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RESOLUTION NO. 15 SERIES 2009 A RESOLUTION ADOPTING A RED FLAG POLICY AND ESTABLISHING AN IDENTITY THEFT PREVENTION PROGRAM FOR THE CITY OF LOUISVILLE WHEREAS, pursuant to federal law, the Federal Trade Commission (FTC) adopted Identity Theft Rules requiring the creation of certain policies relating to the use of consumer reports, the addressing of certain discrepancies, the prevention and mitigation of identity theft; and WHEREAS, the FTC regulations, adopted as 16 CFR Section 681.2, require creditors, as defined by 15 USC Section 1681 a(r)(5), to adopt red flag policies to prevent and mitigate identity theft with respect to covered accounts; and WHEREAS, 15 USC Section 1681 a(r)(5) cites 15 USC Section 1691 a, which defines a creditor as a person that extends, renews, or continues credit, and defines credit in part as the right to purchase property or services and defer payment therefore; and WHEREAS, the FTC regulations include utility companies in the definition of creditor; and WHEREAS, the City of Louisville (City) is a creditor with respect to 16 CFR Section 681.2 by virtue of providing utility services or by otherwise accepting payment for municipal services in arrears; and WHEREAS, the FTC regulations define a covered amount in part as an account that a creditor provides for personal, family, or household purposes that is designed to allow multiple payments or transactions and specifies that a utility account is a covered account; and WHEREAS, the FTC regulations require each creditor to adopt a Red Flag Policy & Identity Theft Prevention Program, which will use red flags to detect, prevent, and mitigate identity theft related to information used in covered accounts; and WHEREAS, the City provides water, wastewater, storm water, and solid waste collection services for which payment is made after the product is consumed or the service has been provided, which by virtue of being utility accounts are covered accounts ;and WHEREAS, the FTC regulations, adopted as 16 CFR 681.1, require users of consumer credit reports to develop policies and procedures relating to address