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Identity Theft Recovery Rights

The federal rights a victim of identity theft can use to remove fraudulent accounts from a credit report, obtain the records of what the thief did, stop the debts being collected, and limit liability for the charges.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of law firms for this.

What it means

Identity theft leaves a victim with three practical problems: accounts and debts in their name that they did not open, a credit report that now describes them as a defaulter, and collectors who do not believe them. Federal law gives a specific remedy for each, and all of them run off one document - an identity theft report, which is a report made to the Federal Trade Commission or to a law enforcement agency, usually together with a sworn statement of the facts.

With that report a victim may require each credit bureau to block from their file any information that resulted from the theft, and the bureau must also tell the business that furnished it, which then may not report it again or sell or place the debt for collection. A victim may demand from any business that dealt with the thief the application and transaction records of the fraudulent account, so that the victim can see and prove what happened; the business must provide them to the victim and, on request, to law enforcement. A debt collector told that a debt arises from identity theft must pass the information to the creditor, and a creditor may not sell or transfer a debt it has been notified is the product of identity theft. Extended fraud alerts and credit freezes, which are separate tools, stop the thief opening more.

Liability for what the thief charged is limited by other federal statutes: for credit card charges the cardholder's exposure is capped at a small statutory amount and is zero once the loss is reported; for debit card and electronic transfers the cap depends on how quickly the loss is reported and can grow if it is not. Beyond that, whether a victim can be held to a loan, lease or account opened in their name by someone else is a question of state contract and fraud law, and the answer is generally no - but proving it is what the records right is for.

Where this comes from

Fair Credit Reporting Act § 605B, 15 U.S.C. § 1681c-2 (block of information resulting from identity theft), § 609(e), 15 U.S.C. § 1681g(e) (a victim's right to business records of fraudulent transactions), § 615(f) and (g), 15 U.S.C. § 1681m(f)-(g) (no sale or transfer of debt caused by identity theft; debt collector duties), § 605A, 15 U.S.C. § 1681c-1 (fraud alerts), and § 603(q), 15 U.S.C. § 1681a(q) (definition of identity theft report); Truth in Lending Act § 133, 15 U.S.C. § 1643 (liability for unauthorized credit card use); Electronic Fund Transfer Act § 909, 15 U.S.C. § 1693g (liability for unauthorized transfers). The FTC accepts identity theft reports at IdentityTheft.gov under the Identity Theft and Assumption Deterrence Act, 18 U.S.C. § 1028 note.

When people hire a lawyer for this

A victim should file the FTC identity theft report immediately, place a freeze or fraud alert, and send the block requests and records demands in writing with a copy of the report - the statutes work on paper and most victims can start them alone. A lawyer becomes necessary when a bureau or business refuses to honor the block, when a collector sues, or when the theft has reached a lease, a mortgage, a tax refund or a criminal record in the victim's name, each of which has its own procedure.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find a lawyer for this in your state

Choose your state to see Identity Theft law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Consumer Rights” has no Identity Theft listing yet and opens the broader page.

Alabama (Birmingham)
+1 other city
- Montgomery
Alaska (Anchorage, Consumer Rights)
Arizona (Chandler)
+6 other cities
Arkansas (Little Rock)
California (Anaheim)
+19 other cities
- Bakersfield
- Chula Vista
- Fontana
- Fremont
- Irvine
- Long Beach
- Los Angeles
- Oxnard
- Riverside
- San Bernardino
- San Diego
- Santa Ana
- and 7 more with fewer listed firms
Colorado (Aurora)
+2 other cities
- Colorado Springs
- Denver
Connecticut (Bridgeport)
Delaware (Wilmington, Consumer Rights)
District of Columbia (Washington)
Florida (Hialeah)
+5 other cities
Georgia (Atlanta)
Hawaii (Honolulu, Consumer Rights)
Idaho (Boise, Consumer Rights)
Illinois (Chicago)
Indiana (Fort Wayne)
+1 other city
- Indianapolis
Iowa (Des Moines)
Kansas (Wichita, Consumer Rights)
Kentucky (Lexington)
+1 other city
- Louisville
Louisiana (Baton Rouge)
+1 other city
- New Orleans
Maine (Portland, Consumer Rights)
Maryland (Baltimore)
Massachusetts (Boston, Consumer Rights)
Michigan (Detroit)
Minnesota (Minneapolis)
+1 other city
- Saint Paul
Mississippi (Jackson, Consumer Rights)
Missouri (Kansas City)
+1 other city
- St. Louis
Montana (Billings, Consumer Rights)
Nebraska (Lincoln)
+1 other city
- Omaha
Nevada (Henderson)
+2 other cities
- Las Vegas
- North Las Vegas
New Hampshire (Manchester)
New Jersey (Jersey City)
+1 other city
- Newark
New Mexico (Albuquerque)
New York (Buffalo)
+2 other cities
- New York City
- Rochester
North Carolina (Charlotte, Consumer Rights)
+5 other cities
North Dakota (Fargo, Consumer Rights)
Ohio (Cincinnati)
+3 other cities
Oklahoma (Oklahoma City)
+1 other city
- Tulsa
Oregon (Portland)
Pennsylvania (Philadelphia)
+1 other city
- Pittsburgh
Rhode Island (Providence, Consumer Rights)
South Carolina (Columbia)
South Dakota (Sioux Falls, Consumer Rights)
Tennessee (Nashville)
Texas (Arlington)
+9 other cities
Utah (Salt Lake City, Consumer Rights)
Vermont (Burlington)
Virginia (Richmond)
+3 other cities
Washington (Seattle)
+2 other cities
- Spokane
- Tacoma
West Virginia (Charleston)
Wisconsin (Madison)
Wyoming (Cheyenne, Consumer Rights)

