What can I do if I'm a victim of identity theft in Louisiana?
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 Louisiana sheriff or police; La. R.S. 14:67.16(F) entitles you to report in your parish of residence. (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
La. R.S. 14:67.16 (Identity Theft) is graded by value: up to 6 months imprisonment and $500 fine (under $1,000); up to 5 years and $10,000 ($1,000-$25,000); up to 10 years and $20,000 (over $25,000). Enhanced penalties for victims 60+.
4. State Identity Theft Passport / Victim Notification
Louisiana does not issue a formal passport, but the LA AG's Consumer Protection Section and Louisiana State Police provide victim assistance.
5. Restitution & Civil Remedies
Criminal restitution mandatory under La. C. Cr. P. art. 883.2. Civil claims available under the Louisiana Unfair Trade Practices Act, La. R.S. 51:1409 (actual damages, treble for knowing violations after AG notice, attorney's fees).
6. Tax-Related ID Theft
File IRS Form 14039 and request an IP PIN at IRS.gov; notify the Louisiana Department of Revenue.
7. Child ID Theft
La. R.S. 9:3568.4 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 14:67.16 reaches use of "personal identifying information"; Regulation E (12 C.F.R. § 1005.6) covers EFTs.
10. Statute of Limitations
Louisiana delictual actions have a 1-year prescription under La. Civ. Code art. 3492; LUTPA claims 1 year peremption.
This is legal information, not legal advice.
- You are sued on fraudulent debt
- Identity theft caused arrest
- Losses exceed $1,000 or involve real property
- La. R.S. 14:67.16
- La. R.S. 51:1409 (LUTPA)
- 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.