FTC Identity Theft Affidavit: Purpose and Use

The FTC Identity Theft Affidavit is a standardized federal form that allows identity theft victims to document fraudulent accounts and transactions opened in their name. It functions as a formal declaration that creditors, debt collectors, and credit bureaus are required to recognize under federal law. The affidavit is the foundational document in the identity theft reporting process, and its proper completion determines whether downstream remediation — including account disputes and credit corrections — proceeds efficiently or stalls.

Definition and scope

The FTC Identity Theft Affidavit, available through IdentityTheft.gov, is a federally recognized sworn statement in which an identity theft victim attests that specific accounts or charges were opened or incurred without authorization. The form is produced and maintained by the Federal Trade Commission under its authority to administer the Identity Theft Assumption and Deterrence Act of 1998 (15 U.S.C. § 1028), which made identity theft a federal crime and established victim rights to documentation.

The affidavit covers three primary categories of fraudulent activity:

1. New accounts — credit cards, loans, or utilities opened in the victim's name without consent
2. Existing account fraud — unauthorized charges or changes on accounts the victim legitimately holds
3. Other fraud — fraudulent tax filings, benefits claims, or employment fraud committed under the victim's identity

The scope of the affidavit is limited to documenting fraud for the purpose of civil remediation — disputing accounts, halting collections, and correcting credit records. It does not constitute a criminal complaint. For criminal reporting, a separate identity theft police report is required. Together, the affidavit and the police report form the two-document package commonly called an Identity Theft Report, which carries stronger legal weight with creditors than either document alone.

The Fair Credit Reporting Act ([15 U.S.C.

How it works

The FTC affidavit is completed through a structured multi-step process, either online via IdentityTheft.gov or by printing the paper version available from the FTC directly.

Step 1 — Identity verification section. The victim provides full legal name, current address, Social Security number, date of birth, and contact information. This section establishes the claimant's identity and serves as the sworn declaration baseline.

Step 2 — Fraudulent account documentation. For each fraudulent account or charge, the victim records the creditor name, account number (if known), type of account, estimated date the fraud occurred, and the amount involved. Each entry must be listed separately.

Step 3 — Signature and notarization. The affidavit requires the victim's signature under penalty of perjury. Some creditors and financial institutions additionally require the form to be notarized, though notarization is not universally mandated by the FTC itself. Victims should confirm the specific creditor's requirements before submitting.

Step 4 — Submission to relevant parties. Completed affidavits are sent directly to affected creditors, debt collectors, and — in conjunction with a fraud alert or credit freeze — to the three major credit bureaus: Equifax, Experian, and TransUnion. The disputing fraudulent accounts process depends on this document as the primary evidentiary instrument.

Step 5 — Record retention. Victims are advised by the FTC to retain copies of all submitted affidavits and all correspondence generated in response, as follow-up disputes may require resubmission of the original documentation.

The online version of the affidavit, generated through IdentityTheft.gov, produces a pre-populated personal recovery plan and automatically formats the affidavit for each creditor listed — a structural advantage over the paper version for victims managing fraud across multiple accounts.

Common scenarios

The affidavit is applicable across the full range of identity theft types and definitions, but usage patterns concentrate in specific fraud categories.

Financial identity theft is the most frequent application. A fraudster opens a credit card or personal loan using a victim's Social Security number and date of birth. The victim first discovers the fraud through a collections notice or a review of their credit report. The affidavit documents each unauthorized account, enabling the victim to invoke the 4-business-day blocking requirement under FCRA § 1681c-2.

Tax identity theft requires the affidavit in conjunction with IRS Form 14039 (Identity Theft Affidavit), a separate instrument maintained by the Internal Revenue Service. The FTC affidavit does not replace IRS-specific documentation; both may be needed simultaneously depending on the scope of the fraud.

Medical identity theft scenarios involve fraudulent medical claims or prescriptions filed using a victim's insurance information. The affidavit supports disputes with insurers and healthcare providers, though HIPAA-governed medical record corrections require additional steps beyond the FTC form.

Synthetic identity fraud — in which a fabricated identity is constructed using a real Social Security number — presents a distinct challenge: the victim may have no existing accounts with the creditors involved, making the affidavit the primary mechanism for asserting non-responsibility for debts the creditor believes are legitimate.

Child identity theft requires a parent or legal guardian to complete the affidavit on the minor's behalf. The FTC's IdentityTheft.gov platform includes a dedicated pathway for minors' cases.

Decision boundaries

Not every identity theft situation calls for immediate affidavit submission. Understanding when the affidavit is the appropriate tool — versus when other instruments are primary — prevents procedural errors that delay remediation.

Affidavit is the correct primary instrument when:
- New fraudulent accounts have been opened in the victim's name and are appearing on credit reports
- Debt collectors are pursuing collections on accounts the victim did not open
- A creditor is requesting formal documentation of fraud before initiating an account investigation
- The victim is placing an extended fraud alert, which requires an Identity Theft Report

Affidavit alone is insufficient when:
- Criminal prosecution of an identified suspect is the goal — a police report and referral to law enforcement are required
- The fraud involves IRS tax filings — IRS Form 14039 must be filed with the IRS directly
- The fraud involves existing account takeover only — some creditors have internal dispute processes that do not require an affidavit, though having one prepared strengthens the victim's position

Comparison: FTC Affidavit vs. IRS Form 14039

The credit freeze vs. fraud alert decision also interacts with the affidavit: a 7-year extended fraud alert requires an Identity Theft Report (affidavit plus police report), while a standard 1-year fraud alert does not. Victims with confirmed new-account fraud should evaluate whether the extended alert threshold is warranted before filing only the affidavit.

The affidavit does not initiate a criminal investigation, does not guarantee account removal, and does not substitute for direct engagement with each creditor's fraud department. Its legal force derives from the FCRA's blocking provisions and the FTC's formal recognition of the document — not from the document itself compelling creditor action outside of those statutory channels.

References

• Federal Trade Commission — IdentityTheft.gov
• FTC Identity Theft Affidavit (PDF)
• Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. — FTC Legal Library
• Identity Theft Assumption and Deterrence Act, 15 U.S.C. § 1028 — House of Representatives Office of Law Revision Counsel
• IRS Form 14039, Identity Theft Affidavit — Internal Revenue Service
• Consumer Information: Identity Theft — Federal Trade Commission
• FCRA § 1681c-2 — Information Resulting from Identity Theft (ecfr.gov)