(A) In the event that any employee responsible for or involved in restoring an existing covered account or accepting payment for a covered account becomes aware of red flags indicating possible identity theft with respect to existing covered accounts, the employee shall use his or her discretion to determine whether the red flag or combination of red flags suggests a threat of identity theft. If, in his or her discretion, the employee determines that identity theft or attempted identity theft is likely or probable, the employee shall immediately report the red flags to the Town Marshal's Department. If, in his or her discretion, the employee deems that identity theft is unlikely or that reliable information is available to reconcile red flags, the employee shall convey this information to the Clerk-Treasurer, who may in his or her discretion determine that no further action is necessary. If the Clerk-Treasurer in his or her discretion determines that further action is necessary, 1 or more of the following responses as determined to be appropriate by the Clerk-Treasurer shall be performed:
(1) Contact the customer;
(2) Make the following changes to the account if, after contacting the customer, it is apparent that someone other than the customer has accessed the customer's covered account:
(a) Change any account numbers, passwords, security codes, or other security devices that permit access to an account; or
(b) Close the account.
(3) Cease attempts to collect additional charges from the customer and decline to sell the customer's account to a debt collector in the event that the customer's account has been accessed without authorization and the access has caused additional charges to accrue;
(4) Notify law enforcement in the event that someone other than the customer has accessed the customer's account causing additional charges to accrue or accessing personal identifying information; or
(5) Take other appropriate action to prevent or mitigate identity theft.
(B) In the event that an employee responsible for or involved in opening a new covered account becomes aware of red flags indicating possible identity theft with respect to an application for a new account, the employee shall use his or her discretion to determine whether the red flag or combination of red flags suggests a threat of identity theft. If, in his or her discretion, the employee determines that identity theft or attempted identity theft is likely or probable, the employee shall immediately report the red flags to the Town Marshal's Department. If, in his or her discretion, the employee deems that identity theft is unlikely or that reliable information is available to reconcile red flags, the employee shall convey this information to the Clerk-Treasurer, who may in his or her discretion determine that no further action is necessary. If the Clerk-Treasurer in his or her discretion determines that further action is necessary, one or more of the following responses as determined to be appropriate by the Clerk-Treasurer shall be performed:
(1) Request additional identifying information from the applicant;
(2) Deny the application for the new account;
(3) Notify law enforcement of possible identity theft; or
(4) Take other appropriate action to prevent or mitigate identity theft.
(Ord. 032112, passed 3-21-2012)