It seems like every day we hear about someone whose identity was stolen, credit cards run up, or even mortgages taken out in their name. So what does the Bay State do to protect its citizens from these nefarious thieves? Here is a brief overview of identity theft laws in Massachusetts.
Identity Theft
The crime of identity theft involves the theft or use of another person's personal identifiable information, such as his or her Social Security number and birth date, to open credit accounts, access personal records and finances, and commit other illegal acts.
Identity Theft Laws in Massachusetts
Each state has its own identity theft laws. The details of identity theft statutes in Massachusetts are listed below.
| Code Section | Mass. Gen. Laws ch. 266, §37E (2000) |
| Classification of Crime/Penalties | Identity theft is a criminal offense Imprisonment up to 2 years, or fine up to $5,000, or both; perpetrator shall be ordered to make restitution for costs to correct credit history and costs of civil/administrative proceeding to satisfy debt, or other obligation resulting from crime |
| Who May Prosecute | Any prosecuting authority |
| Exemptions to Identity Theft Laws | - |
| Civil Lawsuit Allowed? | - |
| Civil Remedies Available | - |
| Misc. | - |
Preventing Identity Theft
There are several ways to protect yourself against identity theft:
Notify the Credit Bureaus If you think you've been a victim of identity theft, you should contact the three (3) nationwide credit bureaus immediately to set up a fraud alert. The fraud alert will tell banks and other creditors to take extra steps to verify your identity before issuing credit in your name, however it will not completely stop credit in your name. A fraud alert is free and can last 90 days. You can also request an extended seven-year fraud alert and provide a police report.
Related Resources for Massachusetts Identity Theft Laws:
Identity theft laws are constantly evolving to keep up with criminals. You can contact a Massachusetts Internet attorney in your area if you would like legal advice regarding an identity theft case. For more tips on how to avoid becoming a victim and how you might recover from the crime, you can visit FindLaw's Identity Theft section and Identity Theft FAQ.
