Walk It Through: The Account Someone Opened
A breach notice, a credit card in your name, a police report, and the felony it is.
A letter from an online store says hackers took customers' names and card numbers some time ago.
Two things a person in this spot might do. Picking one shows what the law says about it.
One stolen identity after one breach. Credit reporting disputes, federal fair credit rules, a stolen tax refund and a family member as the thief are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Identifying informationInformation that identifies a person, whose use without permission to deceive or defraud, or to reach their accounts, is identity theft, a Class 6 felony.
- Statute of limitationsThe time within which a lawsuit can be started after the cause of action accrues, six years for a contract.
- Class 6 felonyThe least serious felony class: a maximum of two years in a state correctional facility or a fine of $4,000, or both.