A University of Alabama Law School Clinical Program funded in part by West Alabama Regional Commission

B. Federal and State law.

The federal Identity Theft and Assumption Deterrence Act was passed in 1998. It provides for severe penalties but the numbers are so overwhelming that investigations and prosecutions are rare unless the loss is very large. Thirty-nine states now have identity theft laws, the most recent and perhaps the most comprehensive being the one passed in 2001 in the state of Washington. The Alabama legislature passed the Alabama Consumer Identity Protection Act in April, 2001. It defines different classes of the crime and provides for criminal prosecution and penalties. It also includes some civil remedies for victims.

Unfortunately, the Alabama procedure for restoring a victim’s good name is available only after the thief is convicted. Since many state law enforcement agencies are already overworked and the nature of the crime makes investigation difficult, it is likely the state law, like the federal statute, will be directly helpful to only a few consumers. Although the Act is another good weapon in the law enforcement arsenal, restoring a victim’s good name, like avoiding victimization, will continue to depend on individual actions.

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