What is the law on identity theft in the United States?

Question from T, What is the law on identity theft in the United States?

Answer from AI:

Identity theft is a serious crime in the United States, and it is governed by several federal laws. The primary law is the Identity Theft and Assumption Deterrence Act, enacted by Congress in 1998. This law makes it a federal crime when someone “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.”

Key Federal Laws on Identity Theft

The Identity Theft and Assumption Deterrence Act is the main law that addresses identity theft. It criminalizes the act of knowingly transferring or using, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity.

The Fair Credit Reporting Act (FCRA) provides certain protections for victims of identity theft. It allows victims to place fraud alerts on their credit reports and block fraudulent information from appearing on their credit reports.

The Identity Theft Penalty Enhancement Act increases penalties for certain identity theft-related crimes.

The Identity Theft Enforcement and Restitution Act allows victims of identity theft to seek restitution in federal court for the loss they suffered.

Steps to Take if You’re a Victim of Identity Theft

If you believe you’re a victim of identity theft, you should:

1. Report the theft to the Federal Trade Commission (FTC) at IdentityTheft.gov.
2. Contact the three major credit bureaus (Experian, TransUnion, and Equifax) to place a fraud alert on your credit reports.
3. File a report with your local police department.
4. Close any accounts that have been tampered with or opened fraudulently.

When to Seek Legal Advice

If you’re a victim of identity theft and are facing difficulties in resolving the issue, it may be beneficial to consult with a legal professional. A lawyer can help you understand your rights, guide you through the process of recovering from identity theft, and represent you in court if necessary.

Remember, this information is a general guide and not a substitute for legal advice. Laws can vary by state, and individual circumstances can greatly affect how laws are applied. Always consult with a legal professional for personalized advice.

For more information on identity theft laws in the United States, you can visit the U.S. Department of Justice’s website.