Consumer Justice Center Identity Theft

Identity theft is a serious crime. People whose identities have been stolen can spend months or years - and their hard-earned money - cleaning up the mess thieves have made of their good name and credit record. In the meantime, victims may lose job opportunities, be refused loans, education, housing or cars, or even get arrested for crimes they didn't commit.

If you think your identity has been stolen, here's what to do now:

	Contact the fraud departments of any one of the three major credit bureaus to place a fraud alert on your credit file. The fraud alert requests creditors to contact you before opening any new accounts or making any changes to your existing accounts. As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts, and all three credit reports will be sent to you free of charge
	Close the accounts that you know or believe have been tampered with or opened fraudulently. Use the ID Theft Affidavit when disputing new unauthorized accounts.
	File a police report. Get a copy of the report to submit to your creditors and others that may require proof of the crime.
	Contact Our Office.

UNDERSTANDING IDENTITY THEFT

What is identity theft?
Identity theft occurs when someone uses your name, address, Social Security number (SSN), bank or credit card account number, or other identifying information without your knowledge to commit fraud or other crimes.

How can someone steal my identity?
Identity thieves may use a variety of low- and high-tech methods to gain access to your personally identifying information. For example:

They get information from businesses or institutions by:

	stealing records from their employer,
	bribing an employee who has access to the records,
	conning information out of employees, or
	hacking into the organization's computers.

They rummage through your trash, the trash of businesses, or dumps in a practice known as "dumpster diving."

They obtain credit reports by abusing their employer's authorized access to credit reports or by posing as a landlord, employer or someone else who may have a legitimate need for and a legal right to the information.

They steal credit and debit card account numbers as your card is processed by using a special information storage device in a practice known as "skimming."

They steal wallets and purses containing identification and credit and bank cards.

They steal mail, including bank and credit card statements, pre-approved credit offers, new checks, or tax information.

They complete a "change of address form" to divert mail to another location.

They steal personal information from your home.

They scam information from you by posing as a legitimate business person or government official.

What are the consequences of identity theft?
Once identity thieves have your personal information, they may:

	Go on spending sprees using your credit and debit card account numbers to buy "big-ticket" items like computers that they can easily sell.
	Open a new credit card account, using your name, date of birth and SSN. When they don't pay the bills, the delinquent account is reported on your credit report.
	Change the mailing address on your credit card account. The imposter then runs up charges on the account. Because the bills are being sent to the new address, it may take some time before you realize there's a problem.
	Take out auto loans in your name.
	Establish phone or wireless service in your name.
	Counterfeit checks or debit cards, and drain your bank account.
	Open a bank account in your name and write bad checks on that account.
	File for bankruptcy under your name to avoid paying debts they've incurred, or to avoid eviction.
	Give your name to the police during an arrest. If they are released and don't show up for their court date, an arrest warrant could be issued in your name.

By law, it's illegal for anyone to:

	use false, fictitious or fraudulent statements or documents to get customer information from a financial institution or directly from a customer of a financial institution.
	use forged, counterfeit, lost, or stolen documents to get customer information from a financial institution or directly from a customer of a financial institution.
	ask another person to get someone else's customer information using false, fictitious or fraudulent statements or using false, fictitious or fraudulent documents or forged, counterfeit, lost, or stolen documents.

How long can identity theft problems go on?

It's difficult to predict how long the effects of identity theft may linger. That's because it depends on many factors including the type of theft, whether the thief sold or passed your information on to other thieves, whether the thief is caught, and problems related to correcting your credit report.

Victims of identity theft should monitor their credit reports and other financial records for several months after they discover the crime. Credit reports should be checked once every three months in the first year of the theft, and once a year thereafter. Keep alert for other signs of identity theft.

Victims should not delay in correcting their records and contacting all companies that opened

PROTECTING AGAINST IDENTITY THEFT

How can I prevent identity theft from happening to me?
As with any crime, you can't guarantee that you will never be a victim, but you can minimize your risk. By managing your personal information widely, cautiously and with an awareness of the issue, you can help guard against identity theft.

