Thank you for outlining the extent of the situation.
Yes, identity theft is a crime. Even though it is incredibly distressing for you (as it should be for anyone), law enforcement frequently places a very low or no priority on it. You are not alone.
The facts that you describe are not slander or defamation. However, there is a theory that comes from the defamation family. It's called "false light." In Lovgren v. Citizens First National Bank (1989), 126 Ill.2d 411, 128 Ill.Dec. 542, 534 N.E.2d 987, the Illinois Supreme Court
set forth the three elements necessary to state a cause of action for false light. First, the allegations in the complaint
must show that the plaintiffs were placed in a false light before the public as a result of the defendants' actions. Second, the court must determine whether a trier of fact could decide that the false light in which the plaintiffs were placed would be highly offensive to a reasonable person. Finally, the plaintiffs must allege and prove that the defendants acted with actual malice, that is, with knowledge that the statements were false or with reckless disregard for whether the 210*210 statements were true or false. (Lovgren, 126 Ill.2d at 419-23, 128 Ill.Dec. 542, 534 N.E.2d 987.) The purpose underlying the false light cause of action is to define and protect an area within which every citizen must be left alone. Lovgren, 126 Ill.2d at 420, 128 Ill.Dec. 542, 534 N.E.2d 987, quoting Leopold v. Levin (1970), 45 Ill.2d 434, 440, 259 N.E.2d 250.
I do not know how this person got your Social Security number. However, there are several other different legal theories that you could sue him/her under, depending upon the facts, including:
* Fraudulent misrepresentation,
* Invasion of privacy
* Appropriation of name or likeness
* Publication of private facts
* Breach of fiduciary duty
* Infliction of emotional distress
It has been my pleasure to assist you today with your information needs. If you have a follow-up question, please reply and ask it. If you are satisfied that your question has been answered, kindly select the ACCEPT button to close this thread and so that I receive credit for assisting you today.