Identity Theft and Assumption Deterrence Act of 1998

Citation: Identity Theft and Assumption Deterrence Act, Pub. L. No. 105-318, 112 Stat. 3007 (Oct. 30, 1998).

The Identity Theft and Assumption Deterrence Act creates the federal crime of identity theft and charges the Federal Trade Commission (FTC) with taking complaints from identity theft victims, sharing these complaints with federal, state, and local law enforcement, and providing the victims with information to help them restore their good name.

The Act provides an expansive definition of identity theft. It includes the misuse of any identifying information, which could include name, SSN, account number, password, or other information linked to an individual, to commit a violation of federal or state law. The definition thus covers misuse of existing accounts as well as creation of new accounts.

The Act sets penalties for persons who knowingly, and with the intent to commit unlawful activities, possess, transfer, or use one or more means of identification not legally issued for use to that person.