Federal & State Law

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FEDERAL LAW

It is imperative for victim service providers, advocates, and professionals to be cognizant of the federal laws that may impact the victims or clientele they are assisting.
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[av_toggle title=’Identity Theft and Assumption Deterrence Act’ tags=”]

Establishes identity theft as a Federal Crime with penalties. This law also verifies that the person whose identity was stolen is a true victim.

Click here to view the full language of the statute.

Establishes aggravated identity theft, when a defendant “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person” during and in relation to any felony violation of certain enumerated federal offenses.

Click here to view the full language of the statute.

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[av_toggle title=’Identity Theft Enforcement and Restitution Act’ tags=”]

This act amends 18 U.S.C. § 3663(b) to make it clear that restitution orders for identity theft cases may include an amount equal to the value of the victim’s time spent re-mediating the actual or intended harm of the identity theft or aggravated identity theft. The new law also allows federal courts to prosecute when the criminal and the victim live in the same state. Under previous law, federal courts only had jurisdiction if the thief uses interstate communication to access the victim’s personally identifiable information.

Click here to view the full language of the statute.

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[av_toggle title=’Fair Credit Reporting Act (FCRA)’ tags=”]

Promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. Defines a consumer’s rights regarding the information in their files.

Click here to view the full language of the statute.

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[av_toggle title=’Fair and Accurate Credit Transactions Act (FACTA)’ tags=”]

A consumer-rights law whose primary purpose is to reduce the risk of identity theft through regulation of how consumer account information is handled. This Act, amending the Fair Credit Reporting Act (FCRA), adds provisions designed to improve the accuracy of consumers’ credit-related records.

Click here to view the full language of the statute.

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[av_toggle title=’Fair Debt Collection Practices Act (FDCPA)’ tags=”]

Prohibits debt collectors from using abusive, unfair, or deceptive practices in attempting to collect on a debt owed. Defines consumer rights such as seeking validation of a debt, disputing a debt, and harassment.

Click here to view the full language of the statute.

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[av_toggle title=’Computer Fraud and Abuse Act (CFAA)’ tags=”]

Prohibits accessing a computer without authorization, or in excess of authorization. Defines the following criminal activities:

Obtaining national security information
Accessing a computer and obtaining information
Trespassing in a government computer
Accessing a computer to defraud & obtain value
Intentionally damaging by knowing transmission
Recklessly damaging by intentional access
Negligently causing damage & loss by intentional access
Trafficking in passwords
Extortion involving computers
Attempt and conspiracy to commit such an offense

Click here to view the full language of the statute.

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[av_toggle title=’Unlawful Access to Stored Communications’ tags=”]

Protects the privacy of stored electronic communications, either before such a communication is transmitted to the recipient, or, if a copy of the message is kept, after it is delivered.

Click here to view the full language of the statute.

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[av_toggle title=’Access Device Fraud’ tags=”]

Defines fraud and related activity in connection with access devices (any card, account number, personal identification number, or other means of account access that can be used) to to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument).

Click here to view the full language of the statute.

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[av_toggle title=’Wire Fraud’ tags=”]

Prohibits any individual from defrauding, attempting to defraud, or obtain money or property under fraudulent pretenses via the transmission of wire, radio, or television communication. The crime is broken down into four essential elements:

(1) that the defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money;

(2) that the defendant did so with the intent to defraud;

(3) that it was reasonably foreseeable that interstate wire communications would be used; and

(4) that interstate wire communications were in fact used

Click here to view the full language of the statute.

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[av_toggle title=’Family Educational Rights and Privacy Act (FERPA)’ tags=”]

The Family Education Rights and Privacy Act puts limits on the disclosure of educational records maintained by agencies and institutions that receive federal funding.

Click here to view the full language of the statute.

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[av_toggle title=’Gramm-Leach-Bliley Act (GLBA)’ tags=”]

This act includes a Financial Privacy Rule, which requires financial institutions to provide consumers with a privacy notice when the consumer relationship is established and annually thereafter. The privacy notice must explain what information the institution collects about the consumer, where that information is shared, how it is used, and how that information is protected. The notice must also identify the consumer’s right to opt out of the information being shared with unaffiliated parties and notify him or her if the privacy policy changes.

Click here to view the full language of this statute.

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[av_toggle title=’Driver’s Privacy Protection Act’ tags=”]

Imposes limits on disclosures of personal information in records maintained by state departments of motor vehicles.

Click here to view the full language of the statute.

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[av_toggle title=’Health Information Portability and Accountability Act (HIPAA)’ tags=”]

This privacy rule regulates the security and confidentiality of patient information. The U.S. Department of Health and Human Services published a final Security Rule in February 2003, which sets national standards for protecting the confidentiality, integrity, and availability of electronic protected health information.

Click here to view the full language of the statute.

