On June 30, 2022, Governor Hochul signed legislation[i] that: “expands which documents can be used to show identity theft in certain circumstances relating to debt collection.”[ii] “Under current law, a principal creditor shall cease collection activities until completion of the review of certain information submitted by a debtor who claims they were the victim of identity theft. The victim must have filed a police report alleging the identity theft; there is no alternative reporting permitted under the law.”[iii]
However, not all identity theft occurs between parties that do not know each other. Often identity theft “occurs as a result of a domestic violence or an elder abuse situation, where the perpetrator is known to the victim. Under circumstances where the victim is familiar with the perpetrator, the victim may not be able to or may not wish to pursue criminal charges.”[iv] “The current law compels a victim of identity theft to report such crime to law enforcement, whether they wish to or not or whether it is safe for them to do so or not, in order for collection activities against them to be suspended as further investigation is made into the legitimacy of the debt.”[v]
Recognizing the difficulties presented where the perpetrator is known to the victim, the law now expands the types of documents which can be used to show identity theft relating to debt collection in lieu of a victim reporting the identity theft to law enforcement. Under the new law, these new documents include Federal Trade Commission and law enforcement reports, as well as criminal and family court documents which support the statement of identity theft.[vi]
If you are the victim of identity theft and need assistance with the types of documents needed to report the theft of your identity, please contact Peter Cedeno at peter.cedeno@cedenolawgroup.blog
[i] https://www.nysenate.gov/legislation/bills/2021/S9359
[ii] https://www.governor.ny.gov/news/governor-hochul-signs-legislative-package-empower-victims-crime