- 42 U.S.C. 408(a)(7) covers using a number obtained through false information, falsely representing a number as one's own, and altering, buying, selling, counterfeiting or possessing Social Security cards with intent to sell or alter them.
- The general penalty in section 408 is up to five years; for certain people who receive fees for benefits-related services, and for physicians or health providers who submit medical evidence, it is up to ten.
- Section 408(a)(6) covers furnishing false identity information to SSA with intent to deceive the Commissioner.
- Replacement cards from SSA are free, according to USA.gov.
What is being sold
Search demand for buying a Social Security card is very small compared with demand for replacing one, but it is there, and sellers advertise cards, numbers and complete identity packages. Three things get sold under these names:
- A printed card with a number and name. It has no record behind it that matches the person, or it carries someone else's real number.
- A real person's number, usually stolen. The buyer uses it to work or to obtain credit; the owner's identity is harmed.
- Nothing: the seller takes payment and ID photos and disappears.
We built this list from the statute's description of the conduct and not from an invented case. We did not open a prosecution record of a card-selling ring, so none is described.
What the statutes say
| Statute | Conduct | Ceiling |
|---|---|---|
| 42 U.S.C. 408(a)(6) | Willfully and knowingly furnishing false identity information to SSA with intent to deceive the Commissioner | 5 years (10 in the special cases listed in the statute) |
| 42 U.S.C. 408(a)(7) | Using a number obtained through false information; falsely representing a number as one's own; altering, buying, selling, counterfeiting or possessing cards with intent to sell or alter them | 5 years (10 in the special cases) |
| 18 U.S.C. 1028(b)(1)(D) | Transferring, possessing or using a means of identification where the offender obtains $1,000 or more in a year as a result | 15 years |
| 18 U.S.C. 1546(b) | Using a false identification document to satisfy an employment verification requirement under immigration law | 5 years |
All of these are ceilings. Courts apply sentencing rules to the facts, and we did not review charging or sentencing data. This is information and not legal advice.
Why the person who buys is exposed
- The number may belong to someone else. A number used to work or borrow shows up in that person's records, and the harm falls on them first.
- Your own documents go to the seller. Ads ask for a photo of ID or a selfie before delivery.
- A card is not the record. What SSA holds is the number's record. A card that does not match it does not help in any lawful setting.
The lawful alternatives
Citizens who lost a card get a free replacement (see Social Security card replacement). Applying for a number and card for yourself or your child is also free, according to USA.gov. For people whose work authorization is the problem, a lawyer or an accredited representative is the right adviser, not a card seller; see notario fraud for how to find one.
If your number was used or sold
- Report identity theft at IdentityTheft.gov or by calling 1-877-438-4338 (USA.gov).
- Place a fraud alert and a credit freeze with the three credit bureaus.
- Report suspected Social Security fraud to the SSA Office of the Inspector General.
The full sequence is on what to do if you paid a scammer.
How to read the table above
The four rows are separate offenses with separate ceilings, and a single episode can touch more than one. A seller who prints a card and takes payment online may be looking at counterfeiting under section 408 and wire fraud under section 1343, which carries up to 20 years. A person who uses a false document to satisfy an employer's verification requirement is in the section 1546(b) row. We have not read charging or sentencing data, so none of these figures predict what happens in a case.
The practical point for a reader is simpler. No seller can improve your position, because the thing the seller offers is the thing the statutes target. The free replacement through SSA is the only card that matches a record.
Frequently asked questions
Can you buy a Social Security card?
No. Only the Social Security Administration issues cards, and replacement is free. Under 42 U.S.C. 408, buying, selling or counterfeiting cards with intent to sell or alter them is a crime with a five-year general ceiling. The ceiling rises to ten years only for certain people who receive fees for benefits-related services and for some health providers, per the statute.
Is a fake Social Security card illegal?
Counterfeiting or altering cards with intent to sell them is covered by 42 U.S.C. 408(a)(7). Using a false identification document to satisfy employment verification is covered by 18 U.S.C. 1546(b), also with a five-year ceiling. Using a false identification document to satisfy employment verification under immigration law is separately covered by 18 U.S.C. 1546(b), with a five-year ceiling.
What is the penalty for using someone else's Social Security number?
Section 408(a)(7) covers falsely representing a number as your own. The general ceiling is five years. Federal identity law, 18 U.S.C. 1028, has other ceilings depending on the facts. These are maximums. The ceilings are maximums and not predictions, and other statutes, including section 1028 and wire fraud, may apply depending on the facts.
Can I print my own Social Security card?
A homemade card is not an official card, and making one that appears official can raise the same legal concerns. Request a free replacement through SSA instead. It is not an official card, and one made to look official can raise the same concerns. A free replacement through SSA is the lawful route if the card is yours.
Who do I tell if my Social Security number was misused?
Report to IdentityTheft.gov (1-877-438-4338), place a fraud alert and credit freeze, and report Social Security fraud to the SSA Office of the Inspector General. Also place a fraud alert with the credit bureaus, since a number used by someone else can show up on your credit file.
Sources and official links
- 42 U.S.C. 408, Social Security penalties (Cornell LII)
- 18 U.S.C. 1028, fraud in connection with identification documents (Cornell LII)
- 18 U.S.C. 1546, fraud and misuse of visas, permits and other documents (Cornell LII)
- USA.gov: how to get, replace or correct a Social Security card
- USA.gov: identity theft
- SSA Office of the Inspector General: scam warning and fraud reporting