Victim Rights Minnesota

Victims of identity theft have the right to ask that nationwide consumer reporting agencies place a “security freeze” on their credit file at no cost. 

To place a freeze on your credit, you must send a request to each of the three nationwide credit reporting agencies along with a police report or police case number documenting identity theft. This can be done by mail, by phone, and online.

A security freeze prohibits the credit reporting agency from releasing your credit report or any information from it without your authorization, with a few exceptions. Under Minnesota law, there is no cost to the victim of identity theft to make this request.  For instructions on making your request, see Minnesota Identity Theft Freeze Law, an information sheet from the Minnesota Attorney General’s Office.

An identity theft victim can make a report to the law enforcement agency where they live. 

Under Minnesota law, the local law enforcement agency must take your report of identity theft even if the fraudster is located elsewhere or the ID theft occurred in a different jurisdiction. The law enforcement agency is required to provide you a copy of the report. This report will be important to provide to creditors who will want proof of the crime. Your local law enforcement agency can begin an investigation or refer the case to another jurisdiction if the suspected crime was committed in a different jurisdiction. 

An identity theft victim has all of the crime victim rights under Minnesota Statutes Chapter 611A plus an additional right to mandatory restitution.

If the fraudster is convicted of an identity theft crime, you are entitled to a mandatory restitution award of $1,000. In addition, you have the ability to get free copies of court documents that can be helpful in clearing up your personal credit and criminal histories.

Federal Laws

There are a number of federal laws that protect victims of identity theft. These laws are designed to assist victims in minimizing and repairing the harm done after being victimized. These laws address documenting the theft; obtaining information about fraudulent transactions, correcting inaccurate information, dealing with credit reporting companies, creditors, debt collectors, and merchants; and limiting financial losses caused by the theft.  To find out more, go to Statement of Rights for Identity Theft Victims.