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Identity Theft Red Flags Rules


The Federal Trade Commission's rules on identity theft, known as "Red Flags Rules," require financial institutions, utilities, and other creditors to set up programs aimed at preventing identity theft. Because of the definition of "creditor" in these rules, municipalities may be affected. Legal counsels have advised that until the FTC revises its guidance, local governments with municipal utilities should comply with the Identity Theft Prevention Program provisions of the "Red Flag Rules." The FTC began enforcement of the "Red Flags" rule on January 1, 2011. The Federal Credit Reporting Act was amended by the Red Flag Program Clarification Act of 2010 to clarify the applicability of identity theft guidelines to creditors, however, it did not clearly include or exclude specific types of entities, such as utilities. This page provides links to federal regulations, advice given to Washington local governments, sample documents, and information provided by state leagues and national organizations to their municipal clients.

Federal Trade Commission Regulations

Advice Given to Washington State Local Governments

Washington Local Government Examples

  • Clark County PUD Resolution No. 6889 - Adopts an identity theft program and delegates program administration to the general manager, passed 10/2008
  • DuPont
    • Resolution No. 09-368 - Identy Theft Prevention Program, passed 04/28/2009
    • Utility Rental Authorization Form - For rental property, a copy of the rental agreement from the prospective renter, homeowner, or managing company is required. In lieu of a rental agreement, a Utility Rental Authorization Form can be completed by the owner/property manager
  • Ellensburg Resolution No. 2008-40 - Adopts an identity theft program, passed 11/17/2008
  • Friday Harbor Resolution No. 1681 - Adopts an identity theft prevention program; program included, passed 11/06/2008
  • Issaquah Resolution No. 2009-04 - Adopts an indenty theft prevention program, passed 04/06/2009
  • La Center Resolution No. 08-303 - Adopts identity theft prevention program for use by city sewer utility, passed 10/22/2008
  • Port Angeles Resolution No.16-08 - Adopts program to prevent identity theft, passed 10/2008
  • Sequim Resolution No. 2009-05 - Adopts an identity theft policy, passed 04/27/2009
  • Yakima Resolution No. 2009-08 - Adopts program to prevent identity theft, passed 01/20/2009

Information from State Associations

Articles on Red Flags Rules

Last Modified: October 18, 2016