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STATE LAWS

Identity theft laws and laws regarding consumer protection vary from state to state. It is important for service providers, advocates, and professionals to be aware of the laws in their state that may impact the victims or clientele they are assisting.
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[av_toggle title=’Alabama’ tags=”]

Identity Theft Laws

Law	What it Addresses
Statute: §13A-8-192	Identity theft is considered a class B felony. Any prosecution shall be commenced within seven years of the crime.
Statute: 13A-8-193	Trafficking in stolen identities. Trafficking in stolen identities is a Class B felony.
Statute: §13A-8-196	Addresses issue of jurisdiction of where crime was committed.
Statute: §13A-9-14(b)	Fraudulent use of a credit card or debit card.
Statute: §13A-8-195	Restitution for financial loss.
Statute: §13A-8-199	Law for filing a civil suit regarding identity theft.
Statute: §13A-8-197	Court records to reflect innocence of victim.
Statute: §13A-8-200	Allows for a block on false information in credit reports.

Click here to view the Elder Justice Financial Exploitation Statutes for this state, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

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[av_toggle title=’Alaska’ tags=”]

Identity Theft Laws

Law	What it Addresses
HB 65	Relating to breaches of security involving personal information, credit report and credit score, security freezes, protection of social security numbers, care of records, disposal of records, identity theft, credit cards, and debit cards, disclosure of the names and addresses of permanent fund dividend applicants, and to the jurisdiction of the office of administrative hearings.
AS Sec. 45.48.010-090	Alaska Personal Information Protection Act – Covers a number of protections for personal information, including: data breach notification, the placing of a security freeze on consumer credit report, restrictions on the use of personal information, the disposal of records containing personal information, allowing for a factual declaration of innocence, and truncation of card information.

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[av_toggle title=’Arizona’ tags=”]

Identity Theft Laws

Law	What it Addresses
A.R.S. 13-2008	Defines what is considered identity theft in the state of Arizona. Identified as a Class 4 felony.
A.R.S. 44-1372	Defines what type of electronic mail is considered “unsolicited commercial electronic mail” (spam).
A.R.S. 44-7601	Law regarding the discarding and disposing of records containing personal identifying information; civil penalty; enforcement; and definition.
A.R.S. 44-7701	Retention of customer information; transmission to third parties prohibited; enforcement; and civil penalties.
A.R.S. 12-771 A.R.S. 12-772 A.R.S. 13-4440	Laws regarding when somebody is charged for a crime they did not commit due to identity theft.
A.R.S. 44-1698	Security freeze on credit reports and credit scores; fees; and definition.
A.R.S. 44-1698-01	Consumer credit reports; extension of credit; identity theft; and definition.

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[av_toggle title=’Arkansas’ tags=”]

Identity Theft Laws

Law	What it Addresses
§ 5-37-227	Defines what is considered financial identity fraud and the penalties for committing this crime, not just against consumers but also against the elderly and disabled. Also addresses the victim’s right to restitution. Amended to include unlawful possession of a skimmer.
ACA 5-36-103, 5-36-105, 5-36-106 and 5-37-207	Clarifies that the offenses of theft and fraudulent use of a credit card includes the unlawful use of credit card account numbers; and for other purposes.
§ 4-110	Consumer Protection Against Spyware Act covers laws governing spyware on computers and unauthorized collection and use of electronic data and personal identifying information (PII).
§ 5-41-103	Defines the criminal offenses of computer fraud and computer trespass.
§ 4-110-101 to 105	Personal Information Protection Act – to encourage individuals, businesses, and state agencies that acquire, own, or license personal information about the citizens of the State of Arkansas to provide reasonable security for the information. Also covers the destruction of documents when no longer necessary and the disclosure of security breaches.
§ 4-86-107	Prohibiting the misappropriate post or display of Social Security numbers.
§ 5-37-228	Requires that a law enforcement agency take a report from an individual claiming to be a victim of financial identity theft and give that person a copy of the report.
§ 4-112-101	AR Consumer Report Security Freeze Act

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[av_toggle title=’California’ tags=”]

Identity Theft Laws

Law	What it Addresses
California Penal Code 1798.92-97	The main laws regarding identity theft in California.
California Penal Code Section 528 – 39	The laws explaining false impersonation in California.
California Penal Code Section 530.5-6	The right to file a police report of identity theft with your local police department or sheriff’s office, even if the crime was committed elsewhere.
California Penal Code Section 530.8; Fair Credit Reporting Act Section 609(e) [15 United States Code § 1681g]	The right to copies of documents relating to fraudulent transactions or accounts created using your personal information
California Civil Code Sections 1785.16(k),1785.16.1, 1785.16.3, 1785.203(b); Fair Credit Reporting Act Section 605B [15 United States Code § 1681c-2].	The right to have information resulting from identity theft removed (blocked) from your credit reporting agency files.
California Penal Code Section 1785.15.3(b)	In the state of CA, you can receive up to 12 free credit reports (one per month) with a police report.
California Civil Code Section 1798.11.2	Laws pertaining to freezing a consumer’s credit reports in California.
California Civil Code 1798-.78	A consumers rights regarding personal data
California Civil Code Section 1788.18.	The right to stop debt collection actions related to a debt resulting from identity theft. Before resuming collection, the collector must make a good faith determination that the evidence does not establish that the consumer is not responsible for the debt.
California Civil Code Section 1798.93	The right to bring an action or assert defense against anyone claiming a right to money or property in connection with a transaction resulting from identity theft. Criminal identity theft victims have additional rights.
California Penal Code Section 530.6	Criminal identity theft victims have the right to an expedited proceeding in Superior Court for getting a judge’s order finding that an individual is factually innocent. The judge may order the deletion, sealing, or labeling of records.
California Penal Code Sections 530.6-530.7	Identity Theft Victim Registry (criminal identity theft victims only)
SB 1386	Laws regarding information breaches and how an entity is to proceed in investigating, mitigating, informing potential victims and dispensing restitution if need be.
AB 1298	Medical Information Confidentiality, Security Freeze, Security Breach Notification
Cal. Civ. Code §§ 56.06, 1785.11.2, 1798.29, 1798. 82 Cal. Civ. Code. §§ 1275-1289.5 SB 46 AB 1149 (extends coverage to local agencies), AB 1710, SB 24	Law regarding a consumer’s health and medical information.
§ 17529, § 17538.45	Laws regarding spam, how to regulate it and how to report it.
SB 641 Fair Debt Buying Practices Act.	Covers the selling of debts and the rights of a consumer if they do or do not receive notice of judgement for a debt.

