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20-476ORDINANCE NO. 2 O-4 7( AN ORDINANCE OF TI� CITIT OF DENTON AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES TO ADD SECTIONS 26-14 THROUGH 26-22 ESTABLISHING AN IDENTITY T`HEFT PREVENTION PROGRAM; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the Federal Trade Commission's Red Flags Rule, which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003, requires that every creditor is required to establish an "Identify Theft Prevention Program" tailored to its size, complexity and the natures of its operation; and WHEREAS, said Identity Theft Prevention Program should contain reasonable policies to identify, detect, and respond to "red flags" and to ensure periodic updates to such program; and WHEREAS, it is in the interest of the public welfare to implement this Identity Theft Prevention Program; NOW, THEREFORE, THE COUNCII, OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Chapter 26 of the Code of Ordinances of the City of Denton is hereby amended as set forth in "E�ibit A," which is attached and fully incorporated herein by reference. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not af�ect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by �Hi✓ �/�lN and seconded by �%E�SE �1�V/S , the ordinance was passed and approved by the following vote [ 7-�: Chris VVatts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: Jolu1 Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: ✓ ✓ J Abstain Absent PASSED AND APPROVED this the �%� day of __ C�� 2020. ATTEST: ROSA RIOS, CITY SECRETARY B�: APPROVED AS TO LEGAL FORM: AARON LE , CITY ATTORNEY BY: CHRIS WATTS, MAYOR Page 2 of 2 Sec. 26-14. — Identity Theft Prevention The purpose of this policy is to prevent Identity Theft through the identification of "Red Flags." This program sets forth policies and authorizes the creation of written directives to: (a) Identify Relevant Red Flags (b) Detect Red Flags (c) Act to prevent and mitigate Identity Theft (d) Foster Program maintenance and continuing staff training Knowledge of specific administrative procedures, administrative directives, and internal practices employed to ensure customer ldentity Theft protection shall be limited to Customer Service personnel who require them for the purpose of preventing Identity Theft and for maintenance of the Program. � Sec. 26-15. — Identity Theft Prevention Measures Definition of Terms. For the purposes of this policy, the following terms shall be defined as follows: City means the City of Denton, Texas. Covered Account means: Under the Rule, a"covered account" is: (1) Any account Customer Service offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and (2) Any other account Customer Service offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from Identity Theft. Creditors means "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." Customer Service means the department responsible for creation and maintenance of billed customer accounts. Identifying /nformation means "any name or number that may be used, alone or in canjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. Identity Theft means fraud committed using the identifying information of another person. Program means the Identity Theft Prevention Program for the City. Program Administrator means the Customer Service Manager or designee responsible for the Program. Red Flag means a pattern, practice, or specific activity that indicates the possible existence of Identity Theft Sec. 26-16. — Identification of Red Flags Customer Service considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. Customer Service identifies the following red flags in each of the listed categories: (a) Notifications and Warnings from Consumer Reporting Agencies (1 } Report of fraud accompanying a consumer credit report; (2) Natice or report from a consumer credit agency of a credit freeze on a customer or applicant; (3) Notice ar report from a consumer credit agency of an active duty alert for an applicant; and (4) Indication from a consumer credit report of activity that is inconsistent with a customer's usual pattern or activity (b) Suspicious Documents (1) Identification document or card that appears to be forged, altered or inauthentic; (2) Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; (3) Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and (4) Application for service that appears to have been altered or forged. (c} Suspicious Personal Identifying Information (1) Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates, lack of correlation between Social Security number range and date of birth); (2) Identifying information presented that is inconsistent with other sources of information (for instance, Social Security number or an address not matching an address on a credit report); (3) Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; (4) Identifying infarmation presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); (5) Social Security number presented that is the same as one given by another customer; (6) An address or phone number presented that is the same as that of another person; (7) A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law sacial security numbers must not be required) or an applicant cannot provide information requested beyond what could commonly be found in a purse or wallet; and (8) A person's identifying information is not consistent with the information that is on file for the customer. (d) Suspicious Account Activity or Unusual Use of Account (1) Change of address for an account followed by a request to change the account holder's name; (2) Payments stop on an atherwise consistently up-to-date account; (3) Account used in a way that is not consistent with prior use (example: very high activity); (4) Mail sent to the account holder is repeatedly returned as undeliverable; (5) Notice to Customer Service that a customer is