Using Identity Theft Law Information To Protect Yourself From Identity Thieves

By Security Editor

Know your rights and what kind of protection the government gives you by studying the two examples of US identity theft law below ...

Over the past few years, each new identity theft law seeks to protect consumers and businesses from what statistics show to be one of the fastest growing crimes in America today. Know your rights and what kind of protection the government gives you by these two examples (one state law, the other federal) of US identity theft law.

Identity Theft Law - State Credit Freeze

Did you know that half the states in America today allow you to freeze your credit report? What can this do? Well, it can stop an identity thief from taking out a credit card under your name.

If your credit report is frozen, three things happen:

1. A credit card company cannot access your files.
2. The company can't perform a credit check.
3. The credit card issuer can't give you a credit rating or score.

This means, no new credit card. Under this identity theft law, the only way to unfreeze your credit report is for you to use your PIN to allow access to your files.

You can exercise your right to a credit freeze by simply requesting it. If you've been a victim of identity theft, there's no charge. If not, there's a small fee – which you're definitely better off paying to avail yourself of the benefits of this identity theft law, rather than facing the consequences if you don't.

Credit freeze laws are already in force in the following states.

  • California
  • Colorado
  • Connecticut
  • Delaware
  • Florida
  • Hawaii
  • Illinois
  • Kansas
  • Kentucky
  • Louisiana
  • Maine
  • Minnesota
  • Nevada
  • New Hampshire
  • New Jersey
  • North Carolina
  • New York
  • Oklahoma
  • Pennsylvania
  • Rhode Island
  • South Dakota
  • Texas
  • Vermont
  • Washington
  • Wisconsin

Credit freeze will be available in Utah starting September 2008.

Identity Theft Law - ID Theft & Assumption Deterrence Act of 1998

This is the legislation that outlawed the new crime of identity theft. This cornerstone identity theft law outlaws:

The use or transfer, without having any legal authority, any means of identifying another individual to abet an illegal act that violates local, state, and/or federal laws.

The penalties under this identity theft law are:

  • 15 years in prison, maximum
  • A fine
  • And property used or meant to aid the crime will be forfeited

PLUS, the thief may also incur penalties (some sentences are up to 30 years, plus fines, etc.) under EACH of the following federal fraud laws that may have also been violated:

  • Computer
  • Credit Card
  • Financial Institution
  • Identification
  • Mail
  • Wire

 

Next article: The Three Types Of Commercial Identity Theft

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