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Identity Theft FAQ


Are there any laws that specifically prohibit identity theft?

Yes. In 1998, Congress passed the Identity Theft and Assumption Deterrence Act (18 U.S.C. ยง 1028). The Act makes the use of another person's identification with the intent to commit any unlawful activity a federal felony. Federal agencies -- including the U.S. Secret Service, the FBI, and the U.S. Postal Inspection Service -- investigate suspected violations of the Act. The U.S. Department of Justice handles prosecutions. Federal law enforcement agencies usually do not investigate individual cases unless the dollar amount is high, or the victim is one of many people victimized by the same perpetrator or fraud ring.

Additionally, many states have passed or are considering laws related to identity theft. Even if your state does not have a law specifically called an identity theft law, the issue is likely covered under other state laws. To see a list of state identity theft laws, go to http://www.consumer.gov/idtheft.

 

More Information About Identity Theft

The federal government maintains a central website devoted to identity theft: http://www.ftc.gov/bcp/edu/microsites/idtheft/. This site lists all federal and state laws relating to identity theft, discusses pending cases, and alerts consumers about identity scams. It also contains useful links for more information.

The Federal Trade Commission Consumer Response Center has a thorough collection of reports on identity theft at http://www.ftc.gov. You can also call the FTC for information on identity theft at 877-ID-THEFT.

The Privacy Rights Clearinghouse maintains an excellent website with reports on a variety of privacy related issues, including identity theft, at http://www.privacyrights.org.

You can also access a wealth of information about identity theft at http://www.identitytheft.org.

The State of California's Office of Privacy Protection (http://www.privacy.ca.gov) also has good general information on identity theft, as well as California-specific information.

Copyright 2006 Nolo

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