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11 Identity Theft Laws Passed by Legislature, Signed by Governor Granholm

Michigan Ranks Sixth Nationally in Costly, Entangling Identity Thefts

December 28, 2004       Leave a Comment
By: Dave Rogers

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      Eleven new laws passed by the Legislature to better protect Michigan citizens from identity theft have been signed by Governor Jennifer M. Granholm.

      "As recently as 2002, Michigan ranked sixth in the nation for identity theft cases,"Granholm said. "These new laws will ensure more is done at the state level to help law enforcement and prosecutors crack down on identity thieves and to help victims recover."



      The legislation signed by the Governor will:

      • create the Identity Theft Act to make it a felony in Michigan to use personal identifying information to obtain goods and services without consent;

      • prohibit businesses from denying credit or public utility service to victims of identity theft and establish penalties for violations;

      • clarify the jurisdiction where identity theft could be prosecuted;

      • extend the statute of limitations for identity theft to six years after the crime was committed or the identity of the thief was established;

      • create the Social Security Number Privacy Act to prohibit certain uses of social security numbers, establish penalties for violations, and provide remedies;

      • establish the right of a victim of identity theft to obtain a police report;

      • list identity theft as an unlawful practice of trade or commerce;

      • prohibit the issuing of sales receipts that show more than the last four digits of a credit card account number;

      • prohibit requiring a consumer to provide a Social Security number as a condition for doing business;

  • prohibit,and create penalties for, photographing, recording, or electronically transmitting personal identifying information taken, without consent, from credit, debit, and ATM cards.

          Victims of identity theft spend about 600 hours trying to clear their names. It can take thousands of dollars, many months, and even years to successfully clear the damage done by identity theft, Granholm said. "Identity theft costs consumers and businesses billions of dollars each year," Granholm said. "These new laws will help us better protect consumers from this awful, invasive crime. They will shield from prying eyes sensitive personal identifying information that can be used to illegally obtain goods, services, money, employment, and medical information."

          These new laws take effect on March 1, 2005.

          The U.S. Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes, including the Identity Theft and Assumption Deterrence Act, passed by Congress in 1998. This legislation created a new offense of identity theft, which prohibits knowingly transferring or using, 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.

          This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.

          Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud, credit card fraud, computer fraud, mail fraud, wire fraud, or financial institution fraud. Each of these federal offenses are felonies that carry substantial penalties ­ in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture.

          A California woman pleaded guilty to federal charges of using a stolen Social Security number to obtain thousands of dollars in credit and then filing for bankruptcy in the name of her victim.

          Two of three California defendants have pleaded guilty to identity theft, bank fraud, and related charges for their roles in a scheme to open bank accounts with both real and fake identification documents, deposit U.S. Treasury checks stolen from the mail, and withdraw those funds.

          A Florida defendant has been indicted on bank fraud charges for obtaining names, addresses, and Social Security numbers from a Web site and using those data to apply for a series of car loans over the Internet.

          Another Florida woman was indicted and pleaded guilty to federal charges involving her obtaining a fraudulent driver's license in the name of the victim, using the license to withdraw more than $13,000 from the victim's bank account, and obtaining five department store credit cards in the victim's name and charging approximately $4,000 on those cards.

          A Kansas defendant pleaded guilty to conspiracy, odometer fraud, and mail fraud for operating an odometer "rollback" scheme on used cars. The defendant used false and assumed identities, including the identities of deceased persons, to obtain false identification documents and fraudulent car titles.

          Legislation contained in identity theft package signed by Governor Granholm:

          Senate Bill 792 (PA 452), sponsored by Sen. Michael Bishop (R-Rochester), creates the Identity Theft Protection Act and defines "identity theft" as engaging in an act or conduct that attempts to use personal identifying information of another person without that person's consent.

          Senate Bill 793 (PA 453), sponsored by Sen. Gerald Van Woerkoem (R-Norton Shores), clarifies the jurisdiction in which identity theft can be prosecuted.

          Senate Bill 795 (PA 454), sponsored by Sen. Nancy Cassis (R-Novi), creates the Social Security Number Privacy Act to prohibit certain uses of all or more than four sequential digits of social security numbers by persons, associations, companies, elementary or secondary public or nonpublic schools, vocational schools, colleges or universities, trade schools, and state of local governmental agencies or departments. This includes using a person's social security number as an individual account number; printing it on any identification badge or card, membership card, permit, or license; or printing it on the outside of an envelope or package mailed or sent to an individual.

          Senate Bill 798 (PA 455), sponsored by Sen. Alan Sanborn (R-Richmond), prohibits the denial of consumer credit to victims of identity theft.

          Senate Bill 1384 (PA 456), sponsored by Sen. Laura Toy (R-Livonia), establishes the right of a victim of identity theft to obtain a police report. Often, victims have difficulty obtaining a report because police officers are uncertain of jurisdictional issues.

          House Bill 6169 (PA 457), sponsored by Rep. William Van Regenmorter (R-Georgetown Township), establishes sentencing guidelines for the crime of identity theft.

          House Bill 6172 (PA 458), sponsored by Rep. Matt Milosch (R-Lambertville), extends the statute of limitations for identity theft cases.

          House Bill 6174 (PA 459), sponsored by Rep. Mike Nofs (R-Battle Creek), adds identity theft as an unlawful practice of trade or commerce to the Michigan Consumer Protection Act.

          House Bill 6177 (PA 460), sponsored by Rep. Sal Rocca (R-Sterling Heights), prohibits, and creates penalties for, photographing, recording, or electronically transmitting personal identifying information taken, without consent, from credit, debit, or ATM cards.

          Senate Bill 220 (PA 461), sponsored by Sen. Valde Garcia (R-Howell), prohibits the use of more than the last four digits of a credit card account number on a sales receipt.

          Senate Bill 657 (PA 462), sponsored by Sen. Cameron Brown (R-Fawn River Township), prohibits requiring a consumer to provide a Social Security number as a condition for doing business.

          How can someone steal your identity? Identity theft occurs when someone uses your personal information such as your name, Social Security number, credit card number or other identifying information, without your permission to commit fraud or other crimes.

          If you think your identity has been stolen, here's what to do now:

          Contact the fraud departments of any one of the three major credit bureaus to place a fraud alert on your credit file. The fraud alert requests creditors to contact you before opening any new accounts or making any changes to your existing accounts. As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts, and all three credit reports will be sent to you free of charge.

          Close the accounts that you know or believe have been tampered with or opened fraudulently. Use the ID Theft Affidavit when disputing new unauthorized accounts.

    File a police report. Get a copy of the report to submit to your creditors and others that may require proof of the crime.

          File your complaint with the FTC. The FTC maintains a database of identity theft cases used by law enforcement agencies for investigations. Filing a complaint also helps us learn more about identity theft and the problems victims are having so that we can better assist you.###



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    Dave Rogers

    Dave Rogers is a former editorial writer for the Bay City Times and a widely read,
    respected journalist/writer in and around Bay City.
    (Contact Dave Via Email at carraroe@aol.com)

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