Identity Theft Laws: State Penalties and Remedies and Pending Federal Bills (CRS Report for Congress)
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| Release Date |
Revised Aug. 6, 2007 |
| Report Number |
RL34028 |
| Report Type |
Report |
| Authors |
Tara Alexandra Rainson, Knowledge Services Group |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
This report provides an overview of state laws on identity theft. It discusses state laws that penalize identity theft, as well as state laws that assist identity theft victims, including those that permit consumers to block unauthorized persons from obtaining their credit information, known as 'security freezes.' The report also includes a survey of state 'credit freeze' statutes. The report concludes with summaries of federal identity theft legislation pending in the 110th Congress. This report provides an overview of state laws on identity theft. Forty-eight states and the District of Columbia have criminal identity theft statutes. Many of these include both monetary penalties and imprisonment. For example, in California imposters are subject to a fine and confinement in jail for up to one year. In Louisiana, imposters are subject to a fine of up to $10,000 and confinement in jail for up to 10 years. Several state statutes include restitution provisions. In Texas, Virginia, and Maryland, the court may order the imposter to reimburse the victim for expenses incurred because of the theft, such as lost income or expenses associated with correcting an inaccurate credit report. Other states impose civil penalties for identity theft activities and provide victims with judicial recourse for damages incurred as a result of the theft. In Washington, imposters are liable for civil damages of $1,000 or actual damages, whichever is greater.