	Don't give out personal information on the phone, through the mail or over the Internet unless you've initiated the contact or are sure you know who you're dealing with. Identity thieves may pose as representatives of banks, Internet service providers (ISPs) and even government agencies to get you to reveal your SSN, mother's maiden name, account numbers, and other identifying information. Before you share any personal information, confirm that you are dealing with a legitimate organization. You can check the organization's Web site as many companies post scam alerts when their name is used improperly, or you can call customer service using the number listed on your account statement or in the telephone book.
	Don't carry your SSN card; leave it in a secure place.
	Secure personal information in your home, especially if you have roommates, employ outside help or are having service work done in your home.
	Guard your mail and trash from theft:

	Deposit outgoing mail in post office collection boxes or at your local post office, rather than in an unsecured mailbox. Promptly remove mail from your mailbox. If you're planning to be away from home and can't pick up your mail, call the U.S. Postal Service at 1-800-275-8777 to request a vacation hold. The Postal Service will hold your mail at your local post office until you can pick it up or are home to receive it.
	To thwart an identity thief who may pick through your trash or recycling bins to capture your personal information, tear or shred your charge receipts, copies of credit applications, insurance forms, physician statements, checks and bank statements, expired charge cards that you're discarding, and credit offers you get in the mail. If you do not use the pre-screened credit card offers you receive in the mail, you can opt out by calling 1-888-5-OPTOUT (1-888-567- 8688). Please note that you will be asked for your Social Security number in order for the credit bureaus to identify your file so that they can remove you from their lists and you still may receive some credit offers because some companies use different lists from the credit bureaus’ lists.
	Carry only the identification information and the number of credit and debit cards that you'll actually need.
	Place passwords on your credit card, bank and phone accounts. Avoid using easily available information like your mother's maiden name, your birth date, the last four digits of your SSN or your phone number, or a series of consecutive numbers. When opening new accounts, you may find that many businesses still have a line on their applications for your mother's maiden name. Use a password instead.
	Ask about information security procedures in your workplace or at businesses, doctor's offices or other institutions that collect personally identifying information from you. Find out who has access to your personal information and verify that it is handled securely. Ask about the disposal procedures for those records as well. Find out if your information will be shared with anyone else. If so, ask if you can keep your information confidential.
	Give your SSN only when absolutely necessary. Ask to use other types of identifiers when possible. If your state uses your SSN as your driver's license number, ask to substitute another number. Do the same if your health insurance company uses your SSN as your account number.
	Pay attention to your billing cycles. Follow up with creditors if your bills don't arrive on time. A missing bill could mean an identity thief has taken over your account and changed your billing address to cover his tracks.
	Be wary of promotional scams. Identity thieves may use phony offers to get you to give them your personal information
	Keep your purse or wallet in a safe place at work as well as any copies you may keep of administrative forms that contain your sensitive personal information.
	Cancel all unused credit accounts.
	When ordering new checks, pick them up at the bank, rather than having them sent to your home mailbox.

What should I do if someone has stolen or scammed my personal information or identification documents?

If your information or identification documents were stolen or scammed, you have an opportunity to prevent the misuse of that information if you can take action quickly.

	For financial account information such as credit card or bank account information: Close those accounts immediately. When you open new ones, place passwords on these accounts. Avoid using your mother’s maiden name, your birth date, the last four digits of your SSN or your phone number, or a series of consecutive numbers.
	For SSNs: Call the toll-free fraud number of any one of the three major credit bureaus and place a fraud alert on your credit reports. This can help prevent an identity thief from opening new credit accounts in your name.
	To replace an SSN card: Call the Social Security Administration at 1-800-772-1213 to get a replacement.
	For driver's license or other identification documents: Contact the issuing agency. Follow their procedures to place fraud flags and to get replacements.

Once you have taken these precautions, there really isn't anything more you need to do except to check for the signs that your information is being misused. You don't have to file an identity theft report with the police or with the FTC until you find out if your information is actually being misused. If another crime was committed, such as theft of your purse or wallet or your house or car was broken into, report that crime to the police.

