What Are My Rights Under Federal and State Identity Theft Laws?
If you have been the victim of identity theft, you likely feel helpless. While having your personal information and data stolen can be overwhelming, know that you are not alone. In a recent year, identity theft impacted as many as 23.9 million people, causing national concern for millions of hardworking citizens.
Depending on the scale of the offense and other factors, identity theft can be prosecuted in either state or federal court. While the depth of a government investigation will bring the acts of perpetrators to the forefront, you should still retain legal representation to guide you moving forward. If you are interested in learning more about what steps can be taken as a victim of identity theft, do not hesitate to contact the Greenville identity theft lawyers at Ryan Beasley Law.
Identity Theft is a White-Collar Crime
Identity theft is a non-violent crime that involves stealing someone’s personal or financial information without their consent. The offense typically has a financial motive, with the offender using fraud or deception in the course of the act. Since the act is usually committed by businessmen and politicians, it is known as a white-collar crime.
Identity theft can involve unlawful access to any of the following:
- Social security numbers
- Checking account numbers
- Savings account numbers
- Credit card and/or debit card numbers
- Driver’s license numbers
- Personal identification numbers
- Electronic identification numbers
- Current former names and/or current former addresses, which are used in conjunction with other identifying information
Since federal offenses are investigated by federal government agencies, the scope of the investigation will be more in-depth, given the government’s ample resources. With identity theft being investigated by the Federal Bureau of Investigation (FBI) and U.S. Secret Service, offenders are often located and prosecuted to the fullest extent of the law. Even so, you cannot rely on a criminal investigation to solve all your problems. In the event of identity theft, you will want to hire a knowledgeable identity theft attorney who can investigate the matter and help get you financially back on track.
18 U.S.C. §1028
With the surge of identity theft cases, Congress passed the Identity Theft and Assumption Deterrence Act in the fall of 1998. Codified under 18 U.S.C. §1028, the Act prohibits the transfer, possession, or use of another person’s identity with the intent of committing an illegal act. If a person produces or transfers an identification document that appears to be issued by the United States government or if the document appears to be a birth certificate, driver’s license, or personal identification card, the offender may be fined and sentenced up to 15 years in federal prison.
Besides imposing criminal penalties, the Identity Theft and Assumption Deterrence Act also allows victims to recoup compensation for their losses. Known as restitution, victims can reclaim the value of whatever money or property was stolen from them. Even if criminal charges have been pressed, you do still have the option to file a civil suit against the perpetrator.
The South Carolina Financial Identity Fraud and Identity Theft Protection Act
The South Carolina Financial Identity Fraud and Identity Theft Protection Act illegalizes obtaining money, property, or services through fraudulent or false pretenses. A person who commits two or more identity theft or financial fraud offenses will be charged with a felony, punishable by a $500 fine and a maximum of five years in prison.
Additionally, the Act protects consumers by regulating how businesses collect, use, and dispose of a consumer’s personal information. An amendment to the Act allows parents, guardians, and other representatives to freeze a protected person’s credit for free. The Act also requires businesses to notify consumers in the event of a data breach, allowing them to take precautionary measures. If you believe that you have been a victim of identity theft or identity fraud, you should immediately contact an experienced Greenville identity theft lawyer who can help you take advantageous next steps.
Contact Our Greenville Identity Theft Lawyers Today
If you have recently had your financial information or personal data stolen, our Greenville identity theft attorneys are here to help. With over 20 years of experience helping consumers advocate for their rights, the legal team at Ryan Beasley Law knows what steps need to be taken following identity theft or data breach. If you are interested in learning more, contact us online or give our firm a call at (864) 756-4204 today to arrange your consultation.