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[av_toggle title=’Colorado’ tags=”]

Identity Theft Laws

Law	What it Addresses
§18-5-902	Defines what is considered identity theft.
§18-5-702	Law regarding financial transactions.
§6-1-715 §24-72.3-102	Privacy and handling of Social Security numbers.
§6-1-713	Proper disposal of documentation.
§16-5-103	Requires law enforcement to take the report of a consumer who claims they are a victim of identity theft.
§ 6-1-716	Law regarding information security breaches.
§12-14.3-106.6	States the laws regarding applying for the security freeze for credit reports in Colorado.
§12-14.3-106.5	Laws allowing victims of identity theft to block the reporting of fraudulent accounts on their credit reports.
§16-5-103	Process and protections for victims of criminal impersonation.

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[av_toggle title=’Connecticut’ tags=”]

Identity Theft Laws

Law	What it Addresses
§53a-129a	Defines identity theft.
§53a-130	Law defining criminal impersonation.
§54-1n	Reporting identity theft to law enforcement.
§54-93a	Correcting Public Record Containing False Information as a result of identity theft.
§42-471	Privacy protection and safeguarding law.
§36a-701a	Security freeze law.

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[av_toggle title=’Delaware’ tags=”]

Identity Theft Laws

Law	What it Addresses
11 § 854	Outlines what is considered identity theft. Classified as a class D felony.
11 § 903 11 § 903A	Outlines what is considered an illegal use of payment cards. Talks about scanning devices, skimming, recording card information and memorizing.
6 § 2204	Requires that a police officer take the report of any consumer who says they are a victim of identity theft.
6 § 2203	Outlines how consumers in DE can apply for a credit freeze.
§12B-101 through 104	Online what individuals and companies are responsible for in the event of an information breach.

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[av_toggle title=’District of Columbia’ tags=”]

Identity Theft Laws

Law	What it Addresses
§22-3277	The main law regarding identity theft, jurisdiction identity theft is tried in, and the right to seek restitution.
§22-3223	Law regarding illegal use, obtaining, or falsifying payment cards.
§22-3277	The right to file a police report of identity theft with your local police department or sheriff’s office, even if the crime was committed elsewhere.
§22-3277	The right to have information resulting from identity theft removed (blocked) from your personal, public record.
§28-3862	Law pertaining to freezing a consumer’s credit reports.
§28-3852	Law regarding information breaches and how an entity is to proceed in investigating, mitigating, informing potential victims and dispensing restitution if need be.

Click here to view the Elder Justice Financial Exploitation Statutes for this district, compiled by the Department of Justice. These laws were designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others.

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[av_toggle title=’Florida’ tags=”]

Identity Theft Laws

Law	What it Addresses
§817.568	Identifies what is considered identity theft. Court order to correct public records.
§817.59	Use of payment cards or card information.
§817.625	Use of skimming or scanning devices to record information.
Statute: 501.005	Law outlining how to apply for a credit freeze.
§817.5681	Law outlining notification in the event of a breach.

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[av_toggle title=’Georgia’ tags=”]

Identity Theft Laws

Law	What it Addresses
§16-9-120	Law outlining what is identity theft.
§16-9-123	Who has the authority to investigate identity theft.
§16-9-31	Use of payment cards for fraudulent purposes.
§ 16-9-109.1	Law regarding what is considered phishing.
§16-9-152	Law regarding spyware on electronic devices.
§10-15-2	Proper disposal of records and documentation.
§16-9-125.1	Mandatory police report law.
§10-1-911 through 912	Laws regarding security breaches.
§10-1-913 through 914	Laws governing freezing credit reports.

