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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.
It's particularly important to notify credit card
companies in writing. See What do I do if someone has tampered with my
existing accounts? See
What should I do about unauthorized charges on my
credit cards?
See
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 - http://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 - http://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 - http://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: Getting
documentation from a creditor may be difficult, but
you should try. Creditors' policies on confidentiality
and record keeping vary and may prevent you from
getting the paperwork you need to prove you didn't
make a transaction. On the upside, most victims can
get accounts closed and debts dismissed by completing
the creditor's fraud paperwork, or the ID Theft
Affidavit, and including a copy of a police report.
Insist on 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
defense if errors reappear or your personal
information gets re-circulated. This letter also is
the best document to give credit bureaus and debt
collectors if your police report and ID Theft
Affidavit aren't enough to resolve your problems with
them.
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.
What do I do if
someone has tampered with my existing
accounts?
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) - http://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) - http://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) - http://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) - http://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)
- http://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. Try to get
them to give you as much documentation of the fraudulent
transaction or information about the identity thief as
you can.
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: http://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) - http://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. |