Take
Charge: Fighting Back Against
Identity Theft
(formerly:
"ID Theft: When Bad Things
Happen to Your Good Name") |
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TABLE
OF CONTENTS |
INTRODUCTION
HOW
IDENTITY THEFT OCCURS
- If Your Personal Information
Has Been Lost or Stolen
IDENTITY
THEFT VICTIMS: IMMEDIATE STEPS
- Placing Fraud Alerts on Your
Credit Report
- Closing Accounts
- Filing a Police Report
- Filing a Complaint with the Federal
Trade Commission
- The Identity Theft Report
- Tips For Organizing Your Case
- Chart Your Course of Action
RESOLVING
SPECIFIC PROBLEMS
- Bank Accounts and Fraudulent
Withdrawals
- Bankruptcy Fraud
- Correcting Fraudulent Information
in Credit Reports
- Credit Cards
- Criminal Violations
- Debt Collectors
- Driver's License
- Investment Fraud
- Mail Theft
- Passport Fraud
- Phone Fraud
- Social Security Number Misuse
- Student Loans
- Tax Fraud
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STAYING
ALERT
- Getting Your Credit Report
MINIMIZING
RECURRENCES
- What To Do Today
- Maintaining Vigilance
- A Special Word About Social Security
Numbers
- The Doors and Windows are Locked,
But...
APPENDIX
- It's the Law
- Federal
- State
- Instructions for Completing the
ID Theft Affidavit
- The ID Theft Affidavit
- Annual Credit Report Request
Form
- The FTC's Privacy Policy
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INTRODUCTION
In the course of a busy
day, you may write a check at the grocery
store, charge tickets to a ball game, rent
a car, mail your tax returns, change service
providers for your cell phone, or apply
for a credit card. Chances are you don't
give these everyday transactions a second
thought. But an identity thief does.
Identity theft is a serious
crime. People whose identities have been
stolen can spend months or years and thousands
of dollars cleaning up the mess the thieves
have made of a good name and credit record.
In the meantime, victims of identity theft
may lose job opportunities, be refused loans
for education, housing, or cars, and even
get arrested for crimes they didn't commit.
Humiliation, anger, and frustration are
among the feelings victims experience as
they navigate the process of rescuing their
identity.
Working with other government
agencies and organizations, the Federal
Trade Commission (FTC) has produced this
booklet to help you remedy the effects of
an identity theft. It describes what steps
to take, your legal rights, how to handle
specific problems you may encounter on the
way to clearing your name, and what to watch
for in the future.
HOW
IDENTITY THEFT OCCURS
I first was notified
that someone had used my Social Security
number for their taxes in February 2004.
I also found out that this person opened
a checking account, cable and utility
accounts, and a cell phone account in
my name. I'm still trying to clear up
everything and just received my income
tax refund after waiting four to five
months. Trying to work and get all this
cleared up is very stressful.
From
a consumer's complaint to the FTC, July
9, 2004
Despite your best efforts
to manage the flow of your personal information
or to keep it to yourself, skilled identity
thieves may use a variety of methods to
gain access to your data.
How identity thieves
get your personal information:
- They get information from businesses
or other institutions by:
- stealing records or information
while they're on the job
- bribing an employee who has access
to these records
- hacking these records
- conning information out of employees
- They may steal your mail, including
bank and credit card statements, credit
card offers, new checks, and tax information.
- They may rummage through your trash,
the trash of businesses, or public trash
dumps in a practice known as "dumpster
diving."
- They may get your credit reports by
abusing their employer's authorized access
to them, or by posing as a landlord, employer,
or someone else who may have a legal right
to access your report.
- They may steal your credit or debit
card numbers by capturing the information
in a data storage device in a practice
known as "skimming." They may
swipe your card for an actual purchase,
or attach the device to an ATM machine
where you may enter or swipe your card.
- They may steal your wallet or purse.
- They may complete a "change of
address form" to divert your mail
to another location.
- They may steal personal information
they find in your home.
- They may steal personal information
from you through email or phone by posing
as legitimate companies and claiming that
you have a problem with your account.
This practice is known as "phishing"
online, or pretexting by phone.
How identity thieves
use your personal information:
- They may call your credit card issuer
to change the billing address on your
credit card account. The imposter then
runs up charges on your account. Because
your bills are being sent to a different
address, it may be some time before you
realize there's a problem.
- They may open new credit card accounts
in your name. When they use the credit
cards and don't pay the bills, the delinquent
accounts are reported on your credit report.
- They may establish phone or wireless
service in your name.
- They may open a bank account in your
name and write bad checks on that account.
- They may counterfeit checks or credit
or debit cards, or authorize electronic
transfers in your name, and drain your
bank account.
- They may file for bankruptcy under
your name to avoid paying debts they've
incurred under your name, or to avoid
eviction.
- They may buy a car by taking out an
auto loan in your name.
- They may get identification such as
a driver's license issued with their picture,
in your name.
- They may get a job or file fraudulent
tax returns in your name.
- They may give your name to the police
during an arrest. If they don't show up
for their court date, a warrant for arrest
is issued in your name.
If Your Personal Information
Has Been Lost or Stolen
If you've lost personal
information or identification, or if it
has been stolen from you, taking certain
steps quickly can minimize the potential
for identity theft.
Financial accounts:
Close accounts, like credit cards and bank
accounts, immediately. When you open new
accounts, place passwords on them. Avoid
using your mother's maiden name, your birth
date, the last four digits of your Social
Security number (SSN) or your phone number,
or a series of consecutive numbers.
Social Security number:
Call the toll-free fraud number of any of
the three nationwide consumer reporting
companies and place an initial fraud
alert on your credit reports. An
alert can help stop someone from opening
new credit accounts in your name. See consumer
reporting company contact information.
For more information about fraud alerts,
see the Fraud
Alerts box.
Driver's license/other
government-issued identification: Contact
the agency that issued the license or other
identification document. Follow its procedures
to cancel the document and to get a replacement.
Ask the agency to flag your file so that
no one else can get a license or any other
identification document from them in your
name.
Once you've taken these
precautions, watch for signs that your information
is being misused. See STAYING
ALERT.
If your information has
been misused, file a report about the theft
with the police, and file a complaint with
the Federal Trade Commission, as well. If
another crime was committed for example,
if your purse or wallet was stolen or your
house or car was broken into report it to
the police immediately.
IDENTITY
THEFT VICTIMS: IMMEDIATE STEPS
If you are a victim of
identity theft, take the following four
steps as soon as possible, and keep a record
with the details of your conversations and
copies of all correspondence.
1.