How can I prevent companies from using my personal information for marketing?
More organizations are offering consumers choices about how their personal information is used. For example, many let you "opt out" of having your information shared with others or used for marketing purposes. For more information visit the FTC websites Privacy Initiatives and National Do Not Call Registry.

When should I provide my Social Security number?
Your employer and financial institution will likely need your SSN for wage and tax reporting purposes. Other businesses may ask you for your SSN to do a credit check, like when you apply for a car loan. Sometimes, however, they simply want your SSN for general record keeping. If someone asks for your SSN, ask the following questions:

· Why do you need it?

· How will it be used?

· How do you protect it from being stolen?

· What will happen if I don't give it to you?

If you don't provide your SSN, some businesses may not provide you with the service or benefit you want. Getting satisfactory answers to your questions, though, will help you to decide whether you want to share your SSN with the business.

RECOVERING FROM IDENTITY THEFT

How do I cope with identity theft?
Consider your identity theft incident as your "case." Your primary goals are to:

	close fraudulent accounts;
	clear yourself of responsibility for any debts or other criminal activities the thief has perpetrated in your name;
	ensure that your credit report is correct, and;
	find out as much information about the suspect as you can so you can share that information with the police and the FTC.

Develop a plan of action to accomplish these goals. Make a list of the documents you'll need and a list of companies from which you'll need to get those documents.

When contacting a company, don't assume that the person you talk to will give you all the information you need. Determine in advance what information or result you want and develop a list of questions or a strategy to achieve your goal. For example, the company you call first may say they weren't the ones that extended the credit to the thief. But if you ask, they may be able to tell you which company that did. Listen carefully and take notes. Don't end the call until you're sure you understand everything you've been told. If you don't feel you're getting the help you need, ask to speak to a supervisor.

The following tips can help keep your case organized:

	Follow up in writing with all contacts you've made on the phone or in person. Use certified mail, return receipt requested.
	Keep copies of all correspondence or forms you send.
	Keep a list of anyone you talk to, what you were told, and the date of the conversation.
	Keep originals of supporting documentation, like police reports and letters to and from creditors; share copies only.
	Set up a filing system for easy access to your paperwork.
	Keep old files even if you think your case is closed. Although most cases once resolved, stay resolved, in some cases, problems can crop up again. Should this happen, you'll be glad you kept your files.

What are the first steps I should take if I'm a victim of identity theft?
Follow up all calls in writing. Send your letter by certified mail, return receipt requested, so you can document what the company received and when. Keep copies for your files.

1. Call the toll-free fraud number of any one of the three major credit bureaus to place a fraud alert on your credit report. This can help prevent an identity thief from opening additional accounts in your name. As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will automatically be notified to place fraud alerts, and all three credit reports will be sent to you free of charge.

Once you receive your reports, review them carefully to make sure no fraudulent accounts have been opened in your name or unauthorized changes made to your existing accounts.

You should continue to check your reports periodically, especially in the first year of discovery, to make sure no new fraudulent activity has occurred.

Please note: The automated “one-call” process only works for the initial placement of your fraud alert. Orders for additional credit reports or renewals of your fraud alerts must be made separately at each of the three major credit bureaus.

2. Contact the creditors (for example, credit card companies, phone companies and other utilities, and banks and other lenders) to close any accounts that have been tampered with or opened fraudulently. Ask to speak with someone in the security or fraud department of each creditor, then follow up in writing. It's particularly important to notify credit card companies in writing. You may ask creditors for a copy of the application or other business transaction records relating to your identity theft, if you think that this information will be helpful to prove that are you are a victim. Creditors must provide this information free of charge.

3. File a report with your local police. Get a copy of the police report in case the creditors, credit bureaus or others need proof of the crime.

4. File a complaint with the FTC. The FTC maintains a database of identity theft cases which are used by law enforcement agencies for investigations. Filing a complaint also helps us learn more about identity theft and the problems victims are having so that we may better assist you. See www.ftc.gov.

