States

State of South Dakota

The following state government agencies can provide information about any state-specific
identity theft situation and/or help you with any state-specific fraud.

Agency

Reasons to Contact

Contact Information

South Dakota Consumer Protection / Office of Attorney General

State credit/security freeze information

consumer.sd.gov/fastfacts/identitytheft.aspx

Phone: (605) 773-4400

SD Secretary of State

Contact for issues regarding voting, businesses, and notary.

Website: sdsos.gov/

SD  Department of Revenue

Issues Driver’s Licenses and vehicle registrations as well as tax issues

Website:  dor.sd.gov/

Contacts: dor.sd.gov/Contact_Us/

SD Department of Human Services

Agency for welfare, foster care, disability, and social services.

Website: dhs.sd.gov/

South Dakota consumers who would like a free ”Privacy Rights” handbook on how to take these steps and other safeguards in protecting
your financial privacy  to contact the Division of Consumer Protection at 1-800-300-1986 or by email at This email address is being protected from spambots. You need JavaScript enabled to view it..
 

Identity Theft Laws

While the ITRC does not give legal advice, we have provided a list of known identity theft laws that may help you.
We suggest that you share this information with an attorney or legal representative if you are going to pursue criminal or civil charges.

Law

What it Addresses

§22-40.8

§22-40-9

§22-40-1

§22-40-10

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.

§22-30A-8.1

Law regarding illegal obtaining and use of payment card information.

§22-40-11 through 14

It is illegal to use a scanning device to collection information from payment cards for the purposes of fraud.

§1-27-44

§32-12-17.13

Defines illegal transmission or posting of Social Security numbers.

§54-15-1 through 54-15-16

How consumers can apply for a credit freeze and how it affects their credit reports.

 

State of North Dakota

The following state government agencies can provide information about any state-specific
identity theft situation and/or help you with any state-specific fraud.

Agency

Reasons to Contact

Contact Information

North Dakota Attorney General

State credit/security freeze information

attorneygeneral.nd.gov/consumer-resources/identity-theft/credit-security-freeze

Phone: (701) 328-2210

ND Secretary of State

Contact for issues regarding voting and laws 

Website: sos.nd.gov/

ND Tax Commissioner

Contact for issues regarding taxes

Website: www.nd.gov/tax/user/individuals/overview/id-theftfraud

Declaration of Identity Theft: www.nd.gov/tax/data/upfiles/media/Identity%20Theft%
20Declaration.pdf

ND Department of Transportation

Issues Driver’s Licenses and vehicle registrations

Website:  www.dot.nd.gov/

Contacts: www.dot.nd.gov/public/contacts.htm
 

ND Department of Human Services

Agency for welfare, foster care, disability, and social services.

Website: www.nd.gov/dhs/

 

Identity Theft Laws

While the ITRC does not give legal advice, we have provided a list of known identity theft laws that may help you.
We suggest that you share this information with an attorney or legal representative if you are going to pursue criminal or civil charges.

Law

What it Addresses

§12.1-23-11

§12.1-23-12

Laws outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.

§51-27-10

Law defining and criminalizing phishing.

51-30

Law regarding security breaches putting consumers at risk of identity theft.

§51-31-04

Law regarding criminal identity theft and the removal of fraudulent charges.

§51-33

§51-31

Laws regarding application and terms of a credit freeze and fraud alerts.

§51-31

Law enforcement officers are required to take any report of identity theft and provide a copy of the report to the complainant at no charge.

 

State of New Mexico

The following state government agencies can provide information about any state-specific
identity theft situation and/or help you with any state-specific fraud.

Agency

Reasons to Contact

Contact Information

New Mexico Attorney General

State credit/security freeze information

www.nmag.gov/identity-theft.aspx

Toll-free phone: (844) 255-9210

NM Secretary of State

Contact for issues regarding voting and business services. 

Website: www.sos.state.nm.us/

NM Motor Vehicle Division

Issues Driver’s Licenses and vehicle registrations

Website: www.mvd.newmexico.gov/

NM Department of Human Services

Agency for welfare, foster care, disability, and social services.

Website: www.hsd.state.nm.us/

 

Specialty Resources

Resource

Reasons to Contact

Contact Information

Identity Theft Passport

A statewide database accessible by law enforcement and the Motor Vehicle Department to identify identity theft victims

Website: www.nmag.gov/identity-theft.aspx

 

Identity Theft Laws

While the ITRC does not give legal advice, we have provided a list of known identity theft laws that may help you.
We suggest that you share this information with an attorney or legal representative if you are going to pursue criminal or civil charges.