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[av_toggle title=’Hawaii’ tags=”]

Identity Theft Laws

Law	What it Addresses
§708-839.6-8	Outlines what is identity theft and the various degrees of the crime.
§708-839.55	Defines personal identifying information (PII) and the penalties of possessing or using PII illegally.
§710-1016.3 §710-1016.4	Obtaining and/or falsifying government issued identification.
§708-8101	Falsifying insurance information.
§708-8102 §708-8100	Outlines credit card theft and illegal use of credit cards.
§487R §487N	Proper disposal of physical and electronic records, punishments for not following proper procedure. Security breach notification laws.
§487J	Outlines the proper use of Social Security numbers by government agencies and businesses.
§489P-3	Law outlining applying for a security freeze on a consumer’s credit report and the possible fees.

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[av_toggle title=’Idaho’ tags=”]

Identity Theft Laws

Law	What it Addresses
§ 18-31 24	Fraudulent use of financial cards and numbers.
§ 18-3 125	Criminal possession of financial card/ numbers and forgeries.
§ 18-31 26	Illegal use of personal identifying information (PII).
§ 18-3127	Receiving or possessing fraudulently obtained goods or services.
§ 48-6 03E	Law defining spam.
Title 2 8 Ch. 51	Law outlining identity theft.
28-51-104	Law outlining breaches and how to notify consumers.
SB 13 80	Law outlining how to apply for a credit freeze in Idaho.

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[av_toggle title=’Illinois’ tags=”]

Identity Theft Laws

Law	What it Addresses
§720 ILCS 5/Art. 16, Subdiv. 15	Laws outlining identity theft, the penalties and jurisdiction of crime.
§15 ILCS 335/14B	Law outlining use of fraudulent identification cards and financial cards.
§740 ILCS / 7	Law outlining phishing and the penalties.
SB2400	Law governing biometrics.
§720 ILCS 5/16G-30	Mandatory police reporting law and law covering criminal identity theft.
§ 225 ILCS 425/1	Law requires debt collectors to cease collection activities after a law enforcement report of identity theft and other proof of identity theft.
§815 ILCS 505/2MM	Law outlining the credit freeze process in IL.
§815 ILCS 530:	Law outlining information breaches and notification processes.

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[av_toggle title=’Indiana’ tags=”]

Identity Theft Laws

Law	What it Addresses
IC 24-526-1	Laws outlining what is considered Identity theft and “identifying information” in the state of Indiana.
IC 35-32-2-1	Defines area of jurisdiction.
IC 35-43-5-2	Misuse and forging of government identification cards.
IC 35-43-5-4	Misuse and fraud using financial cards (credit cards).
IC 35-43-5-4.3	Using skimming devices to obtain information off of financial cards.
IC 24-4.8	Use of spyware to obtain personal identifying information (PII).
IC 4-1-10	Protection and use of Social Security Numbers.
IC 24-4-14	Proper disposal of PII.
IC 35-38-1-2.5	Court order correcting a victim’s record due to identity theft.
IC 24-5-24-9	Law outlining security freezing of credit reports and how a consumer can apply for it.
IC 4-1-11	Laws regarding security breaches and breach notification.

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[av_toggle title=’Iowa’ tags=”]

Identity Theft Laws

Law	What it Addresses
§715A.8	Laws outlining identity theft, defining jurisdiction and mandating that law enforcement take a report.
§715A.9	Value for purposes of identity theft
§715A.6	Law regarding stealing or forging payment cards like credit cards.
§715.4	Law regarding the use of spyware to obtain personal identifying information (PII) or disable programs or devices
Security Freeze Law	Law regarding how to apply for the security freeze on a consumers credit report
Security Breach Law	Regarding the breach of PII and the responsibilities of the entity that was breached.

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[av_toggle title=’Kansas’ tags=”]

Identity Theft Laws

Law	What it Addresses
21-6107	Laws defining identity theft; identity fraud.
21-6108	Illegal to use a scanning device to obtain information off of a payment card
§50-723-24	Laws regarding how to apply for the security freeze on a consumers credit report
§50-7a01 – 7a04	Regarding the breach of personal identifying information and the responsibilities of the entity that was breached.

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[av_toggle title=’Kentucky’ tags=”]

Identity Theft Laws

Law	What it Addresses
§514.160 §514.170	Laws outlining identity theft in KY.
§434.570 §434.872	Obtaining, using, purchasing and falsifying financial information or payment cards.
§434.675	Use of scanning devices to obtain financial information from payment cards.
§367.365	Law outlining applying for a credit freeze in KY.
§532.034 §411.210	How to apply for restitution or file a civil suit against the thief.

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[av_toggle title=’Louisiana’ tags=”]

Identity Theft Laws

Law	What it Addresses
RS 14:67	Law outlining identity theft and the penalties.
RS 51:2021	Laws defining what is considered phishing.
RS 14:67.22	Fraudulent acquisition of a credit card
RS 14:72.3 RS 9:3568	Laws regarding the Identification of alleged offender and the filing of police reports with the LA Department of Justice or local law enforcement agency.
RS 9:3571.3	Allows consumers to freeze their credit reports.
RS 51:3074	Law regarding requirements in the event of a security breach

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[av_toggle title=’Maine’ tags=”]

Identity Theft Laws

Law	What it Addresses
17A§905-A	Misuse of personal identification.
17A§905-B	Use of scanning devices to record personal identifying information (PII) or financial information.
10§1350-B	Requires law enforcement to take a report of identity theft.
File Freeze Law	Details the process for placing credit freezes with each of the three major credit reporting agencies.
10§1348	Law requiring proper procedure in the event of a security breach.