What should I look for on a credit report to indicate identity theft?
Check your credit reports carefully to make sure the information is accurate. Look for inquiries you didn't initiate, accounts you didn't open and unexplained debts on your legitimate accounts. Check that information like your SSN; address(es); name and any variations, including initials, Jr., Sr., etc.; and employers is correct. Inaccuracies in this information may also be due to typographical errors. Nevertheless, whether the inaccuracies are due to fraud or error, notify the credit bureau as soon as possible by telephone and in writing.

Inquiries on credit reports from potential credit card issuers do not always mean that some one has tried to get credit in your name. Banks and credit card companies often inquire about a consumer's creditworthiness to help them target their marketing efforts. These inquiries will be identified in a designated section of the report.

How can I get copies of my credit reports?
Contact each of the three major credit bureaus:

Equifax - www.equifax.com
To order your report, call: 800-685-1111 or write:
P.O. Box 740241, Atlanta, GA 30374-0241

To report fraud, call: 800-525-6285 and write:
P.O. Box 740241, Atlanta, GA 30374-0241
Hearing impaired call 1-800-255-0056 and ask the operator to call the Auto Disclosure Line at 1-800-685-1111 to request a copy of your report.

Experian - www.experian.com
To order your report, call: 888-EXPERIAN (397-3742) or write:
P.O. Box 2002, Allen TX 75013

To report fraud, call: 888-EXPERIAN (397-3742) and write:
P.O. Box 9530, Allen TX 75013
TDD: 1-800-972-0322

Trans Union - www.transunion.com
To order your report, call: 800-888-4213 or write:
P.O. Box 1000, Chester, PA 19022

To report fraud, call: 800-680-7289 and write:
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634
TDD: 1-877-553-7803

How much does a credit report cost?
Each credit bureau may charge you up to $9.00 for a copy of your report. However, you are entitled to one free report a year if you can show that: your report is inaccurate because of fraud; you're on welfare; or you're unemployed and plan to look for a job within 60 days. There also is no charge if a company has taken adverse action against you, such as denying your application for credit, insurance or employment, and you request your report within 60 days of receiving the notice of the adverse action.

Certain states also have passed legislation which entitle you to a free report or a report at a reduced rate.

If You Live In:	Your First Report Is:	Additional Reports Are:
Minnesota	$3.00	$9.00

How do I prove that I'm an identity theft victim?
Identity theft victims often find themselves having to prove that they're victims, not deadbeats trying to get out of paying bad debts. So how do you go about proving you didn't do something? Getting the right documents and getting them to the right people is key.

The Police Report: The police report is an important document for providing proof of the crime. Many creditors want a copy in order to absolve you of the fraudulent debts. Send a copy to each of the three major credit bureaus. They will block, or remove, the information you're disputing from your credit reports. This may take up to 30 days. The credit bureaus have the right to remove the block, or reinstate the information, if they believe it was wrongly placed. Because this initiative is voluntary, except in a few states, it's important to also follow the dispute procedures. Contact the credit bureaus to find out more about how this initiative works. If you're having trouble getting a police report.

The ID Theft Affidavit: The FTC, in conjunction with banks, credit grantors and consumer advocates, developed the ID Theft Affidavit to help you close unauthorized accounts and get rid of debts wrongfully attributed to your name. If you don't have a police report or any paperwork from creditors, send the completed ID Theft Affidavit to the three major credit bureaus. They will use it to start the dispute investigation process. You also can send the ID Theft Affidavit to creditors. Not all companies accept the ID Theft Affidavit. They may require you to use their forms instead. Check first.

Creditor Documentation: Creditor documentation can help you prove that you are a victim. For example, you may be able to show that the signature on an application is not yours. By law (the Fair Credit Reporting Act section 609(e), creditors must give you a copy of the application or other business transaction records relating to your identity theft free of charge. Creditors must provide these records within 30 days of receipt of your request. You also may give permission to any law enforcement agency to get these records.

In order to obtain these records, you must mail your request to the address chosen by the creditor. Contact the creditor’s fraud department by telephone to find out if the creditor has chosen a specific address. The creditor is entitled to ask you for:

(1) proof of your identity which may be a government issued ID card, the same type of information the identity thief used to open or access the account, or the type of information the creditor is currently requesting from applicants or customers

and

(2) a police report and a completed affidavit which may be either the Identity Theft Affidavit or the creditor’s own affidavit.