Place a fraud alert on your credit reports,
and review your credit reports.
Fraud alerts can help
prevent an identity thief from opening any
more accounts in your name. Contact the
toll-free fraud number of any of the three
consumer reporting companies below to place
a fraud alert on your credit report. You
only need to contact one of the three companies
to place an alert. The company you call
is required to contact the other two, which
will place an alert on their versions of
your report, too.
Equifax:
1-800-525-6285;
www.equifax.com; P.O. Box 740241, Atlanta,
GA 30374- 0241
Experian:
1-888-EXPERIAN (397-3742); www.experian.com;
P.O. Box 9532, Allen, TX 75013
TransUnion:
1-800-680-7289; www.transunion.com;
Fraud Victim Assistance Division, P.O. Box
6790, Fullerton, CA 92834-6790
Once you place the fraud
alert in your file, you're entitled to order
free copies of your credit reports, and,
if you ask, only the last four digits of
your SSN will appear on your credit reports.Once
you get your credit reports, review them
carefully. Look for inquiries from companies
you haven't contacted, accounts you didn't
open, and debts on your accounts that you
can't explain. Check that information, like
your SSN, address(es), name or initials,
and employers are correct. If you find fraudulent
or inaccurate information, get it removed.
See Correcting
Credit Reports to learn how. Continue
to check your credit reports periodically,
especially for the first year after you
discover the identity theft, to make sure
no new fraudulent activity has occurred.
Fraud
Alerts
There are two types
of fraud alerts: an initial
alert, and an extended
alert.
- An initial alert stays
on your credit report for at least
90 days. You may ask that
an initial fraud alert be placed
on your credit report if you suspect
you have been, or are about to be,
a victim of identity theft. An initial
alert is appropriate if your wallet
has been stolen or if you've been
taken in by a "phishing"
scam. When you place an initial
fraud alert on your credit report,
you're entitled to one free credit
report from each of the three nationwide
consumer reporting companies.
- An extended alert stays
on your credit report for seven
years. You can have an
extended alert placed on your credit
report if you've been a victim of
identity theft and you provide the
consumer reporting company with
an "identity
theft report." When you
place an extended alert on your
credit report, you're entitled to
two free credit reports within twelve
months from each of the three nationwide
consumer reporting companies. In
addition, the consumer reporting
companies will remove your name
from marketing lists for pre-screened
credit offers for five years unless
you ask them to put your name back
on the list before then.
To place either
of these alerts on your credit report,
or to have them removed, you will
be required to provide appropriate
proof of your identity: that may include
your SSN, name, address and other
personal information requested by
the consumer reporting company.
When a business
sees the alert on your credit report,
they must verify your identity before
issuing you credit. As part of this
verification process, the business
may try to contact you directly. This
may cause some delays if you're trying
to obtain credit. To compensate for
possible delays, you may wish to include
a cell phone number, where you can
be reached easily, in your alert.
Remember to keep all contact information
in your alert current. |
2. Close the accounts
that you know, or believe, have been tampered
with or opened fraudulently.
Call and speak with someone
in the security or fraud department of each
company. Follow up in writing, and include
copies (NOT originals) of supporting documents.
It's important to notify credit card companies
and banks in writing. Send your letters
by certified mail, return receipt requested,
so you can document what the company received
and when. Keep a file of your correspondence
and enclosures.
When you open new accounts,
use new Personal Identification Numbers
(PINs) and passwords. 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.
If the identity thief
has made charges or debits on your accounts,
or on fraudulently opened accounts, ask
the company for the forms to dispute those
transactions:
- For charges and debits on existing accounts,
ask the representative to send you the
company's fraud dispute forms. If the
company doesn't have special forms, use
the sample
letter to dispute the fraudulent charges
or debits. In either case, write to the
company at the address given for "billing
inquiries," NOT the address for sending
your payments.
- For new unauthorized accounts, ask
if the company accepts the
ID Theft Affidavit. If not, ask the
representative to send you the company's
fraud dispute forms. If the company already
has reported these accounts or debts on
your credit report, dispute this fraudulent
information. See Correcting
Credit Reports to learn how.
Once you have resolved
your identity theft dispute with the company,
ask for a letter stating that the company
has closed the disputed accounts and has
discharged the fraudulent debts. This letter
is your best proof if errors relating to
this account reappear on your credit report
or you are contacted again about the fraudulent
debt.
Proving You're
a Victim
Applications or
other transaction records related
to the theft of your identity may
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. These documents also
may contain information about the
identity thief that is valuable to
law enforcement. By law, companies
must give you a copy of the application
or other business transaction records
relating to your identity theft if
you submit your request in writing.
Be sure to ask the company representative
where you should mail your request.
Companies must provide these records
at no charge to you within 30 days
of receipt of your request and your
supporting documents. You also may
give permission to any law enforcement
agency to get these records, or ask
in your written request that a copy
of these records be sent to a particular
law enforcement officer.
The company can
ask you for:
- proof of your identity. This
may be a photocopy of 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 company usually
requests from applicants or customers,
and
- a police report and a completed
affidavit, which may be the
Identity Theft Affidavit or
the company's own affidavit.
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3. File a report with your local police
or the police in the community where the
identity theft took place.
Then, get a copy of the
police report or at the very least, the
number of the report. It can help you deal
with creditors who need proof of the crime.
If the police are reluctant to take your
report, ask to file a "Miscellaneous
Incidents" report, or try another jurisdiction,
like your state police. You also can check
with your state Attorney General's office
to find out if state law requires the police
to take reports for identity theft. Check
the Blue Pages of your telephone directory
for the phone number or check www.naag.org
for a list of state Attorneys General.
4. File a complaint
with the Federal Trade Commission.
By sharing your identity
theft complaint with the FTC, you will provide
important information that can help law
enforcement officials across the nation
track down identity thieves and stop them.
The FTC can refer victims' complaints to
other government agencies and companies
for further action, as well as investigate
companies for violations of laws the agency
enforces.
You can file a complaint
online at www.consumer.gov/idtheft.
If you don't have Internet access, call
the FTC's Identity Theft Hotline, toll-free:
1-877-IDTHEFT (438-4338); TTY: 1-866-653-
4261; or write: Identity Theft Clearinghouse,
Federal Trade Commission, 600 Pennsylvania
Avenue, NW, Washington, DC 20580.
Be sure to call the Hotline
to update your complaint if you have any
additional information or problems.
The
Identity Theft Report
An identity theft report
may have two parts:
Part One
is a copy of a report filed with a local,
state, or federal law enforcement agency,
like your local police department, your
State Attorney General, the FBI, the U.S.
