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New ID Theft Protection Law Passed By Congress Submitted by shannon on Sun, 09/21/2008 - 23:00 Last week the United States House of Representatives finally passed an amended version of the 2007 Identity Theft Enforcement and Restitution Act initially passed by the Senate last year. The new version, now awaiting only President Bush’s approval, includes what some consider vast improvements from the previous one. Once signed into law, the Act will give consumers far more recourse when it comes to protecting themselves from identity theft and seeking damages if they are victimized.

The Ability to Sue Identity Thieves

The Pros: Under the new act, victims will be allowed to sue their perpetrators for restitution. This could serve as a significant deterrent to identity thieves who now have to pay little or nothing if caught in addition to serving minimal jail sentences. Some identity thieves, in the past, have been able to rack up several hundreds of thousands of dollars in fraudulent charges and have enjoyed the luxuries that come with it only to be slapped with a small fine when tried in court. Although the victim isn’t responsible for prepaying all of those debts, he or she may have to spend a lifetime undoing the damage done to a credit report or pay higher interest rates on current or new credit while the case is being resolved. In the very least, this could help victims of identity theft greatly reduce the cost of being victimized.  

The Cons: A huge percentage of identity theft cases involve foreign nationals participating in tightly woven identity theft rings that span multiple countries and usually operate in anti-United States territories. Because these cyber-based identity thieves aren’t committing a crime on United States soil, and they may be offered protection from the anti-American countries in which they live, they can be impossible to prosecute. So, although this amendment to the 2007 Identity Theft Enforcement and Restitution Act may help victims recover some of the damages for identity crimes committed by fellow Americans, it won’t do anything to deter international crime rings that still can’t be touched by the law.

All Victims Will Have the Ability to Press Charges

The Pros: Under the initial Act passed by the Senate in 2007, only victims who had incurred a minimum of $5,000 in damages could press charges and file lawsuits against their perpetrators. Under the new Act anyone can file lawsuits no matter how much (or how little) was fraudulently charged in their name. This is a tremendous help to victims from lower income brackets. If money is wrongfully taken from your bank account or fraudulently charged in your name, amounts totaling less than $5,000 can still cause significant financial hardships for most Americans. This new amendment allows victims to decide whether or not it’s worth going after an identity thief to seek restitution.

The Cons: Legal fees could significantly raise the cost of being victimized and would greatly increase the amount a victim would need to seek from his or her perpetrator. But most identity thieves do not have the means to make an honest living in order to repay the debt owed to the victim. If jail time is also part of their sentencing, years could pass before identity thieves are even in a position to begin repaying the money. So, choosing to take the case to court could wind up costing the victim far more in out of pocket expenses than the actual crime itself—especially in cases where a thief would only be ordered to pay less than $5,000.

It Will Be a Felony to Install Malware or Spyware on Ten or More Computers

Pros: Since malware and spyware are tremendous assets in the hands of identity thieves, slapping those who get caught with significant penalties is definitely a good thing. If malware or spyware is installed on a person’s computer, identity thieves can steal passwords and gain access to sensitive personal information without a person even knowing it. Basically, they allow thieves to steal people’s personal information without ever actually touching their computers. Penalizing thieves like this can’t be a bad thing.

Cons: However, it is extremely difficult to catch the people installing malware and spyware. Since many tech savvy identity thieves know how to do this without being detected or traced (some even know how to point a trace to an innocent person), it’s probably not wise to believe that passing this Act is going to significantly reduce the number or malware and spyware cases seen each year.

Even Same State Crimes Can Now Fall Under Federal Jurisdiction

Pros: This is definitely one of the strongest parts of this new Act because it is one of the most practical. As it stands now, when an identity thief strikes if he or she lives outside of the state where the victim resides, it falls under federal jurisdiction. But if the thief and the victim live in the same state, the case must be referred to local authorities who have far less experience with (and far less interest in) identity theft cases. Now, by allowing all cases to fall under federal jurisdiction (the FBI and Secret Service) it will become easier for identity thieves hitting multiple states in one spree to get caught, and for victims to get the help they deserve.

Cons: The only potential foreseeable con here is that there might be a longer wait when it comes to getting your case assigned to a federal agent. But better a longer wait and a more qualified person than a shorter wait and someone who doesn’t really know how to help you.

President Bush is expected to sign this Act into law immediately. It was initially proposed by Senator Patrick Leahy of Vermont and has gained positive support from the Business Software Alliance and the Cyber Security Industry Alliance. Hopefully, it does much to shrink the number of identity theft cases each year from the whopping 9 to 10 million currently reported. Learn the ins and outs of this act so you can appropriately react if identity theft ever happens to you or someone you know.

