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What can I do if I'm a victim of identity theft in South Carolina?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

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 South Carolina agency. (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

S.C. Code § 16-13-510 (Financial Identity Fraud and Identity Fraud) is a felony punishable by up to 10 years and unlimited fine. Trafficking in stolen identities under § 16-13-525 also a felony.

4. State Identity Theft Passport / Victim Notification

South Carolina does not issue a formal passport but SLED and the Department of Consumer Affairs assist victims with documentation.

5. Restitution & Civil Remedies

Civil suit under S.C. Code § 37-20-160 (Financial Identity Fraud and Identity Theft Protection Act) allows actual damages, attorney's fees, and equitable relief. Criminal restitution under S.C. Code § 17-25-322.

6. Tax-Related ID Theft

File IRS Form 14039 and request an IP PIN at IRS.gov; notify the SC Department of Revenue.

7. Child ID Theft

S.C. Code § 37-20-160(B) 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 16-13-510 reaches use of "personal identifying information"; Regulation E (12 C.F.R. § 1005.6) covers EFTs.

10. Statute of Limitations

Civil tort claims have a 3-year SOL under S.C. Code § 15-3-530.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • You are sued on fraudulent debt
  • Identity theft caused arrest
  • Losses exceed $2,000 or multiple accounts
Related Statutes & Laws
  • S.C. Code § 16-13-510
  • S.C. Code § 37-20-110 et seq.
  • 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.