Close Sign Up Share Page Print Take Poll Provide Feedback
Close

Sign Up

Share Page

Print

Illinois

Illinois State Victim Resources:

Attorney General’s ID Theft Hotline:
866-999-5630 /TTY: 877-844-5461

Agencies that offer assistance to IDT victims:

Free Online Resources for Identity Theft Victims:
Illinois Legal Aid Online’s Materials for IDT Victims
312-977-9047

Security Freeze Law:

State law allows all consumers to place security freezes on their consumer credit reports to prevent identity thieves from opening new accounts in their names. Such a freeze enables the consumer to prevent anyone from looking at his/her credit file for the purpose of granting credit unless the consumer chooses to allow a particular business look at the information. To request a freeze, a consumer must request one in writing to the credit reporting agencies.

The credit reporting agency may charge up to $10 to place, remove, or temporarily lift a security freeze. Senior citizens 65 years or older will not be charged to place or permanently lift the security freeze, but may be charged up to $10 for each temporary lifting of a security freeze. Victims of identity theft will not be charged any fees in connection with the placing, removing, or temporary lifting of a security freeze. The reporting agency must place the freeze within five business days after receiving the request, and within ten days of placing the freeze must send a written confirmation of the freeze and provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his credit for a specific party or period of time. Requests for a temporary unlocking of the freeze must be completed within three business days.
Statute: §815 ILCS 505/2MM.

“Placing a Security Freeze on Your Credit Report (includes sample letters)”: http://www.illinoisattorneygeneral.gov/consumers/security_freeze.pdf

Mandatory Police Report Law for Identity Theft Victims:

Law enforcement agencies are required to accept and provide police reports to identity theft victims. After being contacted by a victim of identity theft, law enforcement agencies must take a police report of the matter, provide the victim with a copy of the report, and begin an investigation of the facts. If the suspected crime was committed in a different jurisdiction, the agency may refer the matter to the agency where the suspected crime was committed for an investigation of the facts.
Statute: §720 ILCS 5/16G-30: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

Identity Theft Passport Law:

No State law at this time.

Identity Theft Laws:

A person commits the offense of identity theft when he or she knowingly uses any personal identifying information or personal identification document of another person to fraudulently obtain credit, money, goods, services, or other property. Penalties for identity theft depend on the value of the theft.

If the value of the credit, money, goods, services, or other property is less than $300, the crime is a Class 4 felony, punishable by one to three years in prison and a fine up to $25,000. Subsequent offenses are upgraded to a Class 3 felony, punishable by two to five years in prison, as is the penalty for people who have previously been convicted of certain crimes, including burglary, theft, or fraud. If the amount is between $300 and $2000, it is a Class 3 felony; between $2000 and $10,000 is a Class 2 felony (punishable by two to seven years in prison); between $10,000 and $100,000 is a Class 1 felony (punishable by four to fifteen years in prison); and over $100,000 is a Class X felony (punishable by six to thirty years in prison). Penalties are increased one step (with the exception of a Class X felony) if the victim of the offense is an active duty member of the Armed Services or Reserve Forces of the United States or of the Illinois National Guard serving in a foreign country.

It is also identity theft if a person:

  • Uses any personal identification information or document of another with intent to commit any felony theft or other felony violation of state law;
  • Obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or document of another with intent to commit or to aid or abet another in committing any felony theft or other felony violation of state law;
  • Uses, obtains, records, possesses, sells, transfers, purchases, or manufactures any personal identification information or document of another knowing that it was stolen or produced without lawful authority;
  • Uses, transfers, or possesses document-making implements to produce false identification or false documents with knowledge that they will be used by the person or another to commit any felony theft or other felony violation of state law;
  • Uses any personal identification information or document to portray himself as that person to gain access to information or documents of that person, without consent; or
  • Uses personal identifying information or document of another in order to gain access to the record of the actions taken, communications made or received, or other activities or transactions of that person, without consent.

“Personal identifying information” means any of the following information: a person’s name; address; date of birth; telephone number; driver’s license or state identification card number; Social Security number; employer or employment number; maiden name of a person’s mother; number assigned to a person’s depository account, savings account, or brokerage account; number assigned to a person’s credit or debit card; personal identification numbers (PIN); electronic identification numbers; digital signals; user names, passwords, or other words or characters used to access information relating to an individual, or to actions taken, communications received or made, or other activities; any other numbers or information that could be used to access a person’s financial resources, to identify a specific individual.

