What can I do if I'm a victim of identity theft in New York?
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 NY police or sheriff. (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 and N.Y. Gen. Bus. Law § 380-t.
2. FCRA Rights
The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., allows blocking fraudulent items (§ 1681c-2), disputes (§ 1681i), and document recovery (§ 1681g(e)). New York also has the NY Fair Credit Reporting Act, Gen. Bus. Law Art. 25.
3. State Identity Theft Statute
N.Y. Penal Law § 190.78 (3rd degree, Class A misdemeanor, up to 1 year), § 190.79 (2nd degree, Class E felony, up to 4 years), § 190.80 (1st degree, Class D felony, up to 7 years). Sections 190.81-190.83 cover unlawful possession of personal identification information.
4. State Identity Theft Passport / Victim Notification
New York does not have a formal "passport" but the AG's Consumer Frauds and Protection Bureau and the NY DMV's identity-theft program help victims clear records.
5. Restitution & Civil Remedies
Criminal restitution is available under CPL § 60.27. Civil claims may proceed under common-law fraud and Gen. Bus. Law § 349 (deceptive practices, $50 min or actual damages, plus attorney's fees; treble up to $1,000 for willful violations).
6. Tax-Related ID Theft
File IRS Form 14039 and enroll in the IRS IP PIN program at IRS.gov. Notify NY Department of Taxation and Finance for state filings.
7. Child ID Theft
N.Y. Gen. Bus. Law § 380-t(j) allows protected consumer freezes for minors at no charge.
8. Medical ID Theft
Notify insurer and request HIPAA accounting (45 C.F.R. § 164.528).
9. Synthetic Identity / Account Takeover
Penal Law §§ 190.78-190.80 capture use of "personal identifying information" broadly; Regulation E (12 C.F.R. § 1005.6) covers EFTs.
10. Statute of Limitations
General tort SOL is 3 years under CPLR § 214; § 349 claims also 3 years.
This is legal information, not legal advice.
- You face a lawsuit on fraudulent debt
- Identity theft is tied to criminal record or arrest
- Losses or exposure exceed $5,000
- N.Y. Penal Law §§ 190.78-190.86
- N.Y. Gen. Bus. Law § 380-t
- N.Y. Gen. Bus. Law § 349
- 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.