Secret Service, the FTC, and the U.S. Postal
Inspection Service. There is no federal
law requiring a federal agency to take a
report about identity theft; however, some
state laws require local police departments
to take reports. When you file a report,
provide as much information as you can about
the crime, including anything you know about
the dates of the identity theft, the fraudulent
accounts opened and the alleged identity
thief.
Note:
Knowingly submitting false information could
subject you to criminal prosecution for
perjury.
Part Two of
an identity theft report depends on the
policies of the consumer reporting company
and the information provider (the business
that sent the information to the consumer
reporting company). That is, they may ask
you to provide information or documentation
in addition to that included in the law
enforcement report which is reasonably intended
to verify your identity theft. They must
make their request within 15 days of receiving
your law enforcement report, or, if you
already obtained an extended fraud alert
on your credit report, the date you submit
your request to the credit reporting company
for information blocking. The consumer reporting
company and information provider then have
15 more days to work with you to make sure
your identity theft report contains everything
they need. They are entitled to take five
days to review any information you give
them. For example, if you give them information
11 days after they request it, they do not
have to make a final decision until 16 days
after they asked you for that information.
If you give them any information after the
15-day deadline, they can reject your identity
theft report as incomplete; you will have
to resubmit your identity theft report with
the correct information.
You may find that most
federal and state agencies, and some local
police departments, offer only "automated"
reports a report that does not require a
face-to-face meeting with a law enforcement
officer. Automated reports may be submitted
online, or by telephone or mail. If you
have a choice, do not use an automated report.
The reason? It's more difficult for the
consumer reporting company or information
provider to verify the information. Unless
you are asking a consumer reporting company
to place an extended fraud alert on your
credit report, you probably will have to
provide additional information or documentation
when you use an automated report.
Tips For Organizing
Your Case
Accurate and complete
records will help you to resolve your
identity theft case more quickly.
- Have a plan when you contact a
company. Don't assume that the person
you talk to will give you all the
information or help you need. Prepare
a list of questions to ask the representative,
as well as information about your
identity theft. Don't end the call
until you're sure you understand
everything you've been told. If
you need more help, ask to speak
to a supervisor.
- Write down the name of everyone
you talk to, what he or she tells
you, and the date the conversation
occurred. Use
Chart Your Course of Action
to help you.
- Follow up in writing with all
contacts you've made on the phone
or in person. Use certified mail,
return receipt requested, so you
can document what the company or
organization received and when.
- Keep copies of all correspondence
or forms you send.
- Keep the originals of supporting
documents, like police reports and
letters to and from creditors; send
copies only.
- Set up a filing system for easy
access to your paperwork.
- Keep old files even if you believe
your case is closed. Once resolved,
most cases stay resolved, but problems
can crop up.
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Chart
Your Course of Action [PDF
version of form]
Use this form to record
the steps you've taken to report the fraudulent
use of your identity. Keep this list in
a safe place for reference.
Nationwide Consumer
Reporting Companies - Report Fraud
Consumer Reporting
Company |
Phone Number |
Date Contacted |
Contact Person |
Comments |
Equifax |
1-800-525-6285
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Experian |
1-888-EXPERIAN
(397-3742) |
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TransUnion |
1-800-680-7289 |
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Banks,
Credit Card Issuers and Other Creditors
(Contact each creditor promptly to protect
your legal rights.)
Creditor |
Address and Phone
Number |
Date Contacted |
Contact Person |
Comments |
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Law Enforcement Authorities
- Report Identity Theft
Agency/Department |
Phone Number |
Date Contacted |
Contact Person |
Report Number |
Comments |
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RESOLVING
SPECIFIC PROBLEMS
I received a copy
of my credit report and saw about a half
a dozen items that I didn't know anything
about. It's affected my credit rating
so badly that I couldn't get a student
loan. I didn't realize there was a problem
until my student loan application was
denied.
From
a consumer's complaint to the FTC, May
25, 2004
While dealing with problems
resulting from identity theft can be time-consuming
and frustrating, most victims can resolve
their cases by being assertive, organized,
and knowledgeable about their legal rights.
Some laws require you to notify companies
within specific time periods. Don't delay
in contacting any companies to deal with
these problems, and ask for supervisors
if you need more help than you're getting.
Bank Accounts and
Fraudulent Withdrawals
Different laws determine
your legal remedies based on the type of
bank fraud you have suffered. For example,
state laws protect you against fraud committed
by a thief using paper documents, like stolen
or counterfeit checks. But if the thief
used an electronic fund transfer, federal
law applies. Many transactions may seem
to be processed electronically but are still
considered "paper" transactions.
If you're not sure what type of transaction
the thief used to commit the fraud, ask
the financial institution that processed
the transaction.
Fraudulent Electronic
Withdrawals
The Electronic Fund Transfer
Act provides consumer protections for transactions
involving an ATM or debit card, or another
electronic way to debit or credit an account.
It also limits your liability for unauthorized
electronic fund transfers.
You have 60 days from
the date your bank account statement is
sent to you to report in writing any money
withdrawn from your account without your
permission. This includes instances when
your ATM or debit card is "skimmed"
that is, when a thief captures your account
number and PIN without your card having
been lost or stolen.
If your ATM or debit card
is lost or stolen, report it immediately
because the amount you can be held responsible
for depends on how quickly
you report the loss.
- If you report the loss or theft within
two business days of discovery, your losses
are limited to $50.
- If you report the loss or theft after
two business days, but within 60 days
after the unauthorized electronic fund
transfer appears on your statement, you
could lose up to $500 of what the thief
withdraws.
- If you wait more than 60 days to report
the loss or theft, you could lose all
the money that was taken from your account
after the end of the 60 days.
Note:
VISA and MasterCard voluntarily have agreed
to limit consumers' liability for unauthorized
use of their debit cards in most instances
to $50 per card, no matter how much time
has elapsed since the discovery of the loss
or theft of the card.
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 your notification
about an error on your statement, the institution
generally has 10 business days to investigate.
The 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 it 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. For more information, see
Electronic Banking and
Credit,
ATM and Debit Cards: What To Do If They're
Lost or Stolen.
Fraudulent Checks
and Other "Paper" Transactions
In general, if an identity
thief steals your checks or counterfeits
checks from your existing bank account,
stop payment, close the account, and ask
your bank to notify Chex Systems, Inc. or
the check verification service with which
it does business. That way, retailers can
be notified not to accept these checks.
While no federal law limits your losses
if someone uses your checks with a forged
signature, or uses another type of "paper"
transaction such as a demand draft, state
laws may protect you. Most states hold the
bank responsible for losses from such transactions.