“Personal identifying document” means a birth certificate, driver’s license, state identification card, employment identification card, Social Security card, firearm owner’s identification card, credit or debit card, or a passport. It also includes any document made or issued, or falsely purported to have been made or issued, by the federal, state, or any local government body that is intended for the purpose of identification of an individual. Violations are a Class 3 felony, with a repeat or subsequent offense upgraded to a Class 2 felony. It is also a Class 2 felony if the offense includes the identifiers of or other information relating to three or more separate individuals.

In addition, if the person used any personal identification information or document of another person to purchase methamphetamine manufacturing material, it will be a Class 2 felony, and a Class 1 felony for a second or subsequent offense.
Statute: §720 ILCS 5/16G-15: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

Aggravated identity theft occurs when a person commits the offense of identity theft against a person 60 years or older; against a disabled person; or in furtherance of the activities of an organized gang. Violations are a Class 3 felony if the identity theft of credit, money, goods, services or other property is under $300; a Class 2 felony if between $300 and $10,000; a Class 1 felony if between $10,000 and $100,000; and a Class X felony if it exceeds $100,000. Subsequent convictions for aggravated identity theft regardless of the value of the property involved is a Class X felony.
Statute: §720 ILCS 5/16G-20: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

A person commits the offense of facilitating identity theft when he or she, in the course of his or her employment or official duties, has access to the personal information of another person in the possession of the State of Illinois, whether written, recorded, or on computer disk and knowingly, with the intent of committing identity theft, aggravated identity theft, or any violation of the Illinois Financial Crime Law, disposes of that written, recorded, or computerized information in any receptacle, trash can, or other container that the public could gain access to, without shredding that information, destroying the recording, or wiping the computer disk so that the information is either unintelligible or destroyed. Violations are a Class A misdemeanor, punishable by up to one year in prison, for a first offense and a Class 4 felony for a second or subsequent offense.
Statute: § 720 ILCS 5/16G-13: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

Jurisdiction:

State law allows for an identity theft prosecution to occur in either the county where the theft occurred, the county where the information was illegally used, or where the victim resides.
Statute: 720 ILCS 5/16G-35: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

Other Related Laws:

Civil Suits:

A person who is convicted of facilitating identity theft, identity theft, or aggravated identity theft is liable in a civil action to the person who suffered damages as a result of the violation. The person suffering damages may recover court costs, attorney’s fees, lost wages and actual damages.
Statute: §720 ILCS 5/16G-20: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

Criminal Identity Theft:

State law allows a person who reasonably believes he is the victim of identity theft to petition a court for a factual declaration of innocence. It seeks to assist victims of criminal identity theft, in which the perpetrator of the theft was arrested for, cited for, or convicted of a crime under the victim’s identity; where a criminal complaint has been filed against the perpetrator in the victim’s name; or where the victim’s identity has been mistakenly associated with a record of criminal conviction. After a court has issued a declaration of factual innocence, the court may order the name and associated personal identifying information contained in court records, files and indexes accessible by the public be deleted, sealed, or labeled to show that the data is impersonated and does not reflect the defendant’s identity.
Statute: §720 ILCS 5/16G-30: http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072000050HArt%2E+16%2C+Subdiv%2E+15&ActID=1876&ChapterID=53&SeqStart=39600000&SeqEnd=40500000

Prohibition Against Debt Collectors:

State law requires debt collectors to cease collection activities of a debt when an alleged debtor provides a police report of identity theft and other proof of his status as an identity theft victim. The debt collector must review and consider the information provided by the alleged victim and may only recommence debt collection activities only after making a good faith determination that the information does not establish that the information does not establish that the debtor is not responsible for the specific debt in question. The debtor must be notified of this determination. Debt collectors who cease collection activities are required to notify the creditors and consumer credit reporting agencies to which the collector previously provided adverse information.
Statute: § 225 ILCS 425/1: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1355&ChapterID=24

Security Breaches:

State law requires all data collectors operating in the state that own or license personal information concerning an Illinois resident to notify the resident when there has been a breach of the security of the system, putting them at risk of identity theft. A “data collector” may include, but is not limited to, government agencies, public and private universities, privately and publicly held corporations, financial institutions, retail operators, and any other entity that for any purpose handles, collects, disseminates, or otherwise deals with nonpublic personal information. A security breach occurs upon “unauthorized acquisition of computerized data that compromises the security, confidentiality or integrity” of personal information.

