Identity theft occurs when someone unlawfully uses another person's personal information, such as their name or Social Security number, to commit fraud or other illegal activities. This crime is governed by both federal and state laws, which vary in their definitions and penalties. Generally, identity theft involves the intent to deceive for personal gain or to benefit a third party.
Identity theft is primarily addressed in criminal law, but it can also have civil implications. Victims may seek restitution through civil lawsuits. Legal practitioners often encounter identity theft in cases involving financial fraud, credit card misuse, and unauthorized access to accounts. Users can manage some aspects of identity theft recovery with legal templates offered by US Legal Forms, which can help in filing reports or claims.
Here are a couple of examples of abatement:
Example 1: A person steals another individual's credit card information and makes unauthorized purchases online. This constitutes identity theft because the thief accessed financial resources without consent.
Example 2: An individual uses someone else's Social Security number to open a bank account and apply for loans, intending to defraud the financial institution. (hypothetical example)
Major laws addressing identity theft include:
| State | Key Differences |
|---|---|
| California | Has specific laws for identity theft that include additional protections for victims. |
| Texas | Penalties can vary based on the amount of financial loss incurred by victims. |
| New York | Offers resources for victims, including credit monitoring services. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Fraud | Deceptive practices to secure unfair or unlawful gain. | Fraud may not necessarily involve the use of another's identity. |
| Identity Fraud | Using someone else's identity to commit fraud. | Identity theft is a precursor to identity fraud. |
If you suspect you are a victim of identity theft, take the following steps:
Browse our library of 85,000+ state-specific legal templates.
Contact your bank or credit card company immediately to dispute the charges and freeze your account.