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 at 1-800-710-9898 or
1-800-927-0188
- Certegy, Inc. (previously Equifax
Check Systems) at 1-800-437-5120
- To find out if the identity thief has
been passing bad checks in your name,
call:
If your checks are rejected
by a merchant, it may be because an identity
thief is using the Magnetic Information
Character Recognition (MICR) code (the numbers
at the bottom of checks), your driver's
license number, or another identification
number. The merchant who rejects your check
should give you its check verification company
contact information so you can
find out what information the thief is using.
If you find that the thief is using your
MICR code, ask your bank to close your checking
account, and open a new one. If you discover
that the thief is using your driver's license
number or some other identification number,
work with your DMV or other identification
issuing agency to get new identification
with new numbers. Once you
have taken the appropriate steps, your checks
should be accepted.
Note:
- The check verification company may
or may not remove the information about
the MICR code or the driver's license/identification
number from its database because this
information may help prevent the thief
from continuing to commit fraud.
- If the checks are being passed on a
new account, contact the bank to close
the account. Also contact Chex Systems,
Inc., to review your consumer report to
make sure that no other bank accounts
have been opened in your name.
- Dispute any bad checks passed in your
name with merchants so they don't start
any collections actions against you.
Fraudulent New Accounts
If you have trouble opening
a new checking account, it may be because
an identity thief has been opening accounts
in your name. Chex Systems, Inc., produces
consumer reports specifically about checking
accounts, and as a consumer reporting company,
is subject to the Fair Credit Reporting
Act. You can request a free copy of your
consumer report by contacting Chex Systems,
Inc. If you find inaccurate information
on your consumer report, follow the procedures
under Correcting
Credit Reports to dispute it. Contact
each of the banks where account inquiries
were made, too. This will help ensure that
any fraudulently opened accounts are closed.
Chex Systems, Inc.:
1-800-428-9623; www.chexhelp.com
Fax: 602-659-2197
Chex Systems, Inc.
Attn: Consumer Relations
7805 Hudson Road, Suite 100
Woodbury, MN 55125
Where to Find Help
If you have trouble getting
a financial institution to help you resolve
your banking-related identity theft problems,
including problems with bank-issued credit
cards, contact the agency that oversees
your bank (see list below). If you're not
sure which of these agencies is the right
one, call your bank or visit the National
Information Center of the Federal Reserve
System at www.ffiec.gov/nic/
and click on "Institution Search."
Federal Deposit
Insurance Corporation (FDIC) www.fdic.gov
The FDIC supervises state-chartered
banks that are not members of the Federal
Reserve System, and insures deposits at
banks and savings and loans.
Call the FDIC Consumer
Call Center toll-free: 1-800-934-3342; or
write: Federal Deposit Insurance Corporation,
Division of Compliance and Consumer Affairs,
550 17th Street, NW, Washington, DC 20429.
FDIC publications:
Federal Reserve
System (Fed) www.federalreserve.gov
The Fed supervises state-chartered
banks that are members of the Federal Reserve
System.
Call: 202-452-3693; or
write: Division of Consumer and Community
Affairs, Mail Stop 801, Federal Reserve
Board, Washington, DC 20551; or contact
the Federal Reserve Bank in your area. The
Reserve Banks are located in Boston, New
York, Philadelphia, Cleveland, Richmond,
Atlanta, Chicago, St. Louis, Minneapolis,
Kansas City, Dallas, and San Francisco.
National Credit
Union Administration (NCUA) www.ncua.gov
The NCUA charters and
supervises federal credit unions and insures
deposits at federal credit unions and many
state credit unions.
Call: 703-518-6360; or
write: Compliance Officer, National Credit
Union Administration, 1775 Duke Street,
Alexandria, VA 22314.
Office of the
Comptroller of the Currency (OCC) www.occ.treas.gov
The OCC charters and
supervises national banks. If the word "national"
appears in the name of a bank, or the initials
"N.A." follow its name, the OCC
oversees its operations.
Call toll-free: 1-800-613-6743
(business days 9:00 a.m. to 4:00 p.m. CST);
fax: 713-336-4301; or write: Customer Assistance
Group, 1301 McKinney Street, Suite 3710,
Houston, TX 77010.
OCC publications:
Office of Thrift
Supervision (OTS)
www.ots.treas.gov
The OTS is the primary
regulator of all federal, and many state-chartered,
thrift institutions, including savings banks
and savings and loan institutions.
Call: 202-906-6000; or
write: Office of Thrift Supervision, 1700
G Street, NW, Washington, DC 20552.
Bankruptcy Fraud
U. S. Trustee
(UST)
www.usdoj.gov/ust
If you believe someone
has filed for bankruptcy in your name, write
to the U.S. Trustee in the region where
the bankruptcy was filed. A list of the
U.S. Trustee Programs' Regional Offices
is available on the UST website, or check
the Blue Pages of your phone book under
U.S. Government Bankruptcy Administration.
In your letter, describe
the situation and provide proof of your
identity. The U.S. Trustee will make a criminal
referral to law enforcement authorities
if you provide appropriate documentation
to substantiate your claim. You also may
want to file a complaint with the U.S. Attorney
and/or the FBI in the city where the bankruptcy
was filed. The U.S. Trustee does not provide
legal representation, legal advice, or referrals
to lawyers. That means you may need to hire
an attorney to help convince the bankruptcy
court that the filing is fraudulent. The
U.S. Trustee does not provide consumers
with copies of court documents. You can
get them from the bankruptcy clerk's office
for a fee.
Correcting
Fraudulent Information in Credit Reports
The Fair Credit Reporting
Act (FCRA) establishes procedures for correcting
fraudulent information on your credit report
and requires that your report be made available
only for certain legitimate business needs.
Under the FCRA, both the
consumer reporting company and the information
provider (the business that sent the information
to the consumer reporting company), such
as a bank or credit card company, are responsible
for correcting fraudulent information in
your report. To protect your rights under
the law, contact both the consumer reporting
company and the information provider.
Consumer Reporting
Company Obligations
Consumer reporting companies
will block fraudulent information from appearing
on your credit report if you take the following
steps: Send them a copy of an identity
theft report and a letter telling them
what information is fraudulent. The letter
also should state that the information does
not relate to any transaction that you made
or authorized. In addition, provide proof
of your identity that may include your SSN,
name, address, and other personal information
requested by the consumer reporting company.
The consumer reporting
company has four business days to block
the fraudulent information after accepting
your identity theft report. It also must
tell the information provider that it has
blocked the information. The consumer reporting
company may refuse to block the information
or remove the block if, for example, you
have not told the truth about your identity
theft. If the consumer reporting company
removes the block or refuses to place the
block, it must let you know.