Related terms

Other entries in the same area of law, each written from the same primary sources.

Automatic Renewal and Negative Option SubscriptionsThe federal and state rules on subscriptions that keep charging until you cancel - what a seller must disclose and obtain before enrolling you, the cancellation mechanism it must offer, and where the law currently stands.
Billing Error Dispute (Credit Card Chargeback)The federal procedure for disputing a charge on a credit card statement - a written process with deadlines on both sides that the card issuer must follow, not a courtesy it may offer.
Class ActionOne lawsuit brought by named plaintiffs on behalf of a larger group with the same injury.
Cooling-Off Rule (Canceling a Door-to-Door Sale)The federal right to cancel certain sales made at your home or away from the seller's regular place of business, the notice the seller must give you, and the many sales it does not reach.
Credit Freeze and Fraud AlertTwo free federal tools for stopping identity thieves from opening accounts in your name - one that locks your credit file, one that warns lenders to check who they are dealing with.
Credit Report DisputeThe federal process for forcing a credit bureau and the company that reported an item to investigate information you say is wrong.
Data Breach Notification RightsWhat a business must tell you when your personal information is exposed, which laws require it, what the notice must say, and what a person whose data was breached can actually claim.
Debt Validation Notice and Disputing a DebtThe written notice a debt collector must send when it first contacts you, what it must contain, and the dispute right it opens - during which the collector must stop until it verifies the debt.
Fair Debt Collection (Collector Conduct Rules)Federal limits on what a third-party debt collector may say and do - including a written demand that stops contact, and a 30-day right to make them verify the debt.
Gift Card and Prepaid Card RulesThe federal limits on gift card expiration and fees, the state laws that go further, and the separate protections for reloadable prepaid cards used like bank accounts.
Implied Warranty and the Magnuson-Moss ActThe promises the law reads into a sale whether or not anyone wrote them down, and the federal act that limits how a seller can take them away.
Mandatory Arbitration ClauseA term in a consumer contract that sends any dispute to a private arbitrator instead of a court, usually alone rather than as part of a class - and federal law makes most of them enforceable.
Right of Rescission (Home Loans)A federal right to cancel certain loans secured by your home during a short window after signing - and for much longer if the lender failed to give the required disclosures.
Robocalls and the TCPAThe federal law that restricts automated and prerecorded calls and texts to your phone, gives you a Do Not Call right, and lets you sue for a fixed amount per illegal call.
Time-Barred DebtA debt so old that the statute of limitations bars a lawsuit to collect it - what a collector may and may not do about it, how a payment can revive it, and why the credit-reporting clock is a different clock.
Unauthorized Debit Card and Electronic Transfers (Regulation E)The federal rules that limit a consumer's loss from an unauthorized debit card, ATM, ACH or payment-app transfer, require the bank to investigate an error, and decide who bears a loss the consumer was tricked into sending themselves.
Unfair and Deceptive Practices (UDAP)The consumer-protection laws, one federal and one in every state, that make it illegal for a business to mislead you or treat you unfairly - and the state versions are the ones a consumer can actually sue under.
Vehicle RepossessionA lender's right to take back a financed car after default without going to court - subject to rules about how it is taken, how it is sold, and what you can still be made to pay afterwards.
Wage GarnishmentA legal order requiring an employer to withhold part of someone's pay and send it to a creditor.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.

Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.