Florida Laws Addressing Identity Theft

Identity theft can completely disrupt a person’s life. This becomes particularly problematic when you only discover the problem when you attempt something important, like getting a new job or purchasing a car or house. Being denied a loan or job may have disastrous consequences in your life at worst and create a long list of administrative tasks to get the problem rectified at best. When people face violations like this, they often want to know their legal options to seek justice. Contacting a reputable Florida identity theft victim attorney with Sharmin and Sharmin may help you understand your legal options and streamline your resolution process. 

What is identity theft?

Identity theft affects an estimated 10 million Americans each year. In the state of Florida, identity theft is defined as the unauthorized use of an individual’s personal information to commit fraud or other crimes. The Florida Department of Agriculture and Consumer Services states that the common types of information stolen are:

• Name
• Social Security Number
• Credit Card number
• Bank account number

If you suspect your identity has been stolen, you should review your credit report to determine further what may have been affected. Following that, you can contact the credit reporting bureaus, the Federal Trade Commission(FTC), and your local police department to report fraud. These reports are commonly required to resolve any problems. 

Legal Consequences of Identity Theft 

In the state of Florida, most cases of identity theft are a felony. Chapter 817.568 of the Florida Statutes states that these charges can range from a third-degree felony to a first-degree felony, depending upon the amount of injury or fraud perpetrated or the number of victims. The sentencing requirements for identity theft are as follows:

• Third-degree: imprisonment for up to 5 years
• Second-degree: imprisonment not to exceed 15 years
• First-degree felony: imprisonment up to a lifetime sentence

Identity theft may be prosecuted by the state courts or a federal court if the crime crosses state lines. The federal guidelines for felony charges carry similar sentencing times. The Identity Theft and Assumption Deterrence Act of 1988 established the federal guidelines for identity theft, including adjusting the penal code and sentencing requirements. 

More recently, Congress passed the Identity Theft Penalty Enhancement Act in 2004, which provides modernized definitions of identity theft and includes intent to commit it by having devices that may facilitate the act. 

Civil Law Implications of Identity Theft

Federal laws provide criminal penalties to perpetrators of identity theft, but civil laws may also allow you to file a personal injury lawsuit in civil court. In many cases, conviction of the crimes in criminal court can be used as evidence on your behalf in civil court. 

If you have been the victim of identity theft, you will likely benefit from the services of an identity theft attorney with Sharmin and Sharmin. We can work with you to file the appropriate complaints with the credit reporting agencies, financial institutions, and police. We can also help you seek restitution from any parties that may have contributed to the theft.