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. See
What are the first steps I should take if I am a victim of
identity theft? and How do I prove that I'm an identity
theft victim?
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. Use
Chart Your Course of Action.
- 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. For more information about fraud alerts,
see What are fraud alerts and victim
statements?
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. See
What should I look for
on a credit report to indicate identity theft? and
How I do correct inaccurate information on my credit report?
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. See
What should I do about unauthorized charges on my credit cards?
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. See Creditor Documentation
in How do I prove that
I'm an identity theft victim? For more information
on closing accounts see
What do I do if someone
has tampered with my existing accounts?
and
What do I do if someone has opened new
credit accounts in my name?
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. See How do I prove
that I'm an identity theft victim? or What should I do
if the local police will not take a report from me?
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
Filing a Complaint with the FTC.
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. See How do I correct inaccurate
information on my credit report? or
How to Dispute Credit Report Errors.
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: |
California |
$8.00 |
$8.00 |
Colorado |
Free |
$8.00 |
Connecticut |
$5.00 |
$7.50 |
Georgia |
2 Free Reports |
$9.00 |
Maine |
$2.00 |
$2.00 |
Maryland |
Free |
$5.00 |
Massachusetts |
Free |
$8.00 |
Minnesota |
$3.00 |
$9.00 |
Montana |
$8.50 |
$8.50 |
New Jersey |
Free |
$8.00 |
U.S. Virgin
Islands |
$1.00 |
$1.00 |
Vermont |
Free |
$7.50 |
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 (see
Laws), it's important to also follow the dispute procedures
outlined in How do I
correct inaccurate information on my credit reports?
Contact the credit bureaus to find out more about how this
initiative works. If you're having trouble getting a
police report, see What should I do if the local police will
not take a report from me?
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.
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 should I do if
the local police will not take a report from me?
There are efforts at the federal, state and local level to
ensure that local law enforcement agencies understand identity
theft, its impact on victims, and the importance of taking a police
report. However, we still hear that some departments are not taking
reports. The following tips may help you to get a report if you're
having difficulties:
-
Furnish as much documentation as you can to
prove your case. Debt collection letters, credit reports, your
notarized
ID Theft
Affidavit, and other evidence of fraudulent
activity can help demonstrate the seriousness of your case.
- Be persistent if local authorities
tell you that they can't take a report. Stress the importance
of a police report; many creditors require one to resolve your
dispute. Remind them that credit bureaus will automatically block the fraudulent
accounts and bad debts from appearing on your credit report,
but only if you can give them a copy of the police report.
- If you're told that identity theft
is not a crime under your
state law, ask to file a Miscellaneous
Incident Report instead.
- If you can't get the local police
to take a report, try your county police. If that doesn't work,
try your state police.
-
Some states
require the police to take reports for identity theft.
Check with the office of your State Attorney General to find
out if your state has this law.
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. If the company doesn't have special forms,
you can use this
sample letter. See
What should I
do about unauthorized charges on my credit cards? and
How do I get back money that was stolen from my debit card account
or through other electronic fund transfers?
-
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. See Creditor Documentation
in
How do I prove that
I'm an identity theft victim?
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.
Your letter may look something like this
sample.
-
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.
For more information, see
Fair Credit Billing and
Avoiding Credit and Charge Card Fraud.
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.
Note: VISA and MasterCard have voluntarily
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.
For more information, see
Electronic
Banking and Credit, ATM and Debit Cards: What to do if They're
Lost or Stolen
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 or visit
www.ffiec.gov/nic.htm
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 at 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 12 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: 1-800-613-6743 (business days 9:00
a.m. to 4:00 p.m. CST); fax: 713-336-4301; 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, which include savings banks and savings
and loan institutions.
Call: 202-906-6000; or write: Office of Thrift
Supervision, 1700 G Street, NW, Washington, DC 20552.
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. See Creditor Documentation
in
How do I prove
that I'm an identity
theft victim?
