Submitted by GBB on Wed, 09/14/2011 - 07:45
I had an acquaintance who, while at my house for a party, took my wallet from my desk and copied my credit card number and security code. He then used the info to order a $150 pair of shoes. IN his defense I think he did it as a joke while drinking. I only know about him doing it because long after I straightened the whole thing out with my credit card company, a second friend who saw him do it told me what happened. I really don't think I'll press charges since I didn't lose any money. The guy who took my card information tried to apologize and offered to give me the shoes (???!!!). But does that constitute identity theft in Massachusetts. If so, what law is that? Thanks.
Identity theft and fraud in MA
See Massachusetts General Laws Chapter 266, Section 37E. That is the main law in Massachusetts dealing with identity theft and use of personal identification for illegal or fraudulent purposes. Your "friend" is lucky that you are not in the mood to press charges. The crime he committed can result in some very stiff penalties, including fines of up to $5000 and imprisonment for up to two and a half years. In addition, the statute authorizes courts to order restitution. In other words, the court could order the guilty party to repay the amount of the loss he caused and to reimburse the victim for her out of pocket costs incurred, including costs associated with correcting her credit history and attorney’s fees. Hope that helps.