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[av_toggle title=’Maryland’ tags=”]

Identity Theft Laws

Law	What it Addresses
§8.301	Law outlining identity theft in MD, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§8-302 §8-303	Illegal to produce, sell, or create false identification.
§8.304	Requires law enforcement to take a report of identity theft.
§14-1212.1	Defines account review and security freeze process.
§14-3501 through 3508	Laws outlining the proper procedure for handling and mitigating an information breach. Proper destruction of records.

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[av_toggle title=’Massachusetts’ tags=”]

Identity Theft Laws

Law	What it Addresses
266 § 37E 266 § 37B 266 § 37C	Laws outlining identity theft in MA, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Police are required to take a report of identity theft.
201 CMR 17.00	Minimum requirements to protect personal identifying information (PII).
93I § 1-3	Proper destruction of records.
93 § 62A	Defines the process for placing, removing and lifting of a security freeze.
93H § 1-6	Law outlining the proper procedure for handling and mitigating an information breach.

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[av_toggle title=’Michigan’ tags=”]

Identity Theft Laws

Law	What it Addresses
§445.65	Law outlining identity theft in MI, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Police are required to take a report of identity theft.
§750.157p §750.539k	Use and misuse of payment cards and scanning devices.
§780.754a	Requires law enforcement take a report of identity theft.
§445.903 §445.81 through 445.87	Proper and improper disclosing and gathering of Social Security numbers.
§445.72 §445.72a	Laws outlining the proper procedure for handling and mitigating an information breach. Proper destruction of records

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[av_toggle title=’Minnesota’ tags=”]

Identity Theft Laws

Law	What it Addresses
§609.527 § 628.26	Laws outlining identity theft in MI, the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Defines phishing and how it is prosecuted. Law enforcement is required to take any report of identity theft. Victims are entitled to free copies of court documents relating to their case upon written request.
§609.652	Law regarding the use and illegal use/forging of Driver’s Licenses and ID cards.
§609.821 §325E.64	Laws regarding the improper use of payment cards and the penalties for using and selling card information.
§325E.59	Law regarding how transmission and sharing of Social Security numbers.
§13.04	Right to correct fraudulent criminal history.
§325E.61 §325E.64	Laws regarding proper procedure in the event of an information security breach.
§13C.016	Law regarding application and terms of a credit freeze.

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[av_toggle title=’Mississippi’ tags=”]

Identity Theft Laws

Law	What it Addresses
§97-45-19 §97-45-1 §97-19-85 §97-9-79 §99-19-401	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§97-45-27	Law concerning criminal identity theft and expunging fraudulent criminal charges.
§97-19-13 §97-19-31 §97-19-11	Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§75-24-201 through 217(must scroll through relevant sections)	Laws regarding application and terms of a credit freeze.

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[av_toggle title=’Missouri’ tags=”]

Identity Theft Laws

Law	What it Addresses
610.035 RSMo	State entity not to disclose Social Security number, exceptions.
569.095 to 569.099 RSMo	Computer tampering law.
407.1070 to 407.1110 RSMo	Telemarketing and phone solicitation.
407.1135 to 407.1141 RSMo	Unsolicited Commercial E-Mail prohibited.
407.430 to 407.436 RSMo	Confidential and secure handling of credit card information.
570.223 RSMo	Defines identity theft.
570.224 RSMo	Trafficking stolen identities.
570.380 RSMo	Manufacture or possess forged identification.
302.170, RSMo 32.091 RSMo	Options for obtaining REAL ID Act compliant license, confidentiality of Driver’s License information.

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[av_toggle title=’Montana’ tags=”]

Identity Theft Laws

Law	What it Addresses
§45-6-332	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§45-6-317	Law regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§30-14-1703 §30-14-1704	Proper disposal of records and documents and security breaches
§30-14-1726 through 1736	Laws regarding application and terms of a credit freeze.

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[av_toggle title=’Nebraska’ tags=”]

Identity Theft Laws

Law	What it Addresses
§28-608	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§48-237	Proper use and transmission of Social Security numbers
§28-620 §28-621 §28-622 §28-623 §28-634	Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§8-2601 to 8-2615	Laws regarding application and terms of a credit freeze.

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[av_toggle title=’Nevada’ tags=”]

Identity Theft Laws

Law	What it Addresses
§205.4617 §205.463	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§205.464 §205.465 §205.46513	Proper use and transmission of Social Security numbers.
§205.680 §205.710 §205.750 §205.760 §205.800 §205.601	Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
603A.200	Proper and improper destruction and disposal of information.
§205.46517	Reporting identity theft in cases of criminal charges.
§598C.300	Law regarding application and terms of a credit freeze.
§603A.220	Law regarding breaching of information and security.

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[av_toggle title=’New Hampshire’ tags=”]

Identity Theft Laws

Law	What it Addresses
§638-26 §638-25 §359-I	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§359-H:1 through H:6	Use of spyware to obtain PII.
§638:5 §638:29	Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§359-B:29	Law enforcement is required to take reports of identity theft.
§359-I	Law regarding civil suits and court orders regarding identity theft.
§359-B-23 through B-26	Laws regarding application and terms of a credit freeze.
§359-C-20	Law regarding breaching of information and security.