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?
The Fair Credit Reporting Act (FCRA) establishes procedures
for correcting mistakes on your credit record and requires that
your record be made available only for certain legitimate business
needs.
Under the FCRA, both the credit bureau and
the organization that provided the information to the credit bureau
(the "information provider"), such as a bank or credit card company,
are responsible for correcting inaccurate or incomplete information
in your report. To protect your rights under the law, contact
both the credit bureau and the information provider.
First, call the credit bureau and follow up
in writing. Tell them what information you believe is inaccurate.
Include copies (NOT originals) of documents that support your
position. In addition to providing your complete name and address,
your letter should clearly identify each item in your report that
you dispute, give the facts and explain why you dispute the information,
and request deletion or correction. You may want to enclose a
copy of your report with circles around the items in question.
Your letter may look something like this
sample. Send your letter
by certified mail, and request a return receipt so you can document
what the credit bureau received and when. Keep copies of your
dispute letter and enclosures.
Credit bureaus must investigate the items in
question - within 30 or 45 days
(depending on whether you provide additional
information) - unless they consider your
dispute frivolous. They also must forward all relevant data you
provide about the dispute to the information provider. After the
information provider receives notice of a dispute from the credit
bureau, it must investigate, review all relevant information provided
by the credit bureau and report the results to the credit bureau.
If the information provider finds the disputed information to
be inaccurate, it must notify any nationwide credit bureau that
it reports to so that the credit bureaus can correct this information
in your file. Note that:
- Disputed information that cannot be
verified must be deleted from your file.
- If your report contains erroneous
information, the credit bureau must correct it.
- If an item is incomplete, the credit
bureau must complete it. For example, if your file shows that
you have been late making payments, but fails to show that you
are no longer delinquent, the credit bureau must show that you're
current.
- If your file shows an account that
belongs to someone else, the credit bureau must delete it.
When the investigation is complete, the credit
bureau must give you the written results and a free copy of your
report if the dispute results in a change. If an item is changed
or removed, the credit bureau cannot put the disputed information
back in your file unless the information provider verifies its
accuracy and completeness, and the credit bureau gives you a written
notice that includes the name, address and phone number of the
information provider.
If you request, the credit bureau must send
notices of corrections to anyone who received your report in the
past six months. Job applicants can have a corrected copy of their
report sent to anyone who received a copy during the past two
years for employment purposes. If an investigation does not resolve
your dispute, ask the credit bureau to include your statement
of the dispute in your file and in future reports.
Second, in addition to writing to the credit
bureau, tell the creditor or other information provider in writing
that you dispute an item. Again, include copies (NOT originals)
of documents that support your position. Many information providers
specify an address for disputes. If the information provider then
reports the item to any credit bureau, it must include a notice
of your dispute. In addition, if you are correct - that is, if
the disputed information is not accurate - the information provider
may not use it again.
For more information, consult
How to Dispute Credit Report Errors
and
Fair Credit Reporting.
If you provide a copy of your police report,
the credit bureaus will automatically block the inaccurate information
from appearing on your credit reports sent to companies that request
your report. This may take up to 30 days. The credit bureaus have
the right to remove the block, if they believe it was wrongly
placed. Except in a few states which have made it a
law, blocking
the inaccurate information based on a police report is a voluntary
initiative by the credit bureaus. It is not part of the FCRA,
therefore it's still important to follow all the steps previously
mentioned in order to obtain the full benefits due you under the
law. Contact the credit bureaus to find out more about how this
initiative works. If you're having trouble
getting a police report, see What should I do if the local police
will not take a report from me?
How do I stop debt collectors
from contacting me?
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.
You can stop a debt collector from contacting
you by writing 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.
A collector also may not contact you if, within
30 days after you receive the written notice, you send the collection
agency a letter stating you do not owe the money. In this case,
a collector can renew collection activities if you are sent proof
of the debt. So, along with your letter stating you don't owe
the money, include copies of documents that support your position.