not receiving mail sent by Customer Service; (6) Notice to Customer Service that an account has unauthorized activity; (7) Breach in Customer Service's computer system security; and (8) Unauthorized access to or use of customer account information. {e) Alerts from Others (1) Notice to Customer Service from a customer, identity theft victim, fraud detection service, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. Sec. 26-17. — Red Flag Detection Customer Service shall monitor accounts for detection of Red Flags under the requirements set forth in section 26-17 as they apply ta new and existing customer accounts. (a) In order to detect Red Flags associated with the opening of a new customer account, Customer Service personnel will take the following steps to obtain and verify the identity of the person opening the account: (1) Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; {2} Verify the customer's identity (for instance, review a driver's license or other identification card); {3) Review documentation showing the existence of a business entity; (4} Request additional documentation to establish identity; and {5) Independently contact the customer or business. (b) In order to detect Red Flags for an existing customer account, Customer Service personnel will take the following steps to monitor transactions with an account: (1) Verify the identification of customers if they request information (in person, via tetephone, via facsimile, via email); {2) Verify the validity of requests to close accounts or change billing addresses; and {3) Verify changes in banking information given for billing and payment purposes. Sec. 26-18. — Identity Theft Prevention and Mitigation Measures In the event Customer Service personnel detect any identified Red Flags, such personnel shall take one or more of the following steps to prevent and mitigate identify theft, depending on the degree of risk posed by the Red Flag. (1) Continue to monitor an account for evidence of Identity Theft; (2) Contact the customer, sometimes through multiple methods; (3) Change any passwords or other security devices that permit access to accounts; (4) Not open a new account; (5) Close an existing account; (6) Do not close the account, but monitor or contact authorities; (7) Reopen an account with a new number; (8) Notify the Program Administrator for determination of the appropriate step(s) to take; (9) Notify law enforcement; or (10) Determine that no response is warranted under the particular circumstances. Sec. 26-19. — Protection of Customer ldentifying Information In order to further prevent the likelihood of identity theft occurring with respect to utility accounts, Customer Service will take the following steps with respect to its internal operating procedures to protect customer identifying information: (a) Ensure that its website is secure or provide clear notice that the website is not secure; (b) Where and when allowed, ensure complete and secure destruction of paper documents and computer files containing customer information; (c} Ensure that office computers are password protected and that computer screens lock after a set period of time; (d) Change passwords on office computers on a regular �asis; (e) Ensure all computers are backed up properly and any backup information is secured; (f) Keep offices clear of papers containing customer information; (g) Request only the last 4 digits af social security numbers (if any); (h) Ensure computer virus protection is up to date; and (i} Require and keep only the kinds of customer information that are necessary for business purposes. Sec. 26-2Q. — Program Maintenance and Administration Responsibility for developing, implementing and updating this Program lies with the Program Administrator. The Program Administrator will be responsible for the Program administration, for ensuring appropriate training of Utility staff on the Program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, determining which steps of prevention and mitigation shauld be taken in particular circumstances and considering periodic changes to the Program. The Program Administrator may issue written directives in furtherance of this policy with the approval of the City Manager. The Program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of Customer Service from Identity Theft. At least annually, the Program Administrator will take any of the following steps: (a) Consider Customer Service's experiences with Identity Theft situations; (b) Consider changes in Identity Theft methods, detection and prevention methods; (c) Review changes in types of accounts Customer Service maintains and changes in Customer Service's business arrangements with other entities as they appfy to the Program; (d) Consult with law enforcement authorities; (e) Consult with other City personnel, and (f) Make determination whether changes to the Program, including the lising of Red Flags, are warranted; (g) Present any recommended Program changes for formal adoption. Sec. 26-21. — Program Training All Customer Service staff shall be trained either by or under the direction of the Program Administrator. Training shall occur at the time of employment and not less than annually thereafter in the following areas: {a) Detection of Red Flags; (b) Responsive steps to be taken when a Red Flag is detected. Sec. 26-22. — Application to Service Providers In the event Customer Service engages a service provider to perform an activity in connection with one or more accounts, including but not limited to franchise utility providers, Customer Service will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft: (a) Require, by contract or contract amendment, that service providers have such policies and procedures in place; and (b) Require, by contract or cantract amendment, that service providers review Customer Service's Program and report any Red Flags to the Program Administrator.