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Identity Theft
What to do if you are a victim
This guide provides victims of identity theft with the major resources to contact. Unfortunately, at this time victims themselves are burdened with resolving the problem. It is important to act quickly and assertively to minimize the damage. In dealing with the authorities and financial institutions, keep a log of all conversations, including dates, names and phone numbers. Note time spent and any expenses incurred. Confirm conversations in writing. Send correspondence by certified mail (return receipt requested). Keep copies of all letters and documents.
- Credit Bureaus: Immediately call the fraud units of the three credit reporting companies- Experian (formerly TRW), Equifax and Trans Union (phone numbers located at the end of section). Report the theft of your credit cards or numbers. Ask that your account be flagged. Also, add a victim's statement to your report, up to 100 words. ("My ID has been used to apply for credit fraudulently. Contact me at 311-123-4567 to verify all applications.") Be sure to ask how long the fraud alert is posted on your account, and how you can extend it if necessary.
- Be aware that these measures may not entirely stop new fraudulent accounts from being opened by the imposter. Ask the credit bureaus in writing to provide you with free copies every few months so you can monitor your credit report.
- Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have been opened. Ask the credit bureaus to remove inquiries that have been generated due to the fraudulent access. You may also ask the credit bureaus to notify those who have received your credit report in the last six months in order to alert them to the disputed and erroneous information (two years for employers).
- Creditors: Contact all creditors immediately with whom your name has been used fraudulently- by phone and in writing. Get replacement cards with new account numbers for your own accounts that have been used fraudulently. Ask that old accounts be processed as "account closed at consumer's request." (This is better than "card lost or stolen," because when this statement is reported to credit bureaus, it can be interpreted as blaming you for the loss.) Carefully monitor your mail and credit card bills for evidence of new fraudulent activity. Report it immediately to credit grantors.
- Creditors requirements to verify fraud. You may be asked by banks and credit grantors to fill out and notarize fraud affidavits, which could become costly. The law does not require that a notarized affidavit be provided to creditors. A written statement and supporting documentation should be enough (unless the creditor offers to pay for the notary). Overly burdensome requirements by creditors should be reported to the federal government authorities. For help in determining which agency to contact, call CALPIRG or the Privacy Rights Clearinghouse (phone numbers located at the end of section).
- Law enforcement: Report the crime to all police and sheriff's departments with jurisdiction in your case. Give them as much documented evidence as possible. Get a copy of your police report. Keep the phone number of your fraud investigator handy and give it to creditors and others who require verification of your case. Credit card companies and banks may require you to show the report in order to verify the crime. Some police departments have been known to refuse to write reports on such crimes. Be persistent!
- Stolen checks: If you have had checks stolen or bank accounts set up fraudulently, report it to the check verification companies (phone numbers located at the end of section). Put stop payments on any outstanding checks that you are unsure of. Cancel your checking and savings account and obtain new account numbers. Give the bank a secret password for your account (not your mother's maiden name).
- ATM cards: If your ATM card has been stolen or compromised, get a new card, account number and password. Do not use your old password. When creating a password, don't use common numbers like the last four digits of your social security number or your birthdate.
- Fraudulent change of address: Notify the local Postal Inspector of you suspect an identity thief has filed a change of your address with the post office or has used the mail to commit credit or bank fraud. (Call the Postmaster to obtain the phone number) Find out where fraudulent credit cards were sent. Notify the local Postmaster for that address to forward all mail in your name to your own address. You may also need to talk with the mail carrier.
- Secret Service jurisdiction: The Secret Service has jurisdiction over financial fraud, but it usually does not investigate individual cases unless the dollar amount is high or you are one of many victims in a fraud ring. To interest the Social Service in your case, you may want to ask the fraud department of the credit card companies and/or banks, as well as the police investigator, to notify the particular Secret Service agent they work with.
- Social Security Number Misuse: Call the Social Security Administration to report fraudulent use of your Social Security number (phone numbers located at the end of section). As a last resort, you might want to change your number. The SSA will only change it if you fit their fraud victim criteria. Also order a copy of your Earnings and Benefits statement and check it for accuracy.
