Consumer
Protection
During my time in Congress,
I have worked hard to provide sufficient consumer protections to
South Dakotans and fight the growing crimes of identity theft and
fraud. The Federal
Trade Commission (FTC) recently announced that identity theft
topped its annual list of consumer fraud complaints, comprising
accounting for 255,000 of more than 686,000 complaints filed with
the agency in 2005. The Fair and Accurate Credit Transactions
Act (FACT Act), which we helped lead through the Senate, creates
a number of new programs to stem the tide of identity theft and
protect the billions of dollars that victims, as well as the banking
and credit industries, lose to ID theft each year.
The
FACT Act, which took effect in 2005, requires financial
companies to help victims of identity theft and creates a number
of programs to increase financial literacy among consumers. Previously,
victims of identity theft had only two years to bring actions for
violations—often before identity theft victims even knew there
was a problem. This legislation extends that time period,
allowing victims two years from the date they discover the crime
or five years from the date of the crime itself to deny their financial
liability. Moreover, the FACT Act ensures that every consumer can
receive one free credit report each year. By reviewing credit
reports annually, consumers can determine whether there are any
inaccuracies, whether they are accidental or result from identity
theft. As well, I am a sponsor of the Identity Theft Penalty
Enhancement Act (S.153) to increase criminal penalties for aggravated
identity theft.
The
FTC’s report also found that Internet-related complaints accounted
for nearly 55 percent of all complaints in 2003, up from 45 percent
in 2002. I am hopeful the CAN SPAM Act (S.
877), which became effective on the first of this year, will help
reduce some of that fraud by targeting unsolicited commercial e-mail
messages, many of which contain fraudulent routing information or
header information that is intentionally false or misleading.
I will continue to encourage victims of identity theft and all other
consumer fraud to report such crimes to the FTC online at www.ftc.gov.
I
am pleased that so many of our local banks and credit unions are
already actively involved in helping South Dakotans improve their
financial literacy, and I hope that the increased national attention
on this issue will encourage people across America to learn how
to take control of their personal finances.
Read
my handout regarding identity theft
and obtaining your free credit report.
Learn
how to protect yourself and your family
from identity theft.
Return
to Top
|
|