Articles

More legal lunacy-When is identity theft NOT identity theft?

by Cheryl Baumgartner Medical Billing/Coding/Insurance
I thought I had seen the absolute pinnacle of judicial jokery a week or so ago when a NY Judge rulled that you can sue a 4 year old for negligence.  Then along comes the Colorado Supreme Court to top even that show of "Brain Death from the Bench.

It seems that The Justices of the Colorado Supreme court says it's NOT identity theft to use someone else' social security number, as long as you use your own name.  So never mind that you're putting this social security number on a loan application.  Never mind that there's going to be a credit check run on the social security number that you put on the application.  Never mind that this social security number does not lead to your credit history.  Just put your name on the application and it's all good with the State of Colorado.

And people wonder why Washington is cranking out new privacy and protection laws left and right.  It's to cover the stupidity of rulings like this one.  Honestly why exactly did these 'judges'  think this guy put a false social security number on that application?  For his health?   and now that he's done that, what about every other place this woman's social security number is on file?

I know some people don't think it's a major thing but that SSN is on file with the IRS tracking her income.  That SSN is on file with the DMV.  That SSN is on file with any police department that has given her so much as a traffic ticket.  And now his name is attached to her social security number.  But it's okay.  He signed his own name on the application

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About Cheryl Baumgartner Professional Premium    Medical Billing/Coding/Insurance

1,142 connections, 69 recommendations, 4,101 honor points.
Joined APSense since, May 18th, 2007, From San Antonio, TX, United States.

Created on Dec 31st 1969 18:00. Viewed 0 times.

Comments

Dawie Bezuidenhout Professional   Systems Engineer I.T.
Cheryl, that is the stupidist law i have heard about. When the check is done on the application form doesn't the original name pop up on the screen. That sounds like blatant fraud. I don't know how this all works in the US, i am sure you will explain it a bit more.
I know in SA we don't have a SSN number but we have a personal tax number that is linked throughout the systems, and if i say fill in my friends number with my name on an application say for a loan, i will soon find myself in a set of cold handcuffs being led to a place i don't want to be.
Nov 8th 2010 15:24   
Philippe Moisan Magnate II   Tutorial videos, sci-fi writer
What is that place, Dawie ? LOL
If Cheryl brings you there at gunpoint, especially with her M-60, you will obey, won't you ? :)
Nov 8th 2010 15:31   
Charles Aki Committed   Marketing and Internet Consultant
Wow!! Is Colorado part of the United States? How can their state supreme court rule that using some else's social security number (SSN) is not identity theft? I thought, even though we can have many people with the same first name and/or last name, only one person is associated with one SSN. What legal precedent were those supreme court judges relying on?
Nov 8th 2010 15:41   
Jeff Greene Committed   Online Marketing Specialist/Consultant
What the heck kind of air are they breathing up there in the Rockies?
Nov 8th 2010 15:49   
Cheryl Baumgartner Professional Premium   Medical Billing/Coding/Insurance
@Charles evidently the fact that he used his own name is 'proof' that he was not trying to 'be' someone else. I guess it's okay to 'be' someone else' credit history though.

@Dawie It is the creditor's responsibility to verify the SSN Under the Red Flags Rule. Creditors are supposed to look for Red Flags that indicate possible identity theft.

@Peaceful it must be that low oxygen concentration at high altitudes!
Nov 8th 2010 15:59   
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