The Jewel of Their Souls: Preventing Identity Theft Through Loss Allocation Rules

University of Pittsburgh Law Review, Vol. 64, p. 343, 2003

66 Pages Posted: 23 Feb 2009  

Jeff Sovern

St. John's University - School of Law

Date Written: February 13, 2009

Abstract

Identity theft is a serious problem, and one that is getting worse. Existing statutory attempts to prevent it have not succeeded. The article argues that traditional loss allocation rules offer a model for addressing identity theft. If credit reporting agencies and creditors were liable for the losses caused when they report the transactions of identity thieves as the transactions of consumer victims, they would have greater incentives to take steps to prevent identity theft. In addition, firms in the credit industry are better able than injured consumers to spread the losses from identity theft among those who benefit from credit.

Suggested Citation

Sovern, Jeff, The Jewel of Their Souls: Preventing Identity Theft Through Loss Allocation Rules (February 13, 2009). University of Pittsburgh Law Review, Vol. 64, p. 343, 2003. Available at SSRN: https://ssrn.com/abstract=1342692

Jeff Sovern (Contact Author)

St. John's University - School of Law ( email )

8000 Utopia Parkway
Jamaica, NY 11439
United States
718-990-6429 (Phone)

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