- Passports: If you have a passport, notify the passport office in writing to be on the lookout for anyone ordering a new passport fraudulently.
- Phone Service: If you long distance calling card has been stolen or your discover fraudulent charges on your bill, cancel the account and open a new one. Provide a password which must be used any time the account is changed.
- Drivers License Number Misuse: You may need to change your driver's license number if someone is using yours as identification for bad checks. Call the state office of the Department of Motor Vehicles (DMV) to see if another license was issued in your name. Put a fraud alert on your license. Go to your local DMV to request a new number. Also, fill out the DMV's complaint form to begin the fraud investigation process. Send supporting documents with the completed form to the nearest DMV investigation office.
- False Civil and Criminal Judgements: Sometimes victims of identity theft are wrongly accused of crimes committed by the imposter. If a civil judgement has been entered in your name for actions take by your imposter, contact the court where the judgement was entered and report that you are victim of identity theft. If you are wrongfully prosecuted for criminal charges, contact the State Department of Justice and the FBI. Ask how to clear your name.
- Legal Help: You may want to consult an attorney to determine legal action to take against creditors and/or credit bureaus if they are not cooperative in removing fraudulent entries from your credit report or if negligence is a factor. Call the local Bar Association to find an attorney who specializes in consumer law and the Fair Credit Reporting Act.
- Dealing with Emotional Stress: Psychological counseling may help you deal with the stress and anxiety commonly experienced by the victims. Know that you are not alone. Contact CALPIRG or the Privacy Rights Clearinghouse for information on how to network with other victims (phone numbers located at the end of section).
- Making Change: Write to your state and federal legislators. Demand stronger privacy protection and fraud assistance by creditors and credit bureaus. Contact CALPIRG for information on any pending state or federal legislation (phone numbers located at the end of section).
- Don't Give In: Finally, do not pay any bill or portion of a bill which is a result of identity theft. Do not cover any checks which were written and/or cashed fraudulently. Your credit rating should not be permanently affected, and no legal action should be taken against you. If any merchant, financial institution, or collection agency suggests otherwise, simply restate your willingness to cooperate, but don't allow yourself to be coerced into paying fraudulent bills.
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How to avoid becoming a victim
Theft of identity (TOI) fraud is on the rise. Often the first notice consumers get that someone has fraudulently assumed their identity is either a call from a collection agency demanding payment on an overdue credit account which they never opened or when their own monthly billing statements do not arrive in the mail and they find out the address on their account has been changed by an identity thief. Most TOI victims never learn how the identity thieves accessed their personal identifying information. Indeed, it may be impossible for a consumer to prevent access to all his or her personal information which is so readily available to thieves (and to junk marketers) from a variety of sources. Broader systemic changes are needed to effectively combat TOI, and therefore consumers should demand legislative action to address this issue. While the following recommendations won't prevent fraud entirely, consumers can take these preventative steps to close some avenues to theft of identity.
Protecting Personal Information
Always question the information gathering and handling practices of merchants, creditors, government agencies, employers, educational institutions and others... ask, do they really need this information for a valid purpose?
* Credit card account numbers: Do not write account numbers on checks, outside of envelopes; avoid giving account numbers over the phone to companies you are unfamiliar with, especially when you did not initiate the call.
* Social security numbers: Ask to have an alternative number where social security numbers are used for identification by schools, employers, or other institutions; resist writing your social security number on checks where possible; keep tax records and other financial documents in a secure place and destroy or delete social security numbers from any documents before throwing them away.
* Address and phone number: Do not give out or write your name and address in conjunction with a credit card sale; you may want to have your name, address, and phone number deleted from marketers' lists by writing to Direct Marketing Association's Mail Preference Service (P.O. Box 9008, Farmingdale, NY 11735) and Telephone Preference Service (P.O. Box 9015, Farmingdale, NY, 11735).
* Other common identifying information: consider using other security passwords for financial accounts rather than solely common identifiers such as mother's maiden name and birth date; if you have your driver's license pre-printed on your checks, always shred canceled checks before throwing away.
