What can I do if I'm a victim of identity theft in Wisconsin?
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 Wisconsin 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
Wis. Stat. § 943.201 (Unauthorized Use of an Individual's Personal Identifying Information or Documents) is a Class H felony, up to 6 years and $10,000 fine.
4. State Identity Theft Passport / Victim Notification
Wisconsin does not issue a formal passport but the Wisconsin DOJ Office of Privacy Protection assists victims with documentation and complaint handling.
5. Restitution & Civil Remedies
Wis. Stat. § 895.446 authorizes civil suit for $200 minimum or actual damages (whichever greater), exemplary damages of treble, plus attorney's fees and costs. Criminal restitution under Wis. Stat. § 973.20.
6. Tax-Related ID Theft
File IRS Form 14039 and request an IP PIN at IRS.gov; notify the Wisconsin Department of Revenue.
7. Child ID Theft
Wis. Stat. § 100.54(8) 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 943.201 reaches use of "personal identifying information"; Regulation E (12 C.F.R. § 1005.6) covers EFTs.
10. Statute of Limitations
Civil claims under § 895.446 follow Wisconsin's 6-year SOL, Wis. Stat. § 893.93.
This is legal information, not legal advice.
- You are sued on fraudulent debt
- Identity theft caused arrest
- Losses exceed $2,500 or multiple accounts opened
- Wis. Stat. § 943.201
- Wis. Stat. § 895.446
- 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.