{"id":352679,"date":"2016-04-04T10:42:08","date_gmt":"2016-04-04T15:42:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/consumer\/online-scams\/the-identity-theft-enforcement-and-restitution-act.html"},"modified":"2024-04-24T14:28:32","modified_gmt":"2024-04-24T19:28:32","slug":"the-identity-theft-enforcement-and-restitution-act","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/consumer\/online-scams\/the-identity-theft-enforcement-and-restitution-act.html","title":{"rendered":"The Identity Theft Enforcement and Restitution Act"},"content":{"rendered":"\n
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The Identity Theft Enforcement and Restitution Act<\/h1>\n
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\n By Hannah Hilst<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If you’ve suffered identity theft, recovery is likely your priority. Your credit card company, bank, and other companies have processes to help you recover. Knowing your legal remedies can also be helpful.<\/p>\r\n

The Identity Theft Enforcement and Restitution Act is a federal law that strengthens the government’s efforts to prosecute identity theft. This law also changed the restitution available to victims.<\/p>\r\n

Learn how this Act may affect your identity theft recovery<\/a> process below.<\/p>\r\n

Federal Identity Theft Crimes Were Limited<\/h2>\r\n

Identity theft was not a federal crime until Congress passed the Identity Theft Assumption Deterrence Act<\/a> (ITADA) in 1998. When the law criminalized identity theft, it also set penalties of fines and prison time.<\/p>\r\n

But this law only allowed federal prosecutors to charge thieves in some circumstances. The offense had to involve interstate or foreign communications. A computer fraud victim must have suffered at least $5,000 in damages, such as stolen bank account funds.<\/p>\r\n

Under the original ITADA, many identity theft cases still didn’t count as federal crimes. While state laws could also criminalize identity theft, they were difficult to enforce without federal resources. Victims of identity theft had less recourse to help them reverse the damage.<\/p>\r\n

What Does the ID Theft Enforcement and Restitution Act Do?<\/h2>\r\n

The Identity Theft Enforcement and Restitution Act<\/a> (ITERA) amended the law to hold identity thieves accountable more easily. Congress passed the Act in 2008 to remove some barriers of ITADA to better protect consumers. More types of identity theft now qualify as a federal crime.<\/p>\r\n

ITERA Expanded Identity Theft Prosecution<\/h3>\r\n

The Act promoted more identity theft prosecution by:<\/p>\r\n