New Mexico Senior Identity Theft Lawyers

Older adults are increasingly becoming prime targets for identity theft. Seniors are more likely to have good credit, a lifetime of accumulated assets, and access to stable income sources like pensions and Social Security. Coupled with the possibility of being less familiar with evolving technology or less skeptical of unsolicited requests for personal information, these factors can unfortunately make older individuals vulnerable to scams and fraud. If you or a loved one has experienced senior identity theft in Albuquerque or anywhere in New Mexico, the consumer protection lawyers at Feferman, Warren & Mattison are here to help.

What is Senior Identity Theft?

Senior identity theft is when someone unlawfully uses a senior citizen’s personal information to commit fraud or other crimes. This may involve Social Security numbers, credit card information, medical records, bank accounts, or even insurance details. The damage can be financially devastating, but it often goes beyond money. Victims may also suffer emotional stress, damaged credit, and difficulty resolving fraudulent accounts. Senior identity theft can take many forms, including the following:

• Medicare fraud: Using someone else’s Medicare number to receive medical care or equipment.
• Tax return fraud: Filing a tax return using a senior’s Social Security number to collect a fraudulent refund.
• Credit card or bank account fraud: Opening new accounts or charging existing ones without the senior’s knowledge or consent.
• Utilities or rental fraud: Using the victim’s identity to open utility accounts or lease apartments.
• Benefits fraud: Claiming Social Security, veterans’ benefits, or retirement funds under someone else’s identity.
• Caretaker or family member abuse: A trusted individual misuses the senior’s personal information or access to steal or siphon funds.
• Phishing or scam calls: Trickery through phone calls, emails, or text messages that deceive seniors into revealing personal data.
• Estate identity theft: Occurs when thieves steal a deceased senior’s identity to open new accounts or access assets.
• Mail theft: Intercepting bank statements, benefit checks, or credit card offers to collect private information.
• Online account hacking: Accessing online banking or shopping profiles to commit unauthorized purchases or transfers.

The methods used are often subtle, and many victims do not realize their identity has been stolen until the damage has already been done.

Laws Protecting Seniors

Fortunately, both federal and New Mexico state laws recognize the serious and increasing threat of identity theft, especially against senior citizens. Various statutes, such as those at the national level, provide protections, enforcement mechanisms, and avenues for recovery. Some of these statutes are as follows:

• The Identity Theft and Assumption Deterrence Act makes identity theft a federal crime. It allows for prosecution and severe penalties for individuals who intentionally steal someone’s identity.
• The Fair Credit Reporting Act (FCRA) gives consumers the right to dispute inaccurate information on their credit reports and requires credit bureaus to investigate fraud claims.
• The Gramm-Leach-Bliley Act (GLBA) mandates that financial institutions protect personal information and notify customers of their data-sharing practices.
• The Elder Justice Act provides federal resources to prevent elder abuse, including financial exploitation.
• The Health Insurance Portability and Accountability Act (HIPAA) helps protect medical information from unauthorized use or disclosure.

Steps to Take Once You Discover Identity Theft

Discovering that your identity, or a loved one’s, has been stolen can feel overwhelming. Acting quickly and knowing your rights can make a meaningful difference in limiting potential damage.

Government agencies such as the Federal Trade Commission (FTC) maintain public resources like IdentityTheft.gov, which outline recovery steps and provide documentation to help victims. Similarly, credit bureaus (Experian, Equifax, and TransUnion) offer fraud alert and credit monitoring options.

Financial institutions, healthcare providers, and government benefit programs also have established procedures for addressing fraud and unauthorized activity.

Our consumer protection attorneys regularly assist individuals and families with these steps, ensuring that notices, disputes, and recovery efforts are handled effectively and that your rights are fully preserved.

Preventing Future Acts of Identity Theft

Once identity theft has occurred, future prevention becomes a top priority. While no system is foolproof, there are several effective strategies seniors and their families can adopt to minimize risk. Some of those strategies are as follows:

• Freeze your credit reports with all three major bureaus. This prevents anyone from opening new credit accounts in your name.
• Use strong, unique passwords and enable two-factor authentication wherever possible.
• Limit sharing of personal information over the phone, email, or unfamiliar websites.
• Secure mailboxes and shred sensitive documents before disposal.
• Monitor financial and medical statements for unexplained charges or services.
• Sign up for alerts from your bank and credit card companies to track real-time transactions.
• Educate caretakers and family members on the importance of vigilance and respect for personal data.
• Regularly check credit reports and dispute errors quickly.
• Be cautious of phishing attempts and verify the identity of anyone requesting your information, especially if contact was unsolicited.

Contact Our Senior Identity Theft Lawyers in New Mexico Today

Feferman, Warren & Mattison is committed to protecting the financial security and dignity of New Mexico’s seniors. Our attorneys have decades of experience fighting against fraud, identity theft, and financial exploitation. If you or someone you love has been targeted, don’t try to handle it alone. Contact our Albuquerque office today for a confidential consultation and let our senior identity theft lawyers help you take back control.