What can I do if I'm a victim of identity theft in South Carolina?
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.
- You are sued on fraudulent debt
- Identity theft caused arrest
- Losses exceed $2,000 or multiple accounts
- 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.