Identity Theft (RSA 359-I)

A guide for victims of identity theft: detailing what to do and who to contact.

"A security freeze means that your credit file cannot be seen by potential creditors or employers doing background checks – unless you give your consent. Most businesses will not open credit accounts without first checking a consumer's credit history."

IdentityTheft.gov is the federal government’s one-stop resource for identity theft victims. The site provides streamlined checklists and sample letters to guide you through the recovery process.

"Medical identity theft is when someone uses your personal information — like your name, Social Security number, health insurance account number or Medicare number — to see a doctor, get prescription drugs, buy medical devices, submit claims with your insurance provider, or get other medical care."

"The Social Security Administration protects your Social Security number and keeps your records confidential. We don’t give your number to anyone, except when authorized by law. You should be careful about sharing your number, even when you’re asked for it. You should ask why your number is needed, how it’ll be used, and what will happen if you refuse. The answers to these questions can help you decide if you want to give out your Social Security number."

"Child identity theft happens when someone takes a child’s sensitive personal information and uses it to get services or benefits, or to commit fraud. They might use your child’s Social Security number, name and address, or date of birth."

"Home title theft — sometimes also called title fraud or deed theft — happens when someone steals a homeowner’s personal information and uses it to transfer the home’s title into their own name. They may then try to resell or rent the property, or obtain a home equity line of credit (HELOC) on the property without the true owner’s knowledge."

"Identity theft of deceased individuals is when a criminal poses as an individual who has died to obtain finances or services. An imposter may open financial accounts in the deceased person’s name, provide their information to law enforcement to escape criminal prosecution or attempt to claim the deceased’s social security benefits."

"Tax-related identity theft happens when someone steals your personal information to commit tax fraud. Your taxes can be affected if your Social Security number is used to file a fraudulent return or to claim a refund or credit."

"Criminal identity theft is relatively easy to commit by simply providing someone else’s name and birth date. Thieves are aware that all incriminating evidence will point back to the victim—not at the perpetrator. According to the Identity Theft Resource Center, criminal identity theft occurs when an imposter provides another person’s name and personal information (such as a drivers’ license, date of birth, or Social Security number) to law enforcement during an investigation or upon arrest. The identity thief may also have possession of counterfeit documents that use another person’s data. Or he or she may simply claim to be another individual without showing any photo identification."

"Synthetic identity fraud occurs when perpetrators combine fictitious and sometimes, real information, such as names and Social Security numbers (SSNs), to create new identities. These identities may then be used to defraud financial institutions, private industry, government agencies or individuals."

"Theft and misuse of personal identifying information is an increasing phenomenon, and many states have enacted laws specifically prohibiting identity theft. Identity theft offenses sometimes overlap with, and are prosecuted under, statutes criminalizing other offenses, such as false personation, theft, and forgery."

"This article is concerned with the strategies, tactics, and techniques that may be employed by the plaintiff's counsel to successfully litigate a civil action sounding in tort or negligence brought against a custodian of personal identification information (e.g., a consumer retail store, employer, hospital, financial institution such as a bank or check processing center, or a federal or state government agency) for its failure to comply with reasonable commercial standards to prevent the theft of such information in its custody, including that of the plaintiff victim, which proximately causes the individual victim of identity theft to suffer financial loss, mental distress, and any associated physical injury. Typically, in such cases, the identity thief is an employee of the custodian. Where an employee steals personal identification information in the custody of the custodian, the custodian is responsible at law for the theft pursuant to the doctrines of agency and respondeat superior."