What can I do if I'm a victim of identity theft in Washington?
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 Washington agency; RCW 9.35.020(7) requires acceptance in your home jurisdiction. (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)). RCW 19.182 (WA Fair Credit Reporting Act) adds state rights.
3. State Identity Theft Statute
RCW 9.35.020 grades by amount: 2nd-degree (Class C felony, up to 5 years, $10,000) for benefit under $1,500; 1st-degree (Class B, up to 10 years, $20,000) over $1,500.
4. State Identity Theft Passport / Victim Notification
Washington does not issue a formal passport but the AG's Office runs an Identity Theft Resource page and victim notification under RCW 19.255 (data breach).
5. Restitution & Civil Remedies
RCW 9.35.020(6) allows civil action for $1,000 minimum or actual damages (whichever greater), plus reasonable attorney's fees and costs. Criminal restitution mandatory under RCW 9.94A.753.
6. Tax-Related ID Theft
File IRS Form 14039 and request an IP PIN at IRS.gov. Washington has no state income tax.
7. Child ID Theft
RCW 19.182.300 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
RCW 9.35.020 reaches use of any "financial information or means of identification"; Regulation E (12 C.F.R. § 1005.6) covers EFTs.
10. Statute of Limitations
Civil claims under § 9.35.020(6) follow WA's 3-year tort SOL, RCW 4.16.080.
This is legal information, not legal advice.
- You are sued on fraudulent debt
- Identity theft caused wrongful arrest
- Losses exceed $1,500 or involve mortgage fraud
- RCW 9.35.020
- RCW 19.182.170
- RCW 19.255 (breach)
- 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.