The blocking process is
only one way for identity theft victims
to deal with fraudulent information. There's
also the "reinvestigation process,"
which was designed to help all consumers
dispute errors or inaccuracies on their
credit reports. For more information on
this process, see How
to Dispute Credit Report Errors
and Your
Access to Free Credit Reports,
two publications from the FTC.
Information Provider
Obligations
Information providers
stop reporting fraudulent information to
the consumer reporting companies once you
send them an identity theft report and a
letter explaining that the information that
they're reporting resulted from identity
theft. But you must send your identity theft
report and letter to the address specified
by the information provider. Note that the
information provider may continue to report
the information if it later learns that
the information does not result from identity
theft.
If a consumer reporting
company tells an information provider that
it has blocked fraudulent information in
your credit report, the information provider
may not continue to report that information
to the consumer reporting company. The information
provider also may not hire someone to collect
the debt that relates to the fraudulent
account, or sell that debt to anyone else
who would try to collect it.
Sample
Blocking Letter Consumer Reporting
Company
Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Consumer Reporting Company
Address
City, State, Zip Code
Dear Sir or Madam:
I am a victim of
identity theft. I am writing to request
that you block the following fraudulent
information in my file. This information
does not relate to any transaction
that I have made. The items also are
circled on the attached copy of the
report I received. (Identify item(s)
to be blocked by name of source, such
as creditors or tax court, and identify
type of item, such as credit account,
judgment, etc.)
Enclosed is a copy
of the law enforcement report regarding
my identity theft. Please let me know
if you need any other information
from me to block this information
on my credit report.
Sincerely,
Your name
Enclosures: (List
what you are enclosing.) |
Credit Cards
The Fair Credit Billing
Act establishes procedures for resolving
billing errors on your credit card accounts,
including fraudulent charges on your accounts.
The law also 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.
See Sample
Letter.
- send your letter so that it reaches
the creditor within 60 days after the
first bill containing the error was mailed
to you. If an identity thief changed the
address on your account and you didn't
receive the bill, your dispute letter
still must reach the creditor within 60
days of when the creditor would have mailed
the bill. This is one reason it's essential
to keep track of your billing statements,
and follow up quickly if your bills don't
arrive on time.
You should send your letter
by certified mail, and request a return
receipt. It becomes your proof of the date
the creditor received the letter. Include
copies (NOT originals) of your police report
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.
For more information,
see Fair
Credit Billing and Avoiding
Credit and Charge Card Fraud, two
publications from the FTC.
Sample
Dispute Letter For Existing Accounts
Date
Your Name
Your Address
Your City, State, Zip Code
Your Account Number
Name of Creditor
Billing Inquiries
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to
dispute a fraudulent (charge or debit)
on my account in the amount of $______.
I am a victim of identity theft, and
I did not make this (charge or debit).
I am requesting that the (charge be
removed or the debit reinstated),
that any finance and other charges
related to the fraudulent amount be
credited, as well, and that I receive
an accurate statement.
Enclosed are copies
of (use this sentence to describe
any enclosed information, such as
a police report) supporting my position.
Please investigate this matter and
correct the fraudulent (charge or
debit) as soon as possible.
Sincerely,
Your name
Enclosures: (List
what you are enclosing.) |
Criminal Violations
Procedures to correct
your record within criminal justice databases
can vary from state to state, and even from
county to county. Some states have enacted
laws with special procedures for identity
theft victims to follow to clear their names.
You should check with the office of your
state Attorney General, but you can use
the following information as a general guide.
If wrongful criminal violations
are attributed to your name, contact the
police or sheriff's department that originally
arrested the person using your identity,
or the court agency that issued the warrant
for the arrest. File an impersonation report
with the police/sheriff's department or
the court, and confirm your identity: Ask
the police department to take a full set
of your fingerprints, photograph you, and
make a copies of your photo identification
documents, like your driver's license, passport,
or travel visa. To establish your innocence,
ask the police to compare the prints and
photographs with those of the imposter.
If the arrest warrant
is from a state or county other than where
you live, ask your local police department
to send the impersonation report to the
police department in the jurisdiction where
the arrest warrant, traffic citation, or
criminal conviction originated.
The law enforcement agency
should then recall any warrants and issue
a "clearance letter" or "certificate
of release" (if you were arrested/booked).
You'll need to keep this document with you
at all times in case you're wrongly arrested
again. Ask the law enforcement agency to
file the record of the follow-up investigation
establishing your innocence with the district
attorney's (D.A.) office and/or court where
the crime took place. This will result in
an amended complaint. Once your name is
recorded in a criminal database, it's unlikely
that it will be completely removed from
the official record. Ask that the "key
name" or "primary name" be
changed from your name to the imposter's
name (or to "John Doe" if the
imposter's true identity is not known),
with your name noted as an alias.
You'll also want to clear
your name in the court records. To do so,
you'll need to determine which state law(s)
will help you with this and how. If your
state has no formal procedure for clearing
your record, contact the D.A.'s office in
the county where the case was originally
prosecuted. Ask the D.A.'s office for the
appropriate court records needed to clear
your name. You may need to hire a criminal
defense attorney to help you clear your
name. Contact Legal Services in your state
or your local bar association for help in
finding an attorney.
Finally, contact your
state Department of Motor Vehicles (DMV)
to find out if your driver's license is
being used by the identity thief. Ask that
your files be flagged for possible fraud.
Debt Collectors
The Fair Debt Collection
Practices Act prohibits debt collectors
from using unfair or deceptive practices
to collect overdue bills that a creditor
has forwarded for collection, even if those
bills don't result from identity theft.
You can stop a debt collector
from contacting you in two ways:
- Write a letter to the collection agency
telling them to stop. Once the debt collector
receives your letter, the company may
not contact you again with two exceptions:
They can tell you there will be no further
contact, and they can tell you that the
debt collector or the creditor intends
to take some specific action.
- Send a letter to the collection agency,
within 30 days after you received written
notice of the debt, telling them that
you do not owe the money. Include copies
of documents that support your position.
Including a copy (NOT original) of your
police report may be useful. In this case,
a collector can renew collection activities
only if it sends you proof of the debt.
If you don't have documentation
to support your position, be as specific
as possible about why the debt collector
is mistaken. The debt collector is responsible
for sending you proof that you're wrong.
For example, if the debt you're disputing
originates from a credit card you never
applied for, ask for a copy of the application
with the applicant's signature. Then, you
can prove that it's not your signature.