CommentsSubmitted by Josh Andrews on Sun, 12/07/2008 - 20:32. Thanks Patrick Leahy and others who sponsored this. It is a good addendum, and is about time.
Can victims also press charges for losses of less than $5,000? Or can they only file lawsuits? I hope anyone can press charges for any amount now.
Who will handle the charges? Will it be at the state level and / or the federal level? From the last point mentioned it looks like just federal, but I hope that states will be required to assist the federal team as well.
Will this have any benefit to clearing negative information on your credit report caused by identity theft? Previously you could not clear this if you told the collection agency, credit bureaus, and original company who reported the collection to the collection agency. The credit bureal would simply verify your name and social with the collection agency and leave the negative information on your repot. I sure hope there is a condition for that situation now.Submitted by Political Polly on Wed, 09/24/2008 - 20:56. Is the President going to sign this into affect before or after he deals with the $700 billion bail out package? Identity theft will never get the attention it deserves from the government. They have bigger fish to fry.Submitted by Lonnie on Tue, 09/23/2008 - 22:08. Wow. So, suing the jerks and making them pay doesn't even help you out in the end. Identity theft is just a lose lose situation. Stinks!Submitted by Tim on Tue, 09/23/2008 - 17:00. I'm honestly surprised that the spyware thing isn't more of a pro. I really like this pro and con format too. It helps me understand what's really being done to help stop ID theft.Submitted by Seema on Tue, 09/23/2008 - 16:49. Thanks for putting this in such a clear format--I liked the pros and cons. Now I have a better idea of what this new law means for me. Thanks!

Federal Trade Commission Announces ID Theft Affidavit  New Form Simplifies Process for Thousands of ID Theft Victims

The FTC unveiled a new tool today to assist victims of identity theft restore their good names. The ID Theft Affidavit provides a model form that can be used to report information to many companies, simplifying the process of alerting companies where a new account was opened in the victim's name. Previously, victims of identity theft often had to fill out a separate reporting form for each fraudulent account opened by the identity thief. Developed by the FTC in conjunction with banks, credit grantors and consumer advocates, the ID Theft Affidavit is accepted by participating credit issuers, retailers, banks, and other financial institutions. For a copy of the ID Theft Affidavit, log on to www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf, or call 1.877.ID.THEFT.

"During 2001, ID theft was the number one consumer fraud complaint received by the FTC," stated Timothy J. Muris, the chairman of the Federal Trade Commission. "ID thieves steal personal information, such as a credit card account number or Social Security number. Then they open up accounts in the victim's name and run up charges on the account, or use the personal information to charge goods and services to the victim. The ID Theft Affidavit simplifies the process of remedying the injury inflicted by identity theft. "

If you find that you're a victim of ID theft, the FTC urges you to: Contact the fraud departments of each of the three major credit bureaus and report the theft. Ask that a "fraud alert" be placed on your file and that no new credit be granted without your approval. Equifax: 1.800.525.6285 Experian: 1.888.397.3742 Trans Union: 1.800.680.7289 For any accounts that have been fraudulently accessed or opened, contact the security department of the appropriate creditor or financial institution. Close these accounts. Put passwords (not your mother's maiden name or Social Security number) on any new accounts you open.

File a report with local police or the police where the identity theft took place. Get the report number or a copy of the report in case the bank, credit card company or others need proof of the crime later.

Call the ID Theft Clearinghouse toll-free at 1.877.ID.THEFT (1.877.438.4338) to report the theft. Counselors will take your complaint and advise you on how to deal with the credit-related problems that could result from ID theft. The Identity Theft Hotline and the ID Theft Website (www.ftc.gov/idtheft) give you one place to report the theft to the federal government and receive helpful information.

By sharing your identity theft complaint with the FTC, you will provide important information that can help law enforcement officials track down identity thieves and stop them.

Additionally, a newly updated identity theft booklet, ID Theft: When Bad Things Happen to Your Good Name is now available in Spanish. Two new consumer assistance publications released by the FTC are Privacy: Tips for Protecting Your Personal Information and Privacy: What You Do Know Can Protect You. All FTC publications are available at www.ftc.gov.

The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint or to get free information on consumer issues, call toll-free, 1-877-FTC-HELP, or use the complaint form at www.ftc.gov. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. Media Contact: Cathy MacFarlane,
Office of Public Affairs
202-326-3657   Staff Contact: Betsy Broder,
Bureau of Consumer Protection
202-326-2968



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