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[av_toggle title=’New Jersey’ tags=”]

Identity Theft Laws

Law	What it Addresses
§2C:21-17	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§2C:21-2.1	Falsifying and counterfeiting government documents and identification.
§C.56:8-162	Improper disposal of records.
§2C:21-6	Law regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§2C:21-17.5	Petition the courts to remove charges due to identity theft from a victim’s record.
§56-8-164	Proper and improper transmission of Social Security numbers.
§2C:21-17.6:	Law enforcement is required to take reports of identity theft.
§2C:21-17.4 §2C:21:17.1	Laws regarding civil suits and court orders regarding identity theft.
§C.56:11-46	Laws regarding application and terms of a credit freeze.
§56:8-163	Laws regarding breaching of information and security
§56:11-51	Denial of credit due to identity theft

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[av_toggle title=’New Mexico’ tags=”]

Identity Theft Laws

Law	What it Addresses
§30-16-24.1	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Covers laws prohibiting phishing.
§30-16-10	Falsifying and counterfeiting government documents and identification.
§30-16-33 §30-16-30	Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§ 57-12B-1 though 4	Proper and improper transmission of Social Security numbers.
§56-3A1 though 6	Laws regarding application and terms of a credit freeze.

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[av_toggle title=’New York’ tags=”]

Identity Theft Laws

Law	What it Addresses
§190.77 §190.78 §190.79 §190.80 §190.80-A §190.81 §190.82 §190.83 §190.84 §20.40(l)	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
General Business Law §399-H State Technology Law § Article 2:201-208	Proper and improper disposal of customer paper records. Laws regarding security breaches putting consumers at risk of identity theft.
§165.17 §155.30 §165.45 §190.85	Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
§390-B	Law defining and governing phishing.
§399-DD Public Officers 96A Labor: 203-d	Proper and improper transmission of Social Security numbers.
General Business Law §380-t	Law regarding application and terms of a credit freeze.
Executive Law: §646	Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.
General Business Law §29-HH	Debt collectors must stop attempts to collect when notified the debtor is a victim of identity theft and provided with a valid police report and written statement supported by documentation.
General Business Law §399-E	Consumers cannot be denied credit based solely on the fact that they are a victim of identity theft as long as they have and have filed and produced a law enforcement report.

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[av_toggle title=’North Carolina’ tags=”]

Identity Theft Laws

Law	What it Addresses
§14.113.20 §14-113.20A §14.113.21 §14-113.23	Laws outlining identity theft and persona identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§14-113.22 §1-539.2C	Restitution for victims, obtaining court documents and civil suits.
§75-64 §75-65	Proper and improper disposal of customer paper records. Laws regarding security breaches putting consumers at risk of identity theft.
§14-113.9 §14-113.10 §14-113.11 §14-113.13	Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.
15A-502 §15A-147	Laws regarding criminal identity theft and the removal of fraudulent charges.
§75-62 §75-66	Proper and improper transmission of social security numbers PII.
§75-63	Law regarding application and terms of a credit freeze.
§14-113.21A	Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.

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[av_toggle title=’North Dakota’ tags=”]

Identity Theft Laws

Law	What it Addresses
§12.1-23-11 §12.1-23-12	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§51-27-10	Law defining and criminalizing phishing.
51-30	Law regarding security breaches putting consumers at risk of identity theft.
§51-31-04	Law regarding criminal identity theft and the removal of fraudulent charges.
§51-33 §51-31	Laws regarding application and terms of a credit freeze and fraud alerts.
§51-31	Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.

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[av_toggle title=’Ohio’ tags=”]

Identity Theft Laws

Law	What it Addresses
§2913.49	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§1349.19 §1347.12	Proper and improper disposal of customer paper records. Laws regarding security breaches putting consumers at risk of identity theft.
§2913.21 §2913.71	Laws regarding the improper use of payment cards and the penalties for using and selling card information.
§149.45	Proper and improper transmission of Social Security numbers.
§1349.52	Law regarding application and terms of a credit freeze.

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[av_toggle title=’Oklahoma’ tags=”]

Identity Theft Laws

Law	What it Addresses
§21:1533.1	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§15.776.8 through 776.12 §15.776.1 §15.776.20 through 776.23	Laws regarding phishing, defining it and prosecution. Falsifying caller ID.
§22:18(9)	Expungement of fraudulent criminal records.
§21:550.2 §21.1550.2	Laws regarding the improper use of payment cards and the penalties for using and selling card information.
§21-1533.2	Illegal to obtain PII from an employee or other person associated with a financial institution.
§24:161	Law regarding security breaches.
§24:149-159	Laws regarding application and terms of a credit freeze.
§1533.3	Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.
§21.1533.1	Law regarding a victim’s right to restitution or a civil suit against the thief.