If you tell the debt collector
that you are a victim of identity theft
and it is collecting the debt for another
company, the debt collector must tell that
company that you may be a victim of identity
theft.
While you can stop a debt
collector from contacting you, that won't
get rid of the debt itself. It's important
to contact the company that originally opened
the account to dispute the debt, otherwise
that company may send it to a different
debt collector, report it on your credit
report, or initiate a lawsuit to collect
on the debt.
For more information,
see Fair
Debt Collection, a publication
from the FTC.
Driver's License
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 state DMV. If your
state uses your SSN as your driver's license
number, ask to substitute another number.
Investment Fraud
U.S. Securities
and Exchange Commission (SEC) www.sec.gov
The SEC's Office of Investor
Education and Assistance serves investors
who complain to the SEC about investment
fraud or the mishandling of their investments
by securities professionals. If you believe
that an identity thief has tampered with
your securities investments or a brokerage
account, immediately report it to your broker
or account manager and to the SEC.
You can file a complaint
with the SEC's Complaint Center at www.sec.gov/complaint.shtml.
Include as much detail as possible. If you
don't have Internet access, write to the
SEC at: SEC Office of Investor Education
and Assistance, 450 Fifth Street, NW, Washington
DC, 20549-0213. For answers to general questions,
call 202-942-7040.
Mail Theft
U.S. Postal Inspection
Service (USPIS)
www.usps.gov/websites/depart/inspect
The USPIS is the law enforcement
arm of the U.S. Postal Service, and investigates
cases of identity theft. The 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, or 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
district office nearest you by calling your
local post office, checking the Blue Pages
of your telephone directory, or visiting
www.usps.gov/websites/depart/inspect.
Passport Fraud
United States
Department of State (USDS)
www.travel.state.gov/passport/passport_1738.html
If you've lost your passport,
or believe it was stolen or is being used
fraudulently, contact the USDS through their
website, or call a local USDS field office.
Local field offices are listed in the Blue
Pages of your telephone directory.
Phone Fraud
If an identity thief
has established phone service in your name,
is making unauthorized calls that seem to
come from and are billed to your cellular
phone, or is using your calling card and
PIN, contact your service provider immediately
to cancel the account and/or calling card.
Open new accounts and choose new PINs. If
you're having trouble getting fraudulent
phone charges removed from your account
or getting an unauthorized account closed,
contact the appropriate agency below.
- For local service, contact your state
Public Utility Commission.
- For cellular phones and long distance,
contact the Federal Communications Commission
(FCC) at www.fcc.gov.
The FCC regulates interstate and international
communications by radio, television, wire,
satellite, and cable. Call: 1-888-CALL-FCC;
TTY: 1-888-TELL-FCC; or write: Federal
Communications Commission, Consumer Information
Bureau, 445 12th Street, SW, Room 5A863,
Washington, DC 20554. You can file complaints
online at www.fcc.gov,
or e-mail your questions to
fccinfo@fcc.gov.
Social Security Number
Misuse
Social Security
Administration (SSA) www.ssa.gov
If you have specific
information of SSN misuse that involves
the buying or selling of Social Security
cards, may be related to terrorist activity,
or is designed to obtain Social Security
benefits, contact the SSA Office of the
Inspector General. You may file a complaint
online at www.socialsecurity.gov/oig, call
toll-free: 1-800-269-0271, fax: 410-597-0118,
or write: SSA Fraud Hotline, P.O. Box 17768,
Baltimore, MD 21235.
You also may call SSA
toll-free at 1-800-772-1213 to verify the
accuracy of the earnings reported on your
SSN, request a copy of your Social Security
Statement, or get a replacement SSN card
if yours is lost or stolen. Follow up in
writing.
SSA publications:
Student Loans
Contact the school or
program that opened the student loan to
close the loan. At the same time, report
the fraudulent loan to the U.S. Department
of Education. Call the Inspector General's
Hotline toll-free at 1-800-MIS-USED; visit
www.ed.gov/about/offices/list/oig/hotline.html?src=rt;
or write: Office of Inspector General, U.S.
Department of Education, 400 Maryland Avenue,
SW, Washington, DC 20202-1510.
Tax Fraud
Internal Revenue
Service (IRS) www.treas.gov/irs/ci
The
IRS is responsible for administering and
enforcing tax laws. Identity fraud may occur
as it relates directly to your tax records.
Visit www.irs.gov
and type in the IRS key word “Identity
Theft” for more information.
If you have an unresolved
issue related to identity theft, or you
have suffered or are about to suffer a significant
hardship as a result of the administration
of the tax laws, visit the IRS Taxpayer
Advocate Service website
www.irs.gov/advocate/ or call toll-free:
1-877-777-4778.
If
you suspect or know of an individual or
company that is not complying with the tax
law, report it to the Internal Revenue Service
Criminal Investigation Informant Hotline
by calling toll-free: 1-800-829-0433 or
visit www.irs.gov
and type in the IRS key word “Tax
Fraud.”
For More Information
Federal Trade
Commission (FTC) www.ftc.gov
The FTC wants consumers
and businesses to know about the importance
of personal information privacy. To request
free copies of brochures, visit www.consumer.gov/idtheft
or call 1-877-FTC-HELP (382-4357).
FTC publications:
Department of
Justice (DOJ)
www.usdoj.gov
The DOJ and its U.S.
Attorneys prosecute federal identity theft
cases. Information on identity theft is
available at www.usdoj.gov/criminal/fraud/idtheft.html.
Federal Bureau
of Investigation (FBI) www.fbi.gov
The FBI, a criminal law
enforcement agency, investigates cases of
identity theft. The FBI recognizes that
identity theft is a component of many crimes,
including bank fraud, mail fraud, wire fraud,
bankruptcy fraud, insurance fraud, fraud
against the government, and terrorism. Local
field offices are listed in the Blue Pages
of your telephone directory.
U.S. Secret Service
(USSS) www.treas.gov/usss
The U.S. Secret Service
investigates financial crimes, which may
include identity theft. Although the Secret
Service generally investigates cases where
the dollar loss is substantial, your information
may provide evidence of a larger pattern
of fraud requiring their involvement. Local
field offices are listed in the Blue Pages
of your telephone directory.
Financial Crimes Division www.treas.gov/usss/financial_crimes.shtml
STAYING
ALERT
Once resolved, most cases
of identity theft stay resolved. But occasionally,
some victims have recurring problems. To
help stay on top of the situation, continue
to monitor your credit reports and read
your financial account statements promptly
and carefully. You may want to review your
credit reports once every three months in
the first year of the theft, and once a
year thereafter. And stay alert for other
signs of identity theft, like:
- failing to receive bills or other mail.
