Identity thieves and spyware purveyors will have a little bit more trouble working in Washington as a result of several bills that passed the Legislature this winter.
Two other bills help protect homeowners in foreclosure from mortgage rescue schemes and require people who market phone number lists commercially to get consent before publishing cell phone numbers.
"Overall I'm pretty happy," said Attorney General Rob McKenna, who initiated the legislation. "We had a good session."
The legislation is a response to areas where his office sees a pattern of complaints and doesn't have adequate tools to manage them, he said.
Identity theft continues to be a pervasive problem and the proposed new laws aim to make it easier to prosecute.
Records from out-of-state businesses related to an identity theft case can now be authenticated by an affidavit rather than a person having to travel to verify the documents in person. Gov. Chris Gregoire was expected to sign it Friday.
Richland police Capt. Mike Cobb called the legislation a positive step.
"That is very helpful because that runs into a dollar and cents problem," he said.
Another bill requires police departments to file reports for identity theft victims. McKenna's office has received complaints from around the state that departments haven't done this, McKenna said.
Cobb said his office already files the reports, which can be used to help victims reestablish their credit. The more serious issue is finding money to investigate the cases, he said.
"It would be helpful if the state provided funding for personnel to investigate. The problem is not the ability to report, our problem is bodies to investigate," he said.
The bill also allows separate charges to be filed for each use of stolen personal information.
New identity theft laws are helpful in streamlining the process for handling a rampant problem, said Zan Deery, who directs communications and investigations for the Spokane-based Better Business Bureau.
"We have to cut to the chase," she said. "(This) makes the prosecution happen quicker."
A bill closing loopholes in the state's spyware law also aims to make prosecution easier.
The Attorney General's Office has settled five lawsuits since the original law passed in 2005.
Lynda True, a Kennewick woman who worked in computer security for 30 years, said the law is a positive step but is only a Band-Aid.
"Until we pass laws that change the liability of software manufacturers, we're going to continue to see this ... because the systems themselves are still vulnerable," she said.
"The sad thing is that most people that are infected are not necessarily aware they are infected."
McKenna said the new law will help his office keep up with the fast pace of changing technology.
Though mortgage rescue schemes haven't hit Washington hard, the number is on the rise, McKenna said.
The bill mandates more disclosure in contracts when a homeowner in foreclosure decides to sell the property to a third party with the intent of eventually buying it back.
"These are not illegal transactions per se ... but people who are in distress ... aren't necessarily reading everything carefully," McKenna said.
Property owners also now have five days to cancel the agreement.
The law has been successful in other states, McKenna said.
Protecting homeowners from mortgage rescue scams is a move in the right direction, said Dana Mundy of AmeriChoice Home Loans in Richland.
She'd like to see laws addressing predatory lending practices against Hispanics, which is a larger problem locally, she said.
And for homeowners who see foreclosure looming, the best action is to contact the lender servicing the loan because there are options, she said.
"Even if it's embarrassing," Mundy said.
The Attorney General's Office proposed other legislation that did not make it through the session, including a bill creating a crime out of viewing child pornography online.
McKenna said he plans to reintroduce that bill at the next session.
The governor has 20 days -- excluding Sundays -- to act on the bills after the session ends.
For more information about the Attorney General's Office or to file a consumer complaint visit www.atg.wa.gov.
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