ID Theft Law: Identity Theft and Assumption Deterrence Act

It wasn't until 1998 that identity theft became a federal crime.  The Identity Theft and Assumption Deterrence Act criminalizes the taking of another person's identity (including identifying information such as name, date of birth, and Social Security number).  Previous legislation only addressed the fraudulent creation, use or transfer of identification documents, not the theft or criminal use of the underlying personal information. 

This law criminalizes fraud as it relates to the unlawful theft and misuse of personal identifying information, regardless of whether the information appears or is used in documents, software or computer files.  Violators are generally subject to a fine and/or imprisonment of up to 15 years.  The law also makes it a crime to aid anyone in the theft or fraudulent use of identifying information.

If you believe you are the victim of identity theft, contact the Federal Trade Commission (www.consumer.gov/idtheft or 800-ID THEFT) to file an affidavit.  Additionally, your state may have identity theft laws on the books; if so, contact your state Attorney General to file a complaint.

With the Identity Theft and Assumption Deterrence Act, the government is demonstrating they are beginning to take ID theft seriously.  Despite this new legislation to aid consumers, law enforcement and the courts are simply overwhelmed by the rapidly growing numbers of ID theft cases.  Your best defense is to not become a victim.  Stay vigilant!  Guard your personal identifying information like your financial life depends on it -- because it does!