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.
- receiving credit cards that you didn't
apply for.
- being denied credit, or being offered
less favorable credit terms, like a high
interest rate, for no apparent reason.
- getting calls or letters from debt collectors
or businesses about merchandise or services
you didn't buy.
Getting Your Credit
Report
Free Annual Credit
Reports
A recent amendment to
the federal Fair Credit Reporting Act requires
each of the major nationwide consumer reporting
companies to provide you with a free copy
of your credit reports, at your request,
once every 12 months.
Free reports are being
phased in during a nine-month period, rolling
from states in the West to the states in
the East. Beginning September 1, 2005, free
reports will be accessible to all Americans,
regardless of where they live.
- Consumers in the Western states
- Alaska, Arizona, California, Colorado,
Hawaii, Idaho, Montana, Nevada, New Mexico,
Oregon, Utah, Washington, and Wyoming
-can order their free reports beginning
December 1, 2004.
- Consumers in the Midwestern
states - Illinois, Indiana, Iowa,
Kansas, Michigan, Minnesota, Missouri,
Nebraska, North Dakota, Ohio, South Dakota,
and Wisconsin -can order their free reports
beginning March 1, 2005.
- Consumers in the Southern states
- Alabama, Arkansas, Florida, Georgia,
Kentucky, Louisiana, Mississippi, Oklahoma,
South Carolina, Tennessee, and Texas -
can order their free reports beginning
June 1, 2005.
- Consumers in the Eastern states
- Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey,
New York, North Carolina, Pennsylvania,
Rhode Island, Vermont, Virginia, and West
Virginia - District of Columbia,
Puerto Rico, and all U.S. territories
can order their free reports beginning
September 1, 2005.
To order your free annual
report from one or all the national consumer
reporting companies, visit www.annualcreditreport.com,
call toll-free 877-322-8228, or complete
the Annual Credit Report Request Form and
mail it to: Annual Credit Report Request
Service, P.O. Box 105281, Atlanta, GA 30348-5281.
The form is at the back of this brochure;
or you can print it from www.ftc.gov/credit.
Do not contact the three nationwide consumer
reporting companies individually. They provide
free annual credit reports only through
www.annualcreditreport.com,
877-322-8228, and Annual Credit Report Request
Service, P.O. Box 105281, Atlanta, GA 30348-5281.
For more information,
see Your
Access to Free Credit Reports,
a publication from the FTC.
Other Consumer Rights
to Free Reports
Under federal law, you're
entitled to a free report if a company takes
adverse action against you, such as denying
your application for credit, insurance,
or employment, and you request your report
within 60 days of receiving notice of the
action. The notice will give you the name,
address, and phone number of the consumer
reporting company. You're also entitled
to one free report a year if you're unemployed
and plan to look for a job within 60 days;
you're on welfare; or your report is inaccurate
because of fraud. Otherwise, a consumer
reporting company may charge you up to $9.50
for another copy of your report within a
12-month period.
To buy a copy of your
report, contact:
Under state law, consumers
in Colorado, Georgia, Maine, Maryland, Massachusetts,
New Jersey, and Vermont already have free
access to their credit reports.
MINIMIZING
RECURRENCES
Last week I noticed
that I was getting products in the mail
that I hadn't ordered. Then I noticed
charges on my credit card statement that
I hadn't made. I spent a whole day calling
the vendors numbers listed on my statement
to let them know someone was using my
credit card to make purchases without
my permission. I don't know what else
this person may be doing with my accounts
and/or my name, and I'm worried about
that.
From
a consumer's complaint to the FTC, January
7, 2004
When it comes to identity
theft, you can't entirely control whether
you will become a victim. But there are
certain steps you can take to minimize recurrences.
What To Do Today
- 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. Ask if you can use
a password instead.
- Secure personal information in your
home, especially if you have roommates,
employ outside help, or are having work
done in your home.
- Ask about information security procedures
in your workplace or at businesses, doctor's
offices or other institutions that collect
your personally identifying information.
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 how your information
can be kept confidential.
Active Duty
Alerts for Military Personnel
If you are a member
of the military and away from your
usual duty station, you may place
an active duty alert on your credit
reports to help minimize the risk
of identity theft while you are deployed.
Active duty alerts are in effect on
your report for one year. If your
deployment lasts longer, you can place
another alert on your credit report.
When you place an
active duty alert, you'll be removed
from the credit reporting companies'
marketing list for pre-screened credit
card offers for two years unless you
ask to go back on the list before
then.
See Consumer
Reporting Companies for contact
information. The process for getting
and removing an alert, and a business's
response to your alert, are the same
as that for an initial alert. See
Fraud
Alerts. You may use a personal
representative to place or remove
an alert. |
Maintaining Vigilance
- Don't give out personal information
on the phone, through the mail, or on
the Internet unless you've initiated the
contact or are sure you know who you're
dealing with. Identity thieves are clever,
and have posed as representatives of banks,
Internet service providers (ISPs), and
even government agencies to get people
to reveal their 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. Check
an organization's website by typing its
URL in the address line, rather than cutting
and pasting it. Many companies post scam
alerts when their name is used improperly.
Or call customer service using the number
listed on your account statement or in
the telephone book. For more information,
see How
Not to Get Hooked by a 'Phishing' Scam,
a publication from the FTC.
- Treat your mail and trash carefully.
- Deposit your 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.
To opt out of receiving offers of
credit in the mail, call: 1-888-5-OPTOUT
(1-888-567-8688). The three nationwide
consumer reporting companies use the
same toll-free number to let consumers
choose not to receive credit offers
based on their lists. Note:
You will be asked to provide your
SSN which the consumer reporting companies
need to match you with your file.
- Don't carry your SSN card; leave it
in a secure place.
- Give your SSN only when absolutely necessary,
and ask to use other types of identifiers.
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 policy number.
- Carry only the identification information
and the credit and debit cards that you'll
actually need when you go out.
- Be cautious when responding to promotions.
Identity thieves may create phony promotional
offers to get you to give them your personal
information.
- Keep your purse or wallet in a safe
place at work; do the same with copies
of administrative forms that have your
sensitive personal information.
- When ordering new checks, pick them
up from the bank instead of having them
mailed to your home mailbox.
A Special Word About Social Security
Numbers
Your employer and financial institutions
will need your SSN for wage and tax
reporting purposes. Other businesses
may ask you for your SSN to do a credit
check if you are applying for a loan,
renting an apartment, or signing up
for utilities. Sometimes, however,
they simply want your SSN for general
record keeping. Ifsomeone asks for
your SSN, ask:
- Why do you need my SSN?
