Michigan Identity Theft Laws

All it takes is your Social Security Number and birthdate for a thief to open a credit card account in your name. When someone uses the identity of another it is called "identity theft." Criminals may get individual’s personal and financial information by digging through the garbage and finding sensitive documents or by more high-tech methods. Identity theft is a serous crime and it is charged as a felony in Michigan.

Learn more about Michigan identity theft laws in the chart below. See FindLaw's Identity Theft section and the links following this article for additional information and resources.

Code Section The Michigan Identity Theft Protection Act can be founded in Michigan Compiled Laws sections 445.61 through 445.79c.
Classification of Crime Identity theft is charged as a felony in Michigan.
Prohibited Activity

Individuals are prohibited from committing an unlawful act or obtaining goods, credit, services, money, property, employment, and confidential records by doing the following:

  • Using or attempting to use the personal identifying information of another person with the intent to defraud; or
  • Concealing, withholding, or misrepresenting his or her identity.

Section 445.67 lists additional banned behavior. 

Penalties

A defendant’s sentence depends on the circumstances of the case, but penalties for identity theft include the following:

  • First offense: Up to five years in prison and a $25,000 fine, or both;
  • Second offense: Up to ten years in prison and a $50,000 fine, or both; and
  • Third and subsequent offenses: Up to fifteen years in prison and a $75,000 fine, or both.

Who May Prosecute

The state Attorney General may prosecute identity theft cases.

Exemptions to Identity Theft Laws

Defenses to Civil Lawsuits or Criminal Prosecution

Criminal statute does not apply to those who lawfully obtain credit information for a bona fide commercial transaction or who exercise rights of a creditor in good faith.

Defenses to civil lawsuits or criminal prosecutions include the following:

  • The defendant acted with consent of the person whose information was used;
  • The defendant’s actions were authorized or required by law or court order; and
  • The defendant gave a gift to the person whose information was used.

If you believe you have been the victim of identity theft, you should contact your local law enforcement agency. Additional questions about identity left may be answered by  a Michigan internet attorney

Research the Law

Michigan Identity Theft Laws: Related Resources

Next Steps: Search for a Local Attorney

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