# Title 51 — Sales and Exchanges

## Chapter 51-31 — Identity Fraud

### § 51-31-01. Definitions.

1. "Consumer" means an individual.
2. "Consumer report" has the same meaning as provided in 15 U.S.C. 1681a(d).
3. "Consumer reporting agency" means any person that, for monetary fees or dues or on
a cooperative nonprofit basis, regularly engages in the practice of assembling or
evaluating consumer credit information or other information on consumers for the
purpose of furnishing consumer reports to third parties, and which uses any means or
facility of interstate or intrastate commerce for the purpose of preparing or furnishing
consumer reports. The term does not include an agency that compiles and maintains
files on consumers on a nationwide basis, as described in 15 U.S.C. 1681a(p), a
"reseller" as defined in 15 U.S.C. 1681a(u), when engaged in the act of the reselling of
consumer information or other information, or a "nationwide specialty consumer
reporting agency" that maintains "check writing history" as defined in 15 U.S.C.
1681a(w)(3).
4. "File", when used in connection with information on any consumer, means all of the
information on that consumer reported and retained by a consumer reporting agency
regardless of how the information is stored.
### § 51-31-02. Initial fraud alerts.

Upon the direct request of a consumer or an individual acting on behalf of or as a personal
representative of a consumer, who asserts in good faith a suspicion that the consumer has been
or is about to become a victim of fraud or related crime, including identity theft, a consumer
reporting agency that maintains a file on the consumer and has received appropriate proof of
the identity of the requester shall include a fraud alert in the file of that consumer. The consumer
reporting agency shall continue that alert along with any credit score generated in using that file,
for a period of not less than ninety days beginning on the date of the request, unless the
consumer or the consumer's representative requests that the fraud alert be removed before the
end of the period and the agency has received appropriate proof of the identity of the requester
for that purpose.
### § 51-31-03. Extended fraud alerts.

Upon the direct request of a consumer or an individual acting on behalf of or as a personal
representative of a consumer, who asserts in good faith a suspicion that the consumer has been
or is about to become a victim of fraud or related crime, including identity theft, a consumer
reporting agency that maintains a file on the consumer and has received appropriate proof of
the identity of the requester shall:
1. Include a fraud alert in the file of that consumer and continue that alert along with any
credit score generated in using that file, during the seven-year period beginning on the
date of the request, unless the consumer or the consumer's representative requests
that the fraud alert be removed before the end of that period and the agency has
received appropriate proof of the identity of the requester for that purpose; and
2. During the five-year period beginning on the date of the request, exclude the
consumer from any list of consumers prepared by the consumer reporting agency and
provided to any third party to offer credit or insurance to the consumer as part of a
transaction that was not initiated by the consumer, unless the consumer or the
consumer's representative requests that the exclusion be rescinded before the end of
that period.
### § 51-31-04. Police reports - Judicial determination of factual innocence.

1. An individual who has learned or reasonably suspects that the individual's personal
identifying information has been unlawfully used by another, as described in section
12.1-23-11, may initiate a law enforcement investigation by contacting the local law

enforcement agency that has jurisdiction over the individual's residence or any other
jurisdiction in which any part of the offense occurred. The law enforcement agency
shall take a report of the matter, provide the individual with a copy of that report, and
begin an investigation of the facts. If the suspected crime was committed in a different
jurisdiction, the local law enforcement agency may refer the matter to the law
enforcement agency where the suspected crime was committed for further
investigation of the facts.
2. An individual who reasonably believes that the individual is the victim of identity theft
may petition the district court in the county in which the alleged victim resides or in
which the identity theft is alleged to have occurred, or the court, on its own motion or
upon application of the state's attorney, may move for an expedited judicial
determination of the individual's factual innocence, if the perpetrator of the identity theft
was arrested, cited, or convicted of a crime under the victim's identity, if a criminal
complaint has been filed against the perpetrator in the victim's name, or if the victim's
identity has been mistakenly associated with a record of criminal conviction. Any
judicial determination of factual innocence made under this section may be heard and
determined upon declarations, affidavits, police reports, or other material, relevant, and
reliable information submitted by the parties or ordered to be part of the record by the
court. If the court determines that the petition or motion is meritorious and that there is
no reasonable cause to believe that the victim committed the offense for which the
perpetrator of the identity theft was arrested, cited, convicted, or subject to a criminal
complaint in the victim's name, or that the victim's identity has been mistakenly
associated with a record of criminal conviction, the court shall find the victim factually
innocent of that offense. If the victim is found factually innocent, the court shall issue
an order certifying that determination.
3. After a court has issued a determination of factual innocence under this section, the
court may order the name and associated personal identifying information contained in
court records, files, and indexes accessible by the public deleted, sealed, or labeled to
show that the data is impersonated and does not reflect the defendant's identity.
4. A court that has issued a determination of factual innocence under this section may
vacate that determination if the petition or any information submitted in support of the
petition is found to contain any material misrepresentation or fraud.
### § 51-31-05. Enforcement - Powers - Remedies - Penalties.

The attorney general may enforce this chapter. In enforcing this chapter, the attorney
general has all the powers provided in this chapter or chapter 51-15 and may seek all remedies
in this chapter or chapter 51-15. A violation of this chapter constitutes a violation of chapter
51-15. The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and
are in addition to all other causes of action, remedies, and penalties as provided in chapter
51-15 and as otherwise provided by law.
