Christian finance and consumer credit counseling & debt management
Identity Theft
Conclusion: It's The Law
Federal Law
The Identity Theft and Assumption Deterrence Act, enacted by Congress in October 1998 (and codified, in part, at 18 U.S.C. §1028) makes identity theft a federal crime.
Under federal criminal law, identity theft takes place when someone "knowingly transfers, possesses or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law."
Under this definition, a name or Social Security number is considered a "means of identification." So is a credit card number, cellular telephone electronic serial number, or any other piece of information that may be used alone or in conjunction with other information to identify a specific individual.
Violations of the federal crime are investigated by federal law enforcement agencies, including the U.S. Secret Service, the FBI, the U.S. Postal Inspection Service, and the Social Security Administration's Office of the Inspector General. Federal identity theft cases are prosecuted by the U.S. Department of Justice.
For the purposes of the law, the FCRA defines identity theft to apply to consumers and businesses.
State Laws
Many states have passed laws making identity theft a crime or providing help in recovery from identity theft; others are considering such legislation. Where specific criminal identity theft laws do not exist, the practices may be prohibited under other laws. Contact your state Attorney General (for a list of state offices, visit www.naag.org) or local consumer protection agency for laws related to identity theft, or visit www.consumer.gov/idtheft.
Privacy Policy
When you contact us with complaints or requests for information, you can do it online at www.consumer.gov/idtheft; by telephone, toll-free at 1-877-ID-THEFT (438-4338); or by mail: Federal Trade Commission, Identity Theft Clearinghouse, 600 Pennsylvania Avenue, NW, Washington, DC 20580. Before you contact us, there are a few things you should know.
We enter the information you send into the Identity Theft Clearinghouse, an electronic database. The Clearinghouse is a system of records covered under the Privacy Act of 1974. In general, the Privacy Act prohibits unauthorized disclosures of the records it protects. It also gives individuals the right to review records about themselves. Learn more about your Privacy Act rights and the FTC's Privacy Act procedures by contacting the FTC's Freedom of Information Act Office: 202-326-2430; www.ftc.gov/foia/privacy_act.htm.
The information you submit is shared with FTC attorneys and investigators. It also may be shared with employees of various federal, state, or local law enforcement or regulatory authorities. The FTC also may share your information with some private entities, such as consumer reporting companies and any companies you may have complained about, where it believes that doing so might help resolve identity theft-related problems. You may be contacted by the FTC or any of the agencies or private entities to whom your complaint has been referred. In some limited circumstances, including requests from Congress, the FTC may be required by law to disclose information you submit.
You have the option to submit your information anonymously. However, if you do not provide your name and contact information, law enforcement agencies and other organizations will not be able to contact you for more information to help in identity theft investigations and prosecutions.
A Special Word About Social Security Numbers
Conclusion
It's the Law Federal/State
Instructions for Completing the ID Theft Affidavit
The ID Theft Affidavit
Annual Credit Report Request Form
A D V E R T I S E M E N T
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Conclusion: It's The Law