A business does not have to provide the records in all cases. For instance, a business will not provide the records if it reviews your proof of identity and still does not have a high degree of confidence that it knows your true identity, or if you have not told the truth in making your request. A business also does not have to provide the records if it is prohibited from doing so under other provisions of state or federal law.

Once you have resolved your identity theft dispute with the creditor, ask for a letter from the creditor stating that they have closed the disputed accounts and have discharged you of the fraudulent debts. This letter is your best proof if errors relating to this account reappear on your credit report or you mistakenly are contacted again about the fraudulent debt.

What are fraud alerts and victim statements?
Fraud alerts let creditors know that fraud has been associated with your credit report. As a result, creditors may confirm that they're dealing with you and not an imposter before granting credit or other services.

Victim statements tell creditors to contact you before granting credit or other services. Victim statements may cause delays in getting credit while the creditor tries to contact you. If you have a cell phone, you may want to include that number in your statement.

The following charts describe the current fraud alert and victim statement placement procedures of the credit bureaus. Please note: TransUnion and Equifax use a combined fraud alert and victim statement. Be sure to confirm these procedures when you contact the credit bureaus as they may change.

INITIAL ALERT

Credit Bureau	Period of Initial Coverage	Can You Request an Alert Online?	Is a Free Credit Report Provided?
TransUnion	12 Months	No	Yes
Equifax	6 Months	No	Yes
Experian	3 Month Fraud Alert	Yes	Yes, can be provided online

RENEWALS

Credit Bureau	Period of Renewal Coverage	Is a Free Credit Report Provided?	Number of Renewals Allowed
TransUnion	12 Months or 7 Years	Yes	Unlimited
Equifax	6 Months or 7 Years	Yes	Unlimited
Experian	3 Month Fraud Alert or 7 Year Victim Statement	Yes, provided online	Unlimited

Are fraud alerts and victim statements always effective?
Fraud alerts and victim statements seem to be generally effective. However, because credit grantors do not have to consider them when extending credit, you should continue to check your credit reports periodically, especially in your first year of discovery, to make sure no new fraudulent activity is taking place.

What do I do if someone has tampered with my existing accounts?

· Contact the fraud department of the company where your account has been tampered with.

· Close the account and open a new one. Get a new personal identification number (PIN) or password when you open the new account. Avoid using easily available information like your mother's maiden name, your birth date, the last four digits of your SSN or your phone number, or a series of consecutive numbers.

· Dispute in writing any charges run up by the identity thief on those accounts. Insist on having debits reinstated. Ask the representative to send you the company's fraud dispute forms.

· You may ask creditors for a copy of the application or other business transaction records relating to your identity theft, if you think that this information will be helpful to prove that are you are a victim. Creditors must provide this information free of charge.

What should I do about unauthorized charges on my credit cards?
The Fair Credit Billing Act (FCBA) establishes procedures for resolving billing errors on your credit card accounts, including fraudulent charges on your accounts and limits your liability for unauthorized credit card charges to $50 per card.

To take advantage of the law's consumer protections, you must:

	Write to the creditor at the address given for "billing inquiries," not the address for sending your payments. Include your name, address, account number and a description of the billing error, including the amount and date of the error.
	Send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you. If the address on your account was changed by an identity thief and you never received the bill, your dispute letter still must reach the creditor within 60 days of when the creditor would have mailed the bill. This is why it's so important to keep track of your billing statements and immediately follow up when your bills don't arrive on time.
	Send your letter by certified mail, and request a return receipt. This will be your proof of the date the creditor received the letter. Include copies (NOT originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.

The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.

What do I do if someone is using my checks?
If your checks have been stolen or misused, close the account and ask your bank to notify the check verification service with which it does business. While no federal law limits your losses if someone steals your checks and forges your signature, state laws may protect you. Most states hold the bank responsible for losses from a forged check. At the same time, most states require you to take reasonable care of your account. For example, you may be held responsible for the forgery if you fail to notify the bank in a timely manner that a check was lost or stolen. Contact your state banking or consumer protection agency for more information.

