What can I do if I'm a victim of identity theft in Texas?
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 Texas law enforcement agency. (c) Place a fraud alert with Experian, Equifax, or TransUnion. (d) Place a credit freeze at all three bureaus, free under the federal Economic Growth, Regulatory Relief and Consumer Protection Act, 15 U.S.C. § 1681c-1.
2. FCRA Rights
Under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., you can block fraudulent items (§ 1681c-2), dispute errors (§ 1681i), and demand transaction records from creditors (§ 1681g(e)).
3. State Identity Theft Statute
Tex. Penal Code § 32.51 (Fraudulent Use or Possession of Identifying Information) ranges from state jail felony (less than 5 items) to first-degree felony (50+ items), with enhancements for elderly victims.
4. State Identity Theft Passport / Victim Notification
Texas does not issue an "ID theft passport" per se, but Bus. & Com. Code § 521.103 requires breach notification, and the AG's Consumer Protection Division accepts victim complaints.
5. Restitution & Civil Remedies
The Identity Theft Enforcement and Protection Act, Tex. Bus. & Com. Code Ch. 521, authorizes the AG to seek civil penalties of $2,000-$50,000 per violation. Crime victims may pursue restitution at sentencing under Code of Criminal Procedure art. 42.037.
6. Tax-Related ID Theft
File IRS Form 14039 and enroll in the IRS IP PIN program at IRS.gov. Texas has no state income tax, so no state form is needed.
7. Child ID Theft
Tex. Bus. & Com. Code § 20.034 allows parents/guardians to place a "protected consumer" security freeze on a minor's credit, free of charge.
8. Medical ID Theft
Notify your insurer and request a HIPAA accounting of disclosures (45 C.F.R. § 164.528).
9. Synthetic Identity / Account Takeover
The same § 32.51 framework applies; Regulation E (12 C.F.R. § 1005.6) protects unauthorized EFTs.
10. Statute of Limitations
Civil tort claims generally have a 2-year SOL under Tex. Civ. Prac. & Rem. Code § 16.003.
This is legal information, not legal advice.
- A creditor sues you on a fraudulent debt
- Identity theft involved real estate deed fraud or mortgage origination
- You face criminal charges due to mistaken identity
- Tex. Penal Code § 32.51
- Tex. Bus. & Com. Code Ch. 521
- 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.