Question

Please answer the following questions

Identity Theft. What is identity theft? You will introduce what identity theft statutes are in Florida state. If you were a practitioner, how would you handle this crime if one of your clients was a victim? Or, you can write about being a victim, if you, unfortunately, were one. If you were a victim how would you handle the situation? And conclusion.

Answer 1

-> Identity theft is the crime of obtaining the personal and financial position of another person and using that information to assume the identity of that person to obtain credit, loans or make transactions, purchases etc. It is basically making undue gains by using identity of another person.

-> In Florida, identity theft is considered as felony and is punishable. Florida law indicates that any unlawful behavior is punishable by jail time and fines, including using personal identification information of another person (identity theft).

Various provisions under Florida law are as under :

1. Using another person's personal information for own personal gain is punishable in Florida as a third degree felony. Also committing another felony while using assuming another person's identity is punishable in Florida as a second degree felony which has some serious consequences. As per Florida laws, "personal information" here includes bank account details, mobile numbers, credit card details. social security numbers etc.

2. A guardian assuming the identity of any child or elder for whom he/she is a guardian for their own gain is punishable as a second degree felony for which the associated fines are 10,000 $ and the maximum imprisionment time is 15 years.

3. One of the most serious identity theft crimes punishable as a second degree felony and in some cases, even a first degree felony is impersonating an official of the Florida law enforcement which is punishable as a second degree felony and causing injury or death while doing the same is punishable as a first degree felony which comes with a sentence up to 30 years.

-> As a victim of identity theft, following steps can be taken :

1. Customers are allowed to place a security freeze on their credit cards / bank accounts if identity theft is suspected. They just need to verify their identity with the bank officials and the freeze can be instantly placed.

2. You need to put a fraud alert on your credit score. Fraud caused by identity theft can massively impact your credit score and hence you need to protect your credit from any further damage.

3. Report the identity theft to the law enforcement agencies immediately so that they can take the necessary action.

4. Also one sure thing to do is to go to the police. Securing a police report can help protect you from any further damage from the theft.

5. The most important thing you need to do in some cases is to change all your affected and other accounts passwords. Many people have a habit of keeping the same password for their various accounts. Hence if theft has occurred in one account, you immediately need to either freeze and change passwords for other accounts as well.

6. Replace your stolen identification. For example, if your social security number is stolen, you need to immediately put in an application for its replacement.

7. Also request the banks or telephone companies whomsoever is concerned with the theft to report to you in case the stolen identity is used again so that you can let police know the same and they can take the necessary action.