Identity Theft Laws
Laws pertaining to identity theft vary from state to state. Under Kentucky law, identity theft is punishable by up to 12 years in prison, $500,000 in fines, and possible restitution to the victim.
How Will I Know If I Am a Victim of Identity Theft?
- READ YOUR BILLS – search for charges you did not buy that may indicate identity theft.
- WATCH YOUR BANK STATEMENTS – any withdrawals you did not make?
- CHECK YOUR MAIL – getting a new bill you did not know about?
- GET YOUR CREDIT REPORT – are there accounts you don’t recognize?
- HAS YOUR FINANCIAL INSTITUTION REPLACED YOUR CREDIT/DEBIT CARD?
What Can I Do?
- Obtain your free credit report on a regular basis to check for fraud.
- Request an extended fraud alert.
- If a child, you can freeze/lock your child’s credit and obtain his report.
- Request a free copy of your medical records if medical information, such as diagnoses, procedure codes, and health insurance info, has been stolen.
- You have the right to an attorney before you sign legal papers.
- If you are offered credit checks, they are free on creditkarma.com.
- Dispute errors in your credit report.
Can I Sue and How Long Do I Have?
Kentucky Revised Statute 532.034 states that a person found guilty of identity theft can be ordered to make restitution for financial loss sustained by a victim. Financial loss may include any costs incurred by the victim in correcting the credit history of the victim. Financial loss may also include costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney’s fees.
Additionally, Kentucky Revised Statute 411.210 states that victims of identity theft have a cause of action to collect damages either where they reside or where the defendant resides. Victims have five years to sue after the date they discovered identity theft.
How Can I Get a Free Credit Report?
You are entitled to a free credit report from each of the three credit reporting agencies (Equifax, Experian, and TransUnion) once every 12 months. This not only helps you increase awareness of possible identity theft, it helps you monitor how you are affecting your own credit. You can request all three reports at once or space them out throughout the year. Requests can be made to:
- ONLINE: creditkarma.com (app available for smartphone) – provides free credit score and free credit report
- ONLINE: annualcreditreport.com
- PHONE: 877-322-8228
- MAIL: Complete the Annual Credit Request Form and mail to:
If your identity is stolen, Flora Templeton Stuart‘s law firm recommends monitoring your credit on a regular basis for potential abnormalities. Unfortunately, repair of compromised credit may not prevent future harm Call for more information at (888) 532-0561, or reach us online.