- How will my SSN be used?
- How do you protect my SSN from
being stolen?
- What will happen if I don't give
you my SSN?
If you don't provide your SSN, some
businesses may not provide you with
the service or benefit you want. Getting
satisfactory answers to these questions
will help you decide whether you want
to share your SSN with the business.
The decision to share is yours. |
The Doors and Windows Are Locked, But .
. .
You may be careful about
locking your doors and windows,
and keeping your personal papers
in a secure place. Depending on what you
use your personal computer for, an identity
thief may not need to set foot in your house
to steal your personal information. You
may store your SSN, financial records, tax
returns, birth date, and bank account numbers
on your computer. These tips can help you
keep your computer - and the personal information
it stores - safe.
- Virus protection software should be
updated regularly, and patches for your
operating system and other software programs
should be installed to protect against
intrusions and infections that can lead
to the compromise of your computer files
or passwords. Ideally, virus protection
software should be set to automatically
update each week. The Windows XP operating
system also can be set to automatically
check for patches and download them to
your computer.
- Do not open files sent to you by strangers,
or click on hyperlinks or download programs
from people you don't know. Be careful
about using file-sharing programs. Opening
a file could expose your system to a computer
virus or a program known as "spyware,"
which could capture your passwords or
any other information as you type it into
your keyboard. For more information, see
File Sharing: A Fair Share? Maybe
Not and Spyware,
publications from the FTC.
- Use a firewall program, especially if
you use a high-speed Internet connection
like cable, DSL or T-1 that leaves your
computer connected to the Internet 24
hours a day. The firewall program will
allow you to stop uninvited access to
your computer. Without it, hackers can
take over your computer, access the personal
information stored on it, or use
it to commit other crimes.
- Use a secure browser - software that
encrypts or scrambles information you
send over the Internet -to guard your
online transactions. Be sure your browser
has the most up-to-date encryption capabilities
by using the latest version available
from the manufacturer. You also can download
some browsers for free over the Internet.
When submitting information, look for
the "lock" icon on the browser's
status bar to be sure your information
is secure during transmission.
- Try not to store financial information
on your laptop unless absolutely necessary.
If you do, use a strong password a combination
of letters (upper and lower case), numbers
and symbols. A good way to create a strong
password is to think of a memorable phrase
and use the first letter of each word
as your password, converting some letters
into numbers that resemble letters. For
example, "I love Felix; he's a good
cat," would become 1LFHA6c. Don't
use an automatic log-in feature that saves
your user name and password, and always
log off when you're finished. That way,
if your laptop is stolen, it's harder
for a thief to access your personal information.
- Before you dispose of a computer, delete
all the personal information it stored.
Deleting files using the keyboard or mouse
commands or reformatting your hard drive
may not be enough because the files may
stay on the computer's hard drive, where
they may be retrieved easily. Use a "wipe"
utility program to overwrite the entire
hard drive.
- Look for website privacy policies. They
should answer questions about maintaining
accuracy, access, security, and control
of personal information collected by the
site, how the information will be used,
and whether it will be provided to third
parties. If you don't see a privacy policy
- or if you can't understand it - consider
doing business elsewhere.
For more information,
see Site-Seeing
on the Internet: A Traveler's Guide to Cyberspace,
a publication from the FTC.
APPENDIX
It's The Law
Federal Law
The Identity Theft and
Assumption Deterrence Act, enacted by Congress
in October 1998 (and codified, in part,
at 18 U.S.C. §1028) makes identity
theft a federal crime.
Under federal criminal
law, identity theft takes place when someone
"knowingly transfers, possesses or
uses, without lawful authority, a means
of identification of another person with
the intent to commit, or to aid or abet,
or in connection with, any unlawful activity
that constitutes a violation of federal
law, or that constitutes a felony under
any applicable state or local law."
Under this definition,
a name or Social Security number is considered
a "means of identification." So
is a credit card number, cellular telephone
electronic serial number, or any other piece
of information that may be used alone or
in conjunction with other information to
identify a specific individual.
Violations of the federal
crime are investigated by federal law enforcement
agencies, including the U.S. Secret Service,
the FBI, the U.S. Postal Inspection Service,
and the Social Security Administration's
Office of the Inspector General. Federal
identity theft cases are prosecuted by the
U.S. Department of Justice.
For the purposes of the
law, the FCRA defines identity theft to
apply to consumers and businesses.
State Laws
Many states have passed
laws making identity theft a crime or providing
help in recovery from identity theft; others
are considering such legislation. Where
specific criminal identity theft laws do
not exist, the practices may be prohibited
under other laws. Contact your state Attorney
General (for a list of state offices, visit
www.naag.org)
or local consumer protection agency for
laws related to identity theft, or visit
www.consumer.gov/idtheft.
Instructions
for Completing the ID Theft Affidavit/ID
Theft Affidavit
[PDF only]
Annual
Credit Report Request Form [PDF
only]
Privacy Policy
When you contact us with
complaints or requests for information,
you can do it online at www.consumer.gov/idtheft;
by telephone, toll-free at 1-877-ID-THEFT
(438-4338); or by mail: Federal Trade Commission,
Identity Theft Clearinghouse, 600 Pennsylvania
Avenue, NW, Washington, DC 20580. Before
you contact us, there are a few things you
should know.
We enter the information
you send into the Identity Theft Clearinghouse,
an electronic database. The Clearinghouse
is a system of records covered under the
Privacy Act of 1974. In general, the Privacy
Act prohibits unauthorized disclosures of
the records it protects. It also gives individuals
the right to review records about themselves.
Learn more about your Privacy Act rights
and the FTC's Privacy Act procedures by
contacting the FTC's Freedom of Information
Act Office: 202-326-2430; www.ftc.gov/foia/privacy_act.htm.
The information you submit
is shared with FTC attorneys and investigators.
It also may be shared with employees of
various federal, state, or local law enforcement
or regulatory authorities. The FTC also
may share your information with some private
entities, such as consumer reporting companies
and any companies you may have complained
about, where it believes that doing so might
help resolve identity theft-related problems.
You may be contacted by the FTC or any of
the agencies or private entities to whom
your complaint has been referred. In some
limited circumstances, including requests
from Congress, the FTC may be required by
law to disclose information you submit.
You have the option to
submit your information anonymously. However,
if you do not provide your name and contact
information, law enforcement agencies and
other organizations will not be able to
contact you for more information to help
in identity theft investigations and prosecutions.
1-877-ID-THEFT
(1-877-438-4338)
www.consumer.gov/idtheft
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