Identity theft, also known as identity fraud, is a crime in which an imposter obtains key pieces of personally identifiable information (PII), such as Social Security or driver’s license numbers, to impersonate someone else.
The stolen information can be used to run up debt purchasing credit, goods and services in the name of the victim or to provide the thief with false credentials. In rare cases, an imposter might provide false identification to police, creating a criminal record or leaving outstanding arrest warrants for the person whose identity has been stolen.
The two categories of identity theft are:
There are many different examples of identity theft, including:
Although an identity thief might hack into a database to obtain PII, experts say it’s more likely the thief will obtain information using social engineering techniques. These techniques include the following:
In 2017, major credit bureau Equifax experienced a data breach that exposed 147 million people’s data. A settlement of $425 million was agreed upon to help the victims affected. It is still regarded by some as the most significant instance of identity theft in recent history due to the large-scale damages and significance of the breached organization. This breach occurred due to a number of security lapses by Equifax.
Warning signs of being an identity theft victim include:
In addition to losing money and accruing debt, victims of identity theft can incur severe intangible costs. These include damage to reputation and credit, which can prevent victims from getting credit or finding a job. Depending on the circumstances, identity theft can take years to recover from.
To protect yourself from identity theft, experts recommend individuals regularly check credit reports with major credit bureaus, pay attention to billing cycles and follow up with creditors if bills do not arrive on time.
Additionally, people should:
Many state attorney general websites also offer identity theft kits designed to educate people on identity theft prevention and recovery. Some offerings include helpful documents and forms. The Identity Theft Affidavit, for example, is the form used to officially file a claim of identity theft with a given business. This form in particular is most often used when new accounts have been opened using a victim’s personal data, not when an existing account has been illegally accessed.
If an individual experiences tax-related identity theft, they should continue to pay and file taxes, even if they must file paper returns.
Depending on the type of information stolen, victims should contact the appropriate organization and inform it of the situation. This could be a bank, credit card company, health insurance provider or the IRS. Victims should request to have their account frozen or closed to prevent further fraudulent charges, claims or actions.
In the U.S., identity theft victims should file a complaint with the Federal Trade Commission (FTC) and inform one of the three major credit bureaus — Equifax, Experian or TransUnion — to have a fraud alert or security freeze placed on their credit records.
Victims can visit the FTC website to obtain a recovery plan and put it into action. The plan includes the collection of forms and letters necessary to guide the victim through the recovery process.
If PII is compromised in a data security breach, victims should follow up with the company responsible about what assistance and protections it may have in place for victims and their data.
Governments respond to identity theft crimes differently. In the U.S., two laws largely define the legal proceedings around identity theft: the Identity Theft and Assumption Deterrence Act of 1998 and the Identity Theft Penalty Enhancement Act of 2004.
The Identity Theft and Assumption Deterrence Act prohibits “knowingly transferring or using a means of identification with the intent to commit, aid or abet any unlawful activity that constitutes a violation of federal law or that constitutes a felony under any applicable state or local law.”
The Act also increased sentence lengths by varying degrees for general and terrorism-related offenses. It also established penalties for aggravated identity theft. Aggravated identity theft refers to the use of another person’s identity to commit felonies.
Penalties for identity theft are wide-ranging and can be severe. They vary based on offense. Some penalties for identity theft include:
Some identity theft resources, such as insurance, can help victims. Identity theft insurance can help victims expediate slow and costly recovery processes. Identity theft insurance usually only covers recovery costs, not the damages caused directly by the theft. Depending on the policy, expenses covered may include the following:
Identity theft insurance is available either as an endorsement to homeowners or renters insurance policies, or as a standalone policy. They often have deductibles of $100 to $500. They also usually have benefit limits of $10,000 to $15,000. This means damages that exceed the limit are not fully covered and the victim must pay the difference.
Victims seeking an alternative to insurance or help beyond insurance can use identity theft protection services. These services differ from identity theft insurance policies in that they may provide reimbursement of stolen funds, restoration services and credit monitoring services for a fee.
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