Monitoring Credit Reports
Obtain a copy of your credit report on a regular basis to monitor for changed addresses and fraudulent account information. Monitoring Billing Statements Check your billing statements each month for fraudulent charges and report immediately.If you do not receive your statement on time, it may be that a fraudulent change of address was sent to the creditor or the post office. Call the creditor first and then the post office to see if a change of address has been filed in your name.
Pre-approved Credit Card Offers
* "Credit card: 6% APR!" These brightly-colored come-ons from banks are easily converted to fraudulent accounts. Always tear up pre-approved credit card applications before throwing them away.
* Credit card solicitations are generated from "pre-screened lists" of credit reports provided by credit bureaus. If you do not want to receive these offers, contact each of the Big Three credit bureaus to remove your name from pre-screened lists. You can now contact all three, Experian (formerly TRW), Trans Union and Equifax, by calling one number to remove your name: (888) 567-8688.
*Reprinted from publication of CALPIRG (California Advoctate for the Public Interest Research Group) Charitable Trust and Utility Consumers' Action Network. Copyright 1997, for not-for-profit educational purposes only
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Resources
Consumer Assistance Initiative ID Theft Affidavit:
If you are disputing fraudulent debts and accounts opened by an identity thief, the ID Theft Affidavit now simplifies the process. Instead of completing different forms, you can use the ID Theft Affidavit to alert companies where a new account was opened in your name. The company can then investigate the fraud and decide the outcome of your claim.
http://www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf
Credit Reporting Bureaus
To Opt out of pre-approved offers of credit, for all three Credit Reporting Bureaus (Equifax, Experian and Trans Union): (888) 567-8688
To Report Fraud or order a credit report:
Equifax: P.O. Box 740241, Atlanta, GA 30374-0241
* Report fraud: Call (800) 525-6285 and write to address above.
* Order Credit Report: (800) 685-1111: you can also order a credit report on-line at http://www.equifax.com
Experian (formerly TRW): P.O. Box 1017, Allen, TX 75013
* Report fraud: (800) 301-7195 and write to above address.
* Order credit report: (800) 682-7654: you can also order a credit report on-line at http://www.experian.com
Trans Union: P.O. Box 390, Springfield, PA 19064
* Report fraud: (800) 680-7289 and write to Fraud Victim Assistance Division, P.O. Box 3790, Fullerton, CA 92634
* Order credit report: (800) 916-8800: you can also order a credit report on-line at http: //www.tuc.com
Remember, if you have been denied credit, you are entitled to a free credit report. If you are a victim of fraud, be sure to ask the credit bureaus for free copies. They will often provide them. Starting October 1997, free annual credit reports for victims of identity theft are now required by law.
Social Security Administration http://www.ssa.gov/SSA_Home.html
* Report fraud: (800) 269-0271 * Order your Earnings and Benefits Statement: (800) 772-1213
To remove your name from mail and phone lists
Direct Marketing Association
Mail Preference Service, P.O. Box 9008 Farmingdale, NY 11735
Telephone Preference Service, P.O. Box 9014 Farmingdale, NY 11735
To report fraudulent use of your checks
- CheckRite: (800) 766-2748
- Chexsystems: (800) 428-9623
- Equifax: (800) 437-5120
- National Processing Co.: (800) 526-5380
- SCAN: (800) 262-7771
- Telecheck: (800) 710-9898
Other Useful Resources
Federal Government Information Center: (800) 688-9889 for help in obtaining government agency phone numbers CALPIRG (California Advocate for the Public Interest Research Group) 3435 Wilshire Blvd., #385 Los Angeles, CA 90010 Phone: (310) 397-3404 Hotline: (800) 533-4449
This web-page and group have good information for victims of Identity Theft, much of which is national rather than limited to the state of Washington.
There is also a national Public Interest Research Group (PIRG) that have a web-page at http://www.pirg.org/consumer/index.htm
At this web-site you can find links to state organizations, such as:
Ohio Public Interest Research Group http://www.ohiopirg.org/
2460 Fairmount Blvd., Suite C Cleveland Heights, OH 44106
Privacy Rights Clearinghouse, 1717 Kettner Ave., Suite 105
San Diego, CA 92101 Phone: (619) 298-3396 Web-page: http://www.privacyrights.org
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