What is Identity Theft?
Short answer: Someone uses your identity to spend money and perform unlawful acts under your name and credit history. Legal answer: Identity Theft occurs when someone knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law. In October 1998, Congress passed the Identity Theft and Assumption Deterrence Act of 1998 to address the problem of identity theft. Specifically, the Act amended 18 U.S.C. § 1028 to make Identity Theft a federal crime. It’s a felony with a 15-year maximum sentence. In July 2004, President Bush signed the Identity Theft Penalty Enhancement Act that guarantees a minimum of two years in prison for those who use identity theft to commit a crime, including terrorism.
As defined by the Federal Trade Commission, identity theft occurs when someone uses your personally identifying information without your permission, such as your name, credit card or Social Security number, to commit fraud or other crimes. One example of this is if someone were to assume your identity, complete with correct Social Security number, current employment information, etc. and takes over your credit and/or bank accounts, open new accounts and loans, secures cell phones and apartments, all in your name.
A. Identity theft is where some other person (ex spouse, neighbor, or anyone) opens an account in your name without your knowledge or consent. They have stolen your identity. This new account will then show up on your credit reports and if it is not paid (and most thieves won’t pay it – they are thieves!) then you may have to deal with debt collectors or deal with being sued over this account. Q. What is a “mixed account?” A.A mixed account or mixed filed or mis-merged file is where your information and someone else’s information (usually with similar name and social security number) have become “mixed” or combined so some of that person’s information is showing up on your credit reports.