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[av_toggle title=’Oregon’ tags=”]

Identity Theft Laws

Law	What it Addresses
§165.800 §165.803 §131:315	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§165.810 §165.813 §807.500 §165.055 §165.074	Illegal possession and use of identification cards and devices. Pertains to payment cards as well. Use of scanning devices or skimmers to obtain PII and payment card information.
§646A.622	Proper disposal of records
§646A.620	Law regarding transmission of Social Security numbers or printing full numbers on documentation. Laws regarding collection and use.
§646A.604	Law regarding security breaches.
§646A.606 through 618	Laws regarding application and terms of a credit freeze.

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[av_toggle title=’Pennsylvania’ tags=”]

Identity Theft Laws

Law	What it Addresses
18 § 4120	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Police can take a report from a person claiming to be a victim of identity theft at face value.
18 § 4106	Using skimming devices to obtain card information, codes or account numbers to commit fraud.
18 § 7611 18 § 7615	Illegal use of a computer, publishing passcodes, PII, or confidential information. Illegally giving authorization or access of PII to a third party to commit fraud
73 § 2302	Law regarding security breaches.
SB 180	Law regarding application and terms of a credit freeze.

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[av_toggle title=’Rhode Island’ tags=”]

Identity Theft Laws

Law	What it Addresses
§11-49.1	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§11-49-3 §11-49-4	Obtaining credit card information by fraud.
§11-52.2	Illegal use of a computer, software, to gain PII for fraud.
§6-48-8	Printing, transmitting, and appropriate request for Social Security numbers.
§11-49.2	Law regarding security breaches.
§6-48-1 through 7	Laws regarding application and terms of a credit freeze.

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[av_toggle title=’South Carolina’ tags=”]

Identity Theft Laws

Law	What it Addresses
§16-13-510	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§16-14-20 §16-14-30 §16-14-40 §16-14-50 §16-14-60	Laws regarding illegal obtaining and use of payment card information.
Title 37 Chapter 20	Consumer Protection Code covers the following: Disposal of documents, security breaches and public display of PII, law enforcement must take a consumer’s report of identity theft, court records must reflect the innocence of an identity theft victim in the case of criminal identity theft and law regarding the application and terms for a credit freeze.

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[av_toggle title=’South Dakotah’ tags=”]

Identity Theft Laws

Law	What it Addresses
§22-40.8 §22-40-9 §22-40-1 §22-40-10	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§22-30A-8.1	Law regarding illegal obtaining and use of payment card information.
§22-40-11 through 14	It is illegal to use a scanning device to collection information from payment cards for the purposes of fraud.
§1-27-44 §32-12-17.13	Defines illegal transmission or posting of Social Security numbers.
§54-15-1 through 54-15-16	How consumers can apply for a credit freeze and how it affects their credit reports.

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[av_toggle title=’Tennesse’ tags=”]

Identity Theft Laws

Law	What it Addresses
§39-14-150 §39-16-301 §39-16-303	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§39-14-118	Law regarding illegal obtaining and use of payment card information.
§55-50-602	Law regarding illegal use or counterfeiting of government issued identification.
§47-18-5201 through 05	Definition of phishing for the purposes of identity theft.
§47-18-2110	Limits the transmission and posting of Social Security numbers.
§39-14-150 §47-18-2107	Proper and improper disposal of records and PII. Security Breach Laws.
§47-18-2108	Law regarding security freezes for credit reports.

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[av_toggle title=’Texas’ tags=”]

Identity Theft Laws

Law	What it Addresses
Penal Code §32.51 Business & Commerce Code §48.101 Code of Criminal Procedure: §13.29 Code of Criminal Procedure: §12.01	Laws outlining identity theft and personal identifying information (PII). Identifies the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
Penal Code: §32.31 Penal Code: §32.32 Business & Commerce: §35.64	Laws regarding illegal obtaining and use of payment card information.
Code of Criminal Procedure: §2.29	Law enforcement is required to take a report of identity theft for any consumer.
Business & Commerce: §35.60	Use of a scanning device to obtain financial information for fraudulent purposes.
Business & Commerce: §48.001 through 005 §48.001 to 48.102	Definition of phishing for the purposes of identity theft. Use of spyware software to obtain PII.
Business & Commerce Code: §35.585 Finance Code: §392.303	A victim cannot be discriminated against obtaining a credit card solely on the fact that they are a victim of identity theft. Creditors cannot continue to peruse a victim of identity theft for payment after being notified and receiving a police report.
Business & Commerce: 35.58 Business & Commerce: §35.581	Limits the transmission and posting of Social Security numbers.
Business & Commerce: §48.102 Business & Commerce: §48.103	Proper and improper disposal of records and PII. Security Breach Laws.
Business & Commerce Code: §35.595	What banks are and are not required to do and who they are required to notify in the case of check fraud and identity theft.
Business & Commerce Code: §20.034-039 Business & Commerce Code: §20.031-033	Laws regarding security freezes for credit reports. Consumers can place a security alerts on their credit reports.
Business & Commerce Code: §48.202 Code of Criminal Procedure: §2.28	Court order to be declared a victim of identity theft due to fraudulent criminal charges. Law enforcement is required to notify a victim of criminal identity theft if that person’s information is given. They are also required to inform the Texas Department of Criminal Justice if a thief is using a known victim’s identity.