Personal information means an individual’s first name or first initial and last name, in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted or redacted: Social Security number; driver’s license or state identification card number; account number, or credit or debit card number, in combination with any required security code, access code, or password that would permit access to the individual’s financial account; or medical information. Publicly available information is not included.

The disclosure notification must be made in the most expedient time possible and without unreasonable delay, consistent with the needs of law enforcement and any measures necessary to determine the scope of the breach and restore the reasonable integrity, security, and confidentiality of the data system. Notification can be provided to the affected persons by mail or e-mail. If the cost of providing regular notice would exceed $250,000, the amount of people to be notified exceeds 500,000, or the data collector does not have sufficient contact information, substitute notice may be provided. When substitute notice is used, it must consist of all of the following, as applicable: e-mail notice, conspicuous posting on the data collector’s web site, and notification to major statewide media.
Statute: §815 ILCS 530: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2702&ChapterID=67

“Security Breach Notification Fact Sheet”: http://www.ag.state.il.us/consumers/breach_notification.pdf

Identification Cards:

It is a Class 4 felony for any person to knowingly possess, display, or cause to be displayed any fraudulent or unlawfully altered identification card. The penalty increases to a Class 3 felony and a Class 2 felony for subsequent offense if the person does so to:

  • Obtain any account, credit, credit or debit card from a bank, financial institution, or retailer;
  • With the intent to commit a theft, deception, or credit or debit card fraud; or
  • With the intent to commit any other violation of any law for which a sentence of one year imprisonment is imposed;
  • Do so with the unauthorized possession of any document, instrument or device capable of defrauding another; or
  • Do so with the intent to use the identification card to acquire any other identification document.
  • State law also prohibits knowingly possessing without authority any identification card making implement; the duplication, manufacture, sale, or transfer of any fraudulent identification card; or promote the selling, giving, or furnishing of a fraudulent identification card.

Statute: §15 ILCS 335/14B:
http://www.ilga.gov/legislation/ilcs/documents/001503350K14B.htm
http://www.ilga.gov/legislation/ilcs/documents/001503350K14D.htm

Payment Cards:

It is a Class 4 felony to make or cause to be made, either directly or indirectly, any false statement in writing, knowing it to be false and with intent that it be relied on, respecting his identity, address, or employment for the purpose of procuring the issuance of a credit or debit card.
Statute: §720 ILCS 250/3.

A person who receives a credit card or debit card from the person, possession, custody or control of another without the cardholder’s consent; or who with knowledge that it has been so acquired, receives the credit or debit card with intent to use, sell, or transfer it to another person other than the issuer or cardholder is guilty of a Class 4 felony. A person with two or more such credit or debit cards each issued to different cardholders other than himself is presumed to have committed this offense. If a person, in any 12-month period, commits this offense with respect to three or more credit or debit cards issued to different cardholders is guilty of a Class 3 felony.
Statute: §720 ILCS 250/4.

It is a Class 4 felony for a person to receive a credit or debit card that he knows to have been lost or mislaid and who retains possession with intent to use, sell, or transfer it to a person other than the issuer or cardholder. The penalty increases to a Class 3 felony if, in a single transaction, a person violates this law with three or more credit or debit cards issued to cardholders other than himself.
Statute: §720 ILCS 250/5.

It is a Class 4 felony for a person other the issuer to sell a credit or debit card, without the consent of the issuer; or for a person to purchase a credit or debit card from a person other than the issuer, without consent. It is a Class 3 felony if, in a single transaction, a person violates this law with three or more credit or debit cards issued to cardholders other than himself.
Statute: §720 ILCS 250/6.