Law

What it Addresses

§30-16-24.1

Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution. Covers laws prohibiting phishing.

§30-16-10

Falsifying and counterfeiting government documents and identification.

§30-16-33

§30-16-30

Laws regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.

§ 57-12B-1 though 4

Proper and improper transmission of Social Security numbers.

§56-3A1 though 6

Laws regarding application and terms of a credit freeze.

 

State of Wyoming

The following state government agencies can provide information about any state-specific
identity theft situation and/or help you with any state-specific fraud.

Agency

Reasons to Contact

Contact Information

Wyoming Attorney General

State credit/security freeze information

www.dwt.com/files/Uploads/Documents/Publications/
Wyoming%20Security%20Freeze.pdf

Phone:  (307) 777-7841

WY Secretary of State

Contact for issues regarding businesses, elections and investing

Website: soswy.state.wy.us/

WY Department of Revenue

Contact for issues regarding businesses and state tax issues

Website: revenue.wyo.gov/ 

WY Department of Transportation

Issues Driver’s Licenses and vehicle registrations.

Website:  www.dot.state.wy.us/home.html

WY Department of Social Services

Agency for social services, child support, homeless assistance, family and medical aid.

Website: dfsweb.wyo.gov/social-services

  

Identity Theft Laws

While the ITRC does not give legal advice, we have provided a list of known identity theft laws that may help you.
We suggest that you share this information with an attorney or legal representative if you are going to pursue criminal or civil charges.

Law

What it Addresses

§6-3-901

Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.

§6-3-901

40-12-509

Victims of criminal identity theft may petition a court for a factual declaration of innocence. AG’s office may create and maintain a database of criminal identity theft victims.

40-12-501

Law regarding freezing credit reports.

40-12-501

Law regarding security breaches.

§6-3-802

§6-3-803

Unlawful obtaining, forging payment cards. Use of scanning device to obtain PII from payment cards.

 

State of Montana

The following state government agencies can provide information about any state-specific
identity theft situation and/or help you with any state-specific fraud.

Agency

Reasons to Contact

Contact Information

Montana Attorney General

State credit/security freeze information

dojmt.gov/consumer/identity-theft/

Phone:  (406) 444-2026

Tax fraud information: dojmt.gov/avoid-becoming-victim-tax-related-id-theft-file-tax-return-early/

MT Secretary of State

Contact for situation of voter fraud and issues regarding businesses. 

Website: sos.mt.gov/business/IdentityTheft/index.asp

MT Department of Justice – Motor Vehicle Division

Issues Driver’s Licenses and vehicle registrations.

Website: www.doj.mt.gov/driving/

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

MT Department of Health and Human Services

Agency for welfare, foster care, disability, and social services.

Website: dphhs.mt.gov/cfsd

Phone: (406) 841-2400

 

Specialty Resources

Resource

Reasons to Contact

Contact Information

Identity Theft Passport Program

Identification for victims of criminal identity theft to carry with them to identify themselves as victims to law enforcement.


Phone: (406) 444-4500 or (800) 481-6896

Application: media.dojmt.gov/wp-content/uploads/X-200-Identity-Theft-Passport-Application.pdf

 

Identity Theft Laws

While the ITRC does not give legal advice, we have provided a list of known identity theft laws that may help you.
We suggest that you share this information with an attorney or legal representative if you are going to pursue criminal or civil charges.

Law

What it Addresses

§45-6-332

Law outlining identity theft and personal identifying information (PII), the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.

§45-6-317

Law regarding the improper use of payment cards and the penalties for using and selling card information. Use of skimming and scanning devices to obtain information on financial cards.

§30-14-1703

§30-14-1704

Proper disposal of records and documents and security breaches

§30-14-1726 through 1736

Laws regarding application and terms of a credit freeze.

 

State of Texas

The following state government agencies can provide information about any state-specific
identity theft situation and/or help you with any state-specific fraud.

Agency

Reasons to Contact

Contact Information

Texas Attorney General

State credit/security freeze information

Website: www.oag.state.tx.us/

Fight Identity Theft Website: www.texasattorneygeneral.gov/identitytheft

TX Secretary of State

Contact for issues regarding state taxes, gun permits, and employment. 