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[av_toggle title=’Utah’ tags=”]

Identity Theft Laws

Law	What it Addresses
§76-6-1102 §76-6-1105 §76-1-202	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§76-6-506.2	Law regarding illegal obtaining and use of payment card information.
§53-3-229	Illegal to use a fraudulent Driver’s License or for an employee of the License Bureau to knowingly issue a license with fraudulent information.
§76-6-506.7	Use of a scanning device to obtain financial information for fraudulent purposes.
§76-10-1801(f)	Definition of phishing for the purposes of identity theft. Use of spyware software to obtain PII.
§13-45-3	Limits the transmission and posting of Social Security numbers.
§13-44-201 §13-44-202	Proper and improper disposal of records and PII. Security Breach Laws.
§13-45-101 through 205	Laws regarding security freezes for credit reports. Consumers can place a security alerts on their credit reports.
§76-6-1104	“In any case in which a person commits identify fraud and uses the personal identifying information obtained to commit a crime in addition to the identity fraud, the court shall make appropriate findings in any prosecution of such a crime that the person whose identity was falsely used to commit the crime did not commit the crime.”

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[av_toggle title=’Vermont’ tags=”]

Identity Theft Laws

Law	What it Addresses
13 § 2030	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
9 § 4041 – 4045 9 § 2480l	Laws regarding illegal obtaining and use of payment card information.
9 § 2480k	Law enforcement is required to take a report of identity theft from consumers.
9 § 2440	Limits the transmission and posting of Social Security numbers
9 § 2445 9 § 2435	Proper and improper disposal of records and PII. Security Breach Laws.
9 § 2480h	Laws regarding security freezes for credit reports. Consumers can place a security alerts on their credit reports.
9 § 2480n	Executor of deceased estate or other authorized individual may request that the CRAs indicate that a person is deceased on their credit reports.

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[av_toggle title=’Virginia’ tags=”]

Identity Theft Laws

Law	What it Addresses
§18.2-186.3	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§18.2-152.5:1 §18.2-152.4	Defines phishing and how to prosecute. Defines the use of spyware to obtain personal identifying information (PII).
§18.2-192 §18.2-193 §18.2-194 §18.2-195 §18.2-197	Laws regarding illegal obtaining and use of payment card information.
§18.2-186.3:1	Law enforcement is required to take a report of identity theft from consumers.
§59.1-444.2	Proper and improper disposal of records and PII. Security Breach Laws.
§ 59.1-444.2	Law regarding security freezes for credit reports.
§18.2-196.1	Use of a scanning device to obtain PII or financial information.

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[av_toggle title=’Washington’ tags=”]

Identity Theft Laws

Law	What it Addresses
§9.35.020 §9.35.001 §9.35.010	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§19.190.080 §19.270 §9A.56.290	Defines phishing and how to prosecute. Defines the use of spyware to obtain PII. Use of scanning devices, or spyware.
§46.20.0921 §9A.58	Illegal use, forging or alteration of a driver’s license.
§19.255.010 §42.56.590	Laws regarding security breaches and what steps are required by companies and entities in the event of a breach.
§ 9.35.050	Law enforcement is required to take a report of identity theft from consumers.
§19.215	Proper and improper disposal of records and PII. Security Breach Law.
§19.182.170 §19.182.160	Laws regarding security freezes for credit reports. Consumers can place a security alerts on their credit reports. Block of information appearing as result of identity theft.
§9.35.040	Victims are entitled to know the transactions that have been made using their information.
§19.16.250(20)	Collection agencies cannot continue to try to collect from identity theft victims after they have received notice of the identity theft.

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[av_toggle title=’West Virginia’ tags=”]

Identity Theft Laws

Law	What it Addresses
§61-3-54	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§4-A-6L-101 through 105	Laws regarding freezing credit reports.
§46A-2-101	Proper and improper disposal of records and PII. Security Breach Laws.
§61-3-24a §61-3-56	Attempted or fraudulent use, forgery, traffic of credit cards; possession and transfer of credit cards and credit card making equipment; false or fraudulent use of telephonic services; and penalties. Scanning device or re-encoder fraud; felony; definitions; and penalties.

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[av_toggle title=’Wisconsin’ tags=”]

Identity Theft Laws

Law	What it Addresses
§943.201 §943.203	Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§943.201	Law enforcement is required to take any report of identity theft.
§100.54	Law regarding freezing credit reports
§134.98	Law regarding security breaches
§943.41 §943.82	Unlawful obtaining, forging payment cards. Using a scanning device to gain PII or financial information for the purposes of fraud

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[av_toggle title=’Wyoming’ tags=”]

Identity Theft Laws

Law	What it Addresses
§6-3-901	Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.
§6-3-901 40-12-509	Victims of criminal identity theft may petition a court for a factual declaration of innocence. AG’s office may create and maintain a database of criminal identity theft victims.
40-12-501	Law regarding freezing credit reports.
40-12-501	Law regarding security breaches.
§6-3-802 §6-3-803	Unlawful obtaining, forging payment cards. Use of scanning device to obtain PII from payment cards.

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