Identity Theft in South Dakota
The repercussions of identity theft can range from embarrassment to serious legal and financial injury. Assess your risk, safeguard your identity, and hire an attorney in South Dakota if your identity gets stolen.
The Division of Consumer Protection states that almost 5% of Americans have become victims of identity theft. This fraudulent activity can happen to anyone, anywhere, anytime. If you’ve discovered that someone stole personal information, it’s critical to act fast. Even minor cases can take months or years to resolve in South Dakota.
What Is Identity Theft?
Identity theft is one of the most common crimes in the modern world. Criminals are constantly finding new ways to steal your information. These crimes involve the fraudulent use of components of your identity, such as SSNs, driver’s licenses, or credit cards.
Even before you become aware of any theft, thieves may have already used your identity to open new financial accounts without your knowledge. Other criminal actions include faking tax returns, fraudulent purchases, and receiving or stealing medical care under your insurance. While dealing with customer service departments for a solution, a qualified South Dakota attorney can fast-track the process. In some circumstances, taking the step of seeking legal help is necessary to get the attention of companies and recover your losses.
How Does Identity Theft Happen in South Dakota?
Identity theft can happen in many ways. Hackers are constantly advancing their data-stealing techniques. However, there are some long-standing causes of identity theft that every consumer should be aware of:
- Data Breaches – Companies often store personal financial information for subscriptions, auto-pay, or express checkout. Hackers can break into these companies’ servers and extract the personal information of thousands of people at a time.
- ATM or Card Skimmers – Hackers can place devices called skimmers that read your card’s information when you use it. The most common places for skimmers to are in ATM devices or at gas pumps. Some have even found their way into convenience stores and pharmacies.
- Digital Malware and Viruses – Hackers can access your information through phishing, fake websites, and file-sharing networks. You should always be vigilant when receiving emails from questionable accounts or when browsing online. Often, hackers will disguise their phishing attempts as recognizable brands or platforms.
- Physical Theft – Thieves can access your personal information by stealing your mail, purse, or wallet.
- Change Of Address – Another creative way hackers can steal your information is by changing your address with different services you use. Once the mail reroutes to the new address, they can access the information that would normally be sent to your real address.
- Public WiFi – While public WiFi networks are convenient, they rarely encrypt the connection. Most competent hackers can break into public networks and remotely access devices connected to them. Only use public WiFi networks if absolutely necessary, and always with a VPN.
What Are Some Identity Theft Laws?
Codified Laws in South Dakota classify stealing another person’s identity as a Class 6 felony offense. Under current law, the maximum sentence is two years in prison and a $4,000 fine. The current definitions of criminal behavior that rises to this level of criminality include:
- Possessing, transferring, using, or attempting to obtain information not authorized by law
- Trying to access the financial resources of another person
How Can I Detect Identity Theft?
Sometimes it can be difficult to tell if your identity has become compromised. However, if you are vigilant with your passwords and online presence, you can become aware of several signs that point to identity theft. Be on the lookout for the following:
- Any questionable activity you don’t recognize regarding your existing accounts
- Deposits, purchases, credit alerts, etc.
- No longer receiving mail at your primary address
- Calls or letters from debt collectors about debts you never personally incurred
- Unfamiliar charges on your accounts or new accounts you never opened
- Bills for services you never received, such as medical care
- Letter from the IRS regarding duplicate tax returns in your name
- News from a company you have done business about a data breach
- A sudden and unexplained drop or increase in your credit score
How Do I Recover From Identity Fraud in South Dakota?
The first thing you can do is immediately contact your financial institutions and suspend any compromised cards. Some companies also allow you to block any further usage directly from their app.
The next step would be to contact the institutions where you have discrepancies. If you see suspicious transactions, reach out to the places or services where they occurred. Additionally, close any accounts or cancel any subscriptions that may have become compromised.
The Office of South Dakota Attorney General has advice and resources to offer citizens concerned about identity theft. According to its website, a victim can spend around 175 hours repairing the damage. Generally, you will want to start the process by submitting a report to the FTC as soon as possible. It’s also advisable to contact the nearest sheriff’s office with as much information as you have to give.
You should also consider a credit monitoring account if you don’t already have one. These services provide oversight on your credit accounts and alert you when there is suspicious activity. You can either temporarily freeze the account or close it out entirely. An experienced South Dakota attorney can also help you right some of the wrongs you encounter along the way.
Identity Theft Protections
Always take proactive steps to protect yourself from identity theft. To many, some of these steps may seem like common sense. However, it’s surprising how often people disclose personal information without a second thought. We recommend you take the following precautions to avoid someone stealing your identity:
- Do not respond to any unsolicited requests asking for personal information.
- Do not click any suspicious links in unsolicited emails.
- Enable all security and two-step verification protocols on your electronic devices.
- Use complex passwords and change them frequently.
- Install any firewall and malware detection software on your electronic devices.
- Properly shred or tear up any documents with personal or financial information before discarding them in the trash.
Work with an Experienced Local Lawyer in South Dakota
Are you facing financial or legal complications related to an identity theft issue in South Dakota? If that’s the case, we can help connect you with the right attorney to help you resolve these problems, before they spiral out of control. We can even help you connect with an attorney across South Dakota state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
We offer coverage on other areas of South Dakota law if your search has led to more questions.