You can contact major check verification companies directly for the following services:

To request that they notify retailers who use their databases not to accept your checks, call:

TeleCheck:
1-800-710-9898 or 927-0188

Certegy, Inc. (previously Equifax Check Systems):
1-800-437-5120

To find out if the identity thief has been passing bad checks in your name, call: SCAN: 1-800-262-7771

How do I get back money that was stolen from my debit card account or through other electronic fund transfers?
The Electronic Fund Transfer Act provides consumer protections for transactions involving an ATM or debit card or other electronic way to debit or credit an account. It also limits your liability for unauthorized electronic fund transfers.

It's important to report lost or stolen ATM and debit cards immediately because the amount you can be held responsible for depends on how quickly you report the loss.

	If you report your ATM card lost or stolen within two business days of discovering the loss or theft, your losses are limited to $50.
	If you report your ATM card lost or stolen after two business days, but within 60 days after a statement showing an unauthorized electronic fund transfer, you can be liable for up to $500 of what a thief withdraws.
	If you wait more than 60 days, you could lose all the money that was taken from your account after the end of the 60 days and before you report your card missing.

The best way to protect yourself in the event of an error or fraudulent transaction is to call the financial institution and follow up in writing - by certified letter, return receipt requested - so you can prove when the institution received your letter. Keep a copy of the letter you send for your records.

After receiving notification about an error on your statement, the institution generally has 10 business days to investigate. The financial institution must tell you the results of its investigation within three business days after completing it and must correct an error within one business day after determining that the error has occurred. If the institution needs more time, it may take up to 45 days to complete the investigation - but only if the money in dispute is returned to your account and you are notified promptly of the credit. At the end of the investigation, if no error has been found, the institution may take the money back if it sends you a written explanation.

What do I do if my bank won't correct the fraud?
If you're having trouble getting your financial institution to help you resolve your banking-related identity theft problems, including problems with bank-issued credit cards, contact the agency with the appropriate jurisdiction. If you're not sure which of the agencies listed below has jurisdiction over your institution, call your bank.

What do I do if someone has opened new credit accounts in my name?
Contact the fraud department of each creditor. Close the accounts and dispute any charges run up on those accounts. Do not pay the charges. Most creditors will require you to fill out fraud forms. To save yourself time, ask if the company accepts the ID Theft Affidavit. If not, ask the representative to send you the company's fraud dispute forms. Find out what, if any, other documentation, such as a police report, the company will need. You may ask creditors for a copy of the application or other business transaction records relating to your identity theft, if you think that this information will be helpful to prove that are you are a victim. Creditors must provide this information free of charge.

How do I find contact information for a company that has opened fraudulent accounts?
If the company is listed in your credit report, the credit bureau can provide the contact information. If it's a well-known company, you may be able to obtain a listing from your telephone directory book or the toll-free directory (1-800-555-1212). You also can use a search engine on the Internet, or your local librarian may be able to help you.

How do I correct inaccurate information on my credit reports? (See Website Page for The Fair Credit Reporting Act (FCRA))

How do I stop debt collectors from contacting me? (See Website Page for the Fair Debt Collection Practices Act (FDCPA)).

What do I do if the identity thief has gotten a driver's license in my name?
If you think your name or SSN is being used by an identity thief to get a driver's license or a non-driver's ID card, contact your DMV. If your state uses your SSN as your driver's license number, ask to substitute another number.

What do I do about stolen mail or fraudulent changes of address?
The U.S. Postal Inspection Service (USPIS) is the law enforcement arm of the U.S. Postal Service and is responsible for investigating cases of identity theft. USPIS has primary jurisdiction in all matters infringing on the integrity of the U.S. mail. If an identity thief has stolen your mail to get new credit cards, bank or credit card statements, pre-screened credit offers or tax information, has falsified change-of-address forms, or obtained your personal information through a fraud conducted by mail, report it to your local postal inspector. You can locate the USPIS di