N.J.S.A. 56:11-511. a. A creditor shall not deny credit to, or reduce the credit limit of, an individual solely because that individual was a victim of identity theft pursuant to N.J.S.2C:21-1, section 1 of P.L.1983, c.565 (C.2C:21-2.1) or N.J.S.2C:21-17. For purposes of this section, “victim of identity theft” means any individual who, prior to or at the time of applying for credit, or for increasing the individual’s credit limit, presents to a creditor:
(1) a copy of a police report filed pursuant to section 3 of P.L.2005, c.226 (C.2C:21-17.6); or
(a) a properly completed copy of a standardized affidavit of identity theft, as established by the Federal Trade Commission pursuant to section 609 of the federal “Fair Credit Reporting Act,” Pub.L.91-508 (15 U.S.C. s.1681g); or
(b) a similar, duly executed affidavit concerning the victim’s identity theft.
b. The provisions of subsection a. of this section shall not abrogate the right of a creditor to deny credit to, or reduce the credit limit of, a victim of identity theft for any other reason authorized by law.
C.56:11-52 Violations, penalties.
2. Any creditor who violates any provision of this act shall be liable for a penalty of not more than $5,000 for each violation, to be collected by and in the name of the Commissioner of Banking and Insurance in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
3. This act shall take effect on the 90th day following enactment.
Approved January 29, 2007.