It is unlawful for a person, who with intent to defraud either the issuer, a person providing money, goods, property, services, or anything else of value, or any person, uses for the purpose of obtaining money, goods, property, services, or anything else of value, a credit or debit card obtained or retained fraudulently or without the cardholder’s consent, or a card that he knows is counterfeited, forged, expired, or revoked. It is a Class 4 felony if the value of all money, goods, property, services, or other things of value obtained or sought does not exceed $300 in a six month period, and a Class 3 felony if it exceeds that amount.
Statute: §720 ILCS 250/8.

A person who receives money, goods, property, services or anything else of value obtained fraudulently, knowing that it was so obtained, is guilty of a Class A misdemeanor if the value does not exceed $150 in any six-month period, and a Class 4 felony if it exceeds that amount.
Statute: §720 ILCS 250/13.

It is a Class A misdemeanor for any person, other than the cardholder or a person authorized by him, who with intent to defraud, signs a credit or debit card.
Statute: §720 ILCS 250/14.

A person who is not party to a transaction that involves the use of a financial transaction device, such as a credit or debit card, may not secretly or surreptitiously photograph or otherwise capture or record, either electronically or by any other means, or distribute, disseminate, or transmit personal identifying information from the transaction without the consent of the person whose information is photographed or otherwise captured, recorded, distributed, disseminated, or transmitted. Violations are a Class A misdemeanor.
Statute: §720 ILCS 5/16G-14.

Phishing:

State law prohibits phishing, the act of posing as a legitimate company or government agency in an email, Web page, or other Internet communication in order to trick a recipient into revealing his or her personal information. It will be unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing himself, herself, or itself to be a business without the authority or approval of the business. A person who is engaged in the business or providing Internet access service to the public, owns a Web page, or owns a trademark and is adversely affect by a phishing violation will be allowed to bring an action against a the violator to recover the greater of actual damages or $500,000. Individual victims may bring an action to seek greater of three times the amount of actual damages or $5,000 per violation.
Statute: §740 ILCS / 7: http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2921&ChapterID=57

Biometric Information:

State law provides for guidelines for the collection and storage of biometric data and the rights of those whose data is collected. Under state law, public agencies and private entities must inform a person in writing and to receive that person’s consent before collecting biometric information.

“Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face geometry. Biometric identifiers do not include writing samples, written signatures, photographs, human biological samples used for valid scientific testing or screening, demographic data, tattoo descriptions, or physical descriptions such as height, weight, hair color, or eye color. “Biometric information” means any information, regardless of how it is captured, converted, stored, or shared, based on an individual’s biometric identifier used to identify an individual. Biometric information does not include information derived from items or procedures excluded under the definition of biometric identifiers. State law requires private entities in the possession of biometric identifiers or information to:

  • Develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying biometric identifiers and biometric information when the initial purpose for the collecting or obtaining such identifiers or information has been satisfied or within three years of the individual’s last interaction with the private entity, whichever occurs first.
  • Before collecting or otherwise obtain a person’s biometric identifier or information, the entity must first inform the subject in writing that the information is being collected or stored; the length of term for which the information will be stored and used; and obtain written release from the subject.
  • Store, transmit, and protect from disclosure all biometric identifiers using the reasonable standard of care within the entity’s industry, and in a manner that is the same as or more protective than the manner in which the private entity stores and protects other confidential and sensitive information.

The law also:

  • Prohibits the selling, leasing, trading, or otherwise profiting from a person’s biometric information.
  • Prohibits the disclosure of biometric information unless the customer consents; the disclosure completes a financial transaction requested or authorized by the customer; the disclosure is required by state or federal law; or is required pursuant to a valid warrant or subpoena. In addition, the new law requires all public agencies and private entities collecting biometric identifiers or information to establish a retention and destruction schedule. Under this schedule biometric identifiers or information must be destroyed after the initial purpose of collecting or obtaining the information has been fulfilled or within 3 years of the individual’s last interaction with the agency or entity. It provides certain exemptions for public agencies, especially law enforcement and prosecuting agencies and entities issuing driver’s licenses and permits.

Text of Legislation: http://www.ilga.gov/legislation/publicacts/95/095-0994.htm

 

Information gathered from sources including Identity Theft Resource Center and Identity Crime in partnership with International Association of Chiefs of Police and Bank of America.

 

Live Chat Software