What can I do if I'm a victim of identity theft in Colorado?
1. Immediate Steps
(a) File an FTC Identity Theft Report at IdentityTheft.gov with the FTC Affidavit. (b) File a police report with your local Colorado agency; C.R.S. § 18-5-905 requires acceptance in your home jurisdiction. (c) Place a fraud alert with Experian, Equifax, or TransUnion. (d) Place a credit freeze at all three bureaus, free under 15 U.S.C. § 1681c-1.
2. FCRA Rights
The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., provides blocking (§ 1681c-2), disputes (§ 1681i), and records access (§ 1681g(e)).
3. State Identity Theft Statute
C.R.S. § 18-5-902 (Identity Theft) is a Class 4 felony (2-6 years, $2,000-$500,000 fine). Criminal possession of identification documents under § 18-5-903 is a Class 6 felony.
4. State Identity Theft Passport / Victim Notification
The Colorado AG operates an Identity Theft Repository under C.R.S. § 24-31-1303 collecting victim affidavits and assisting law enforcement.
5. Restitution & Civil Remedies
Criminal restitution mandatory under C.R.S. § 18-1.3-603. Civil suits available under the Colorado Consumer Protection Act, C.R.S. § 6-1-113 (actual damages, $500 minimum, treble for bad faith, attorney's fees).
6. Tax-Related ID Theft
File IRS Form 14039 and request an IP PIN at IRS.gov; notify the Colorado Department of Revenue.
7. Child ID Theft
C.R.S. § 12-14.3-106.7 allows protected consumer freezes for minors, free of charge.
8. Medical ID Theft
Notify insurer and request HIPAA accounting (45 C.F.R. § 164.528).
9. Synthetic Identity / Account Takeover
Section 18-5-902 reaches use of "personal identifying information"; Regulation E (12 C.F.R. § 1005.6) covers EFTs.
10. Statute of Limitations
CCPA claims have a 3-year SOL under C.R.S. § 6-1-115; tort claims 2-3 years.
This is legal information, not legal advice.
- You are sued on fraudulent debt
- Identity theft caused arrest
- Losses exceed $2,000 or involve property fraud
- C.R.S. § 18-5-902
- C.R.S. § 24-31-1303
- C.R.S. § 6-1-113 (CCPA)
- 15 U.S.C. § 1681 (FCRA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.