Including a copy (NOT an original) of the police report you filed
may be particularly useful.
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 in dispute originates
from a credit card you never applied for, ask for the actual application
containing the applicant's signature. You can then prove that
it's not your signature on the application. However, in many cases,
the debt collector will not send you any proof, but will instead
return the debt to the creditor.
Remember, while you can stop the debt collectors
from contacting you, that won't necessarily get rid of the debt
itself. It's important to contact the creditors individually to
dispute the debt otherwise the creditor may send it to a different
debt collector, report it on your credit report, or institute
a lawsuit.
For more information, consult
Fair Debt
Collection.
What do I do if someone
has filed for bankruptcy in my name?
If you believe someone has filed for bankruptcy in your name,
write to the U.S. Trustee (UST) in the region where the bankruptcy
was filed. A list of the U.S. Trustee Programs's Regional Offices
is available on the UST Web site, or check the Blue Pages of your
phone book under U.S. Government Bankruptcy Administration.
Your letter should describe the situation and
provide proof of your identity. The U.S. Trustee, if appropriate,
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.
Those documents are available from the bankruptcy clerk's office
for a fee.
For more information, see U. S. Trustee -
www.usdoj.gov/ust
What do I do about criminal
records made in my name?
Although procedures to correct your record within criminal
justice databases vary from state to state, and even from county
to county, the following information can be used as a general
guide.
If criminal violations are wrongfully attributed
to your name, contact the arresting or citing law enforcement
agency - that is, 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
to confirm your identity. The police department may take a full
set of your fingerprints and your photograph, and copies any photo
identification documents like your driver's license, passport
or visa. They should compare the prints and photographs with those
of the imposter to establish your innocence. 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.
Also, ask the law enforcement agency to file, with the district
attorney's (D.A.) office and/or court where the crime took place,
the record of the follow-up investigation establishing your innocence.
This will result in an amended complaint being issued. 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 only as an alias.
You'll also want to clear your name in the
court records. You'll need to determine which state law(s) will
help you do 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.
Finally, contact your state 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.
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.
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 investment
transactions made in my name?
The U.S. Securities and Exchange Commission's (SEC) 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
using the online Complaint Center at:
www.sec.gov/complaint.shtml.
Be sure to include as much detail as possible.
If you don't have access to the Internet, you can write to the
SEC at: SEC Office of Investor Education and Assistance, 450 Fifth
Street, NW, Washington DC, 20549-0213. For general questions,
call 202-942-7040.) For general information:
www.sec.gov.
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 district office
nearest you by calling your local post office or checking the
list at
www.usps.gov/websites/depart/inspect.
What do I do if my passport
is lost or stolen?
If you've lost your passport or believe it was stolen, or
is being used fraudulently, contact the United States Department
of State (USDS) at
www.travel.state.gov/passport_services.html or call a local
USDS field office. Local field offices are listed in the Blue
Pages of your telephone directory.
What do I do if the
thief has obtained phone service in my name?
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 from the list below.
For local service, contact your state Public
Utility Commission, listed in the Blue Pages of your telephone
directory.
For cellular phones and long distance, contact
the Federal Communications Commission (FCC) -
www.fcc.gov. The FCC regulates interstate
and international communications by radio, television, wire, satellite
and cable. You can contact the FCC's Consumer Information Bureau
to find out about information, forms, applications and current
issues before the FCC. 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 via the online complaint form at
www.fcc.gov/cgb/complaints.html, or e-mail questions to
fccinfo@fcc.gov.
What do I do
if the thief has used my identity to take out a student loan?
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:
Inspector General's Hotline at 1-800-MIS-USED
Online:
http://www.ed.gov/offices/OIG/hotline.htm
Write:
Office of Inspector General
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1510
What do I do if the
thief is using my identity to file tax returns?