Website: http://www.sos.state.tx.us/

TX Department of Public Safety

Issues Driver’s Licenses and vehicle registrations

Website: www.txdps.state.tx.us 

Identity Theft Information Guide: www.dps.texas.gov/DriverLicense/idtheft/idtheft2.htm

TX Department of Family and Protective Services

Agency for welfare, foster care, disability, and social services.

Website: www.dfps.state.tx.us/

 

Identity Theft Laws

While the ITRC does not give legal advice, we have provided a list of known identity theft laws that may help you.
We suggest that you share this information with an attorney or legal representative if you are going to pursue criminal or civil charges.

Law

What it Addresses

Penal Code §32.51

Business & Commerce Code §48.101

Code of Criminal Procedure: §13.29

Code of Criminal Procedure: §12.01

Laws outlining identity theft and personal identifying information (PII).  Identifies the jurisdiction identity theft can be prosecuted in and the penalties after prosecution.

Penal Code: §32.31

Penal Code: §32.32

Business & Commerce: §35.64

Laws regarding illegal obtaining and use of payment card information.

Code of Criminal Procedure: §2.29

Law enforcement is required to take a report of identity theft for any consumer.

Business & Commerce: §35.60

Use of a scanning device to obtain financial information for fraudulent purposes.

Business & Commerce: §48.001 through 005

§48.001 to 48.102

Definition of phishing for the purposes of identity theft. Use of spyware software to obtain PII.

Business & Commerce Code: §35.585

Finance Code: §392.303

A victim cannot be discriminated against obtaining a credit card solely on the fact that they are a victim of identity theft. Creditors cannot continue to peruse a victim of identity theft for payment after being notified and receiving a police report.

Business & Commerce: 35.58

Business & Commerce: §35.581

Limits the transmission and posting of Social Security numbers.

Business & Commerce: §48.102

Business & Commerce: §48.103

Proper and improper disposal of records and PII. Security Breach Laws.

Business & Commerce Code: §35.595

What banks are and are not required to do and who they are required to notify in the case of check fraud and identity theft.

Business & Commerce Code: §20.034-039

Business & Commerce Code: §20.031-033

Laws regarding security freezes for credit reports.
Consumers can place a security alerts on their credit reports.

Business & Commerce Code: §48.202

Code of Criminal Procedure: §2.28

Court order to be declared a victim of identity theft due to fraudulent criminal charges. Law enforcement is required to notify a victim of criminal identity theft if that person’s information is given. They are also required to inform the Texas Department of Criminal Justice if a thief is using a known victim’s identity.

 

State of Hawaii

The following state government agencies can provide information about any state-specific
identity theft situation and/or help you with any state-specific fraud.

Agency

Reasons to Contact

Contact Information

Hawaii Attorney General

State credit/security freeze information

cca.hawaii.gov/ocp/files/2017/09/SecurityFreeze
HawaiiInformation.pdf

Phone: (808) 586-1500

HI Department of Customer Services

Contact for situations regarding Driver’s Licenses and vehicle registration.

Website: www.honolulu.gov/csd/vehicle.html 

HI Department of Public Safety

Clear up a false jail or prison sentence due to criminal identity theft.

Website: dps.hawaii.gov/ 

Phone: (808) 587-1288

HI Department of Commerce and Consumer Affairs

To check the authenticity of a business, check on the status of professional licenses, cable utilities, and request for public records.

Contact: cca.hawaii.gov/contact/

 

Identity Theft Laws

While the ITRC does not give legal advice, we have provided a list of known identity theft laws that may help you.
We suggest that you share this information with an attorney or legal representative if you are going to pursue criminal or civil charges.

Law

What it Addresses

§708-839.6-8

 

Outlines what is identity theft and the various degrees of the crime.

§708-839.55

Defines personal identifying information (PII) and the penalties of possessing or using PII illegally.

§710-1016.3

§710-1016.4

Obtaining and/or falsifying government issued identification.

§708-8101

Falsifying insurance information.

§708-8102

§708-8100

Outlines credit card theft and illegal use of credit cards.

§487R

§487N

Proper disposal of physical and electronic records, punishments for not following proper procedure.

Security breach notification laws.

§487J

Outlines the proper use of Social Security numbers by government agencies and businesses.

§489P-3

Law outlining applying for a security freeze on a consumer’s credit report and the possible fees.

 

 

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