NH Law About... Identity Theft

Introduction to... Identity Theft

Updated February 24, 2017. 

New Hampshire has a law specifically titled "Identity Theft" (RSA 359-I) but identity theft or fraud may also involve violations of several federal and state civil and criminal laws. For information on federal law, see the For More Help … section below. For New Hampshire information, start with the Identify theft website of the NH Attorney General. The website provides a step-by-step guide to recovery.

RSA 359-I provides that in addition to any other remedies provided by law, a victim of identity theft may bring a civil action against the perpetrator to recover $5,000 for each incident or 3 times the actual damages, whichever is greater as well as reasonable attorney's fees and court costs. For court forms, and information on small claims and superior court processes, follow the court links below.

RSA 638 covers many fraudulent practices including Identity Fraud (RSA 638:26) which is a class A felony and requires restitution for economic losses.

Please remember that this guide is for information purposes only and is not comprehensive. It is intended as a starting point for research, to illustrate the various sources of the law, and to provide guidance in their use. NH Law About ... is not a substitute for the services of an attorney.


Read about... Identity Theft

WEBSITES

New Hampshire. Dept. of Justice. Identity Theft

Link verified on: February 24, 2017

A guide for victims of identity theft: detailing what to do and who to contact.   GO>

New Hampshire. Dept. of Justice. Credit Freeze FAQ

Link verified on: February 24, 2017

How do I place a security freeze? -- Can I open new credit accounts if my files are frozen? -- What is the difference between a fraud alert and a freeze? -- How long does it take for a security freeze to be in effect? -- How long does it take for a security freeze to be lifted? -- What will a creditor who requests my file see if it is frozen? -- Can a creditor get my credit score if my file is frozen? -- Can I order my own credit report if my file is frozen? -- Can anyone see my credit file if it is frozen? -- Do I have to freeze my file with all three credit bureaus? -- Will a freeze lower my credit score? -- Can an employer do a background check on me if I have a freeze on my credit file? -- Does freezing my file mean that I won't receive pre-approved credit offers? -- Does my spouse's file have to be frozen, too?   GO>


PRINT

Fair credit reporting / contributing authors, Chi Chi Wu ; contributing authors, Elizabeth De Armond [and six others]. Boston, MA : National Consumer Law Center, [2013]

Scope: consumer reports and consumer reporting agencies -- Obtaining and examining a report of the consumer's file -- Accuracy and reinvestigation obligations of consumer reporting agencies -- Restrictions on information in consumer reports -- Activities and duties of furnishers of information to consumer reporting agencies -- Permissible releases and uses of consumer reports -- Notices concerning consumer reports -- Identity theft: FCRA and other protections -- Claims for consumer reporting disputes: availability, private enforcement, state claims, and preemption -- Private remedies and public enforcement -- What consumers should know about consumer reporting -- Investigative consumer reports -- Credit scoring -- Credit repair legislation -- Privacy protection.   GO>

Link verified on: February 24, 2017

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Read the law about... Identity Theft

NEW HAMPSHIRE STATUTES

RSA 179:62. Manufacture, Sale, and Possession of False Identification  GO>

Link verified on: February 24, 2017

RSA 263:40-a. Drivers' Licenses. Social Security Numbers; Addresses; Applica-tion Form Options  GO>

Link verified on: February 24, 2017

RSA 275:4-b. Misuse of Social Security Numbers  GO>

Link verified on: February 24, 2017

RSA 359-B. Consumer Credit Reporting  GO>

Link verified on: February 24, 2017

RSA 359-H. Computer Spyware  GO>

Link verified on: February 24, 2017

RSA 359-I. Identity Theft  GO>

Link verified on: February 24, 2017

RSA 478:4-b, 4-c. Registry of Deeds. Records; Social Security Numbers and Financial Information  GO>

Link verified on: February 24, 2017

RSA 638. Fraud  GO>

Link verified on: February 24, 2017

Find it in a Library ... New Hampshire Revised Statutes Annotated

Link verified on: June 26, 2017

Find the New Hampshire statutes in print at libraries throughout the state.   GO>

Learn About New Hampshire Statutes: New Hampshire statutes are the laws of the State of New Hampshire as enacted by the New Hampshire General Court. GO>
 

FOR MORE HELP ...

Federal Trade Commission. Medical Identity Theft

Link verified on: February 24, 2017

A thief may use your name or health insurance numbers to see a doctor, get prescription drugs, file claims with your insurance provider, or get other care. If the thief’s health information is mixed with yours, your treatment, insurance and payment records, and credit report may be affected   GO>

Federal Trade Commission. Warning Signs of Identity Theft  GO>

Link verified on: February 24, 2017

Identitytheft.gov

Link verified on: February 24, 2017

The site provides streamlined checklists and sample letters to guide you through the recovery process.   GO>

United States. Dept. of Justice. Identity Theft

Link verified on: February 24, 2017

Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.   GO>

United States. Internal Revenue Service. Identity Protection: Prevention, Detection and Victim Assistance

Link verified on: February 24, 2017

Tax-related identity theft occurs when someone uses your Social Security number to file a tax return claiming a fraudulent refund.   GO>

United States. Social Security Administration. Identity Theft and Your Social Security Number  GO>

Link verified on: February 24, 2017


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