The Internal Revenue Service (IRS) (www.treas.gov/irs/ci)
is responsible for administering and enforcing tax laws. If you
believe someone has assumed your identity to file federal Income
Tax Returns, or to commit other tax fraud, call toll-free: 1-800-829-0433.
Victims of identity theft who are having trouble filing their
returns should call the IRS Taxpayer Advocates Office, toll-free:
1-877-777-4778.
When should I contact
the Social Security Administration?
The Social Security Administration's Office of the Inspector
General investigates cases that involve the use of your SSN
to fraudulently obtain Social Security benefits. They also investigate
cases that involve the use of counterfeit SSN cards, the manufacturing
or selling of counterfeit SSN cards, the selling of legitimate
SSN cards or information, or the misuse of SSNs linked to terrorist
groups or activities. Report any of these allegations to the SSA
Fraud Hotline. Call: 1-800- 269-0271; fax: 410-597-0118; write:
SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235; or e-mail:
oig.hotline@ssa.gov.
You also can call SSA at 1-800-772-1213 to
verify the accuracy of the earnings reported on your SSN, and
to request a copy of your Social Security Statement or to get
a replacement SSN card if yours is lost or stolen. Follow up in
writing.
For more information:
http://www.ssa.gov/pubs/idtheft.htm
SSA publications:
Should I apply for a
new Social Security number?
Under certain circumstances, the Social Security Administration
may issue you a new SSN - at your request - if, after trying to
resolve the problems brought on by identity theft, you continue
to experience problems. Consider this option carefully. A new
SSN may not resolve your identity theft problems, and may actually
create new problems. For example, a new SSN does not necessarily
ensure a new credit record because credit bureaus may combine
the credit records from your old SSN with those from your new
SSN. Even when the old credit information is not associated with
your new SSN, the absence of any credit history under your new
SSN may make it more difficult for you to get credit. And finally,
there's no guarantee that a new SSN wouldn't also be misused by
an identity thief.
Should I use a credit
monitoring service?
A variety of commercial services are available, for a fee,
that will monitor your credit reports for activity and alert you
to changes; prices and services vary widely.
Many of the services
only monitor one of the three major credit bureaus. As with any
product or service, make sure you understand what you're getting
before you buy. Also, check out any company you're not familiar
with before doing business with them. Contact your local consumer
protection agency or the Better Business Bureau to find out if
they have any complaints on file.
Should I buy identity
theft insurance?
Some companies offer insurance or similar products that claim
to give you protection against the costs associated with resolving
an identity theft case. As with any product or service, make
sure you understand what you're getting before you buy.
Be aware that most creditors will only
deal with you to resolve problems, so the insurance company in
most cases will not be able to reduce that burden.
Contact your local consumer protection agency or the
Better Business Bureau to find out if they have any complaints
on file.
Can a credit repair
company clear up my record for me?
Claims by companies that they can clear up your credit record
are often misleading or false. Identity theft victims, in particular,
need to clear up debts with the original creditor. Most companies
won't deal with a third party. For more information see
Credit Repair: Self-Help May Be Best.
What should I do if
I've done everything you've advised, and I am still having problems?
There are cases where victims do everything right and still
spend years dealing with problems related to identity theft. The
good news is that most victims can get their cases resolved by
being vigilant, assertive and organized. Don't procrastinate on
contacting companies to address the problems. Don't be afraid
to go up the chain of command or make complaints, if necessary.
Keep organized files. If you haven't filed
a complaint with the FTC or updated it, you should do so and provide
details of the problems that you are having. You also can call
our hotline (1-877-IDTHEFT) to talk with one of our counselors
or, for individual counseling, contact one of the non-profit victim
associations listed in Helpful Links. If your problems are stemming
from a failure of a party to perform its legal obligations, you
may want to consult an attorney who specializes in such violations.
Contact Legal Services in your state or your local bar association
for help in finding an attorney.
|