Table of Contents

Introduction ...... 1 How Identity Occurs ...... 3 Minimize Your Risk ...... 5 What You Can Do Today ...... 5 Maintaining Vigilance ...... 5 The Doors and Windows Are Locked, but ...... 7 Choosing to Share Personal Information – or Not ...... 9 Credit Bureaus...... 9 Department of Motor Vehicles ...... 10 Direct Marketers ...... 10 If You’re a Victim ...... 11 Your First Four Steps ...... 11 Credit Accounts ...... 12 ATM Cards ...... 12 Checks ...... 12 Chart Your Course of Action...... 14 Resolving Credit Problems ...... 15 Credit Reports ...... 15 Credit Cards ...... 17 Debt Collectors ...... 18 ATM Cards, Debit Cards and Electronic Fund Transfers ...... 19 Specific Problems...... 21 Bank ...... 21 Fraud...... 21 Criminal Violations ...... 22 Fake Driver’s License ...... 22 Investment Fraud ...... 22 Mail Theft ...... 23 Fraud...... 23 ...... 23 Theft and Misuse ...... 23 Tax Fraud ...... 24 It’s the Law ...... 25 Federal Law...... 25 State Law ...... 25 Appendix ...... 27 Instructions for Completing the ID Theft Affidavit ...... 27 ID Theft Affidavit ...... 29 Introduction

My purse was stolen in December 1990. In February 1991, I started getting notices of bounced checks. About a year later, I received information that someone using my identity had defaulted on a number of lease agreements and bought a car. In 1997, I learned that someone had been working under my Social Security number for a number of years. A man had been arrested and used my SSN on his arrest sheet. There’s a hit in the FBI computers for my SSN with a different name and gender. I can’t get credit because of this situation. I was denied a mortgage loan, employ- ment, credit cards, and medical care for my children. I’ve even had auto insurance denied, medical insurance and tuition assistance denied.

From a consumer complaint to the FTC, January 2, 2001

n the course of a busy day, curity number (SSN); or your mation and appropriates it without you may write a check at name, address and phone num- your knowledge to commit fraud Ithe grocery store, charge tick- bers. An identity thief co-opts or theft. An all-too-common ex- ets to a ball game, rent a car, mail some piece of your personal infor- ample is when an identity thief uses your tax returns, call home on your personal information your cell phone, order to open a ac- new checks or apply count in your name. for a credit card. Identity theft is a Chances are serious . you don’t People whose give these identities have everyday been stolen can transac- spend months or tions a sec- years – and thou- ond thought. sands of dollars – But someone A cleaning up the dm it O else may. ne mess the The 1990’s thieves have spawned a new made of their variety of crooks good name and called identity credit record. In thieves. Their stock in trade the meantime, is your everyday transac- victims may lose job tion. Each transaction re- opportunities, be quires you to share per- refused loans for sonal information: education, housing, your bank and cars, or even be credit card ac- arrested for count numbers; they didn’t commit. your income; Humiliation, anger your Social Se- and frustration are

1 common feelings victims experi- plaint and advise you on how to ence as they navigate the ardu- deal with the credit-related ous process of reclaiming their problems that could result. In identity. addition, the FTC, in conjunction Perhaps you’ve received your with banks, credit grantors and first call from a collections agent consumer advocates, has devel- demanding payment on a loan oped the ID Theft Affidavit to you never took out – for a car help victims of ID theft restore you never bought. Maybe you’ve their good names. The ID Theft already spent a significant Affidavit, a form that can be amount of time and money used to report information to calling financial institutions, many organizations, simplifies canceling accounts, struggling to the process of disputing charges regain your good name and with companies where a new credit. Or maybe your wallet’s account was opened in your been stolen, or you’ve just heard name. For a copy of the ID Theft about identity theft for the first Affidavit, see page 29 or visit time on the nightly news, and the ID Theft Website at you’d like to know more about www.consumer.gov/idtheft. protecting yourself from this Probably not, especially if The Hotline and Website devastating crime. This booklet someone is determined to com- give you one place to report the is for you. mit the crime. But you can theft to the federal government The Federal Trade Commis- minimize your risk by managing and receive helpful information. sion (FTC), working with other your personal information wisely The FTC puts your information government agencies and organi- and cautiously. into a secure consumer fraud zations, has produced this If you’ve been a victim of database where it can be used to booklet to help you guard against identity theft, call the FTC’s help other law enforcement and recover from identity theft. Identity Theft Hotline toll-free at agencies and private entities in Can you completely prevent 1-877-IDTHEFT (438-4338). their investigations and victim identity theft from occurring? Counselors will take your com- assistance.

2 How Identity Theft Occurs

My wallet was stolen in December 1998. There’s been no end to the problems I’ve faced since then. The thieves used my identity to write checks, use a debit card, open a bank account with a line of credit, open credit accounts with several stores, obtain cell phones and run up huge bills, print fraudulent checks on a personal com- puter bearing my name, and more. I’ve spent the last two years trying to repair my credit report (a very frustrating process) and have suffered the ill effects of having a marred . I’ve recently been denied a student loan because of inaccurate information on my credit report.

From a consumer complaint to the FTC, February 22, 2001

espite your best efforts to manage the flow of your How identity thieves get your Dpersonal information or to personal information: keep it to yourself, skilled identity thieves may use a ■ They steal wallets and purses containing variety of methods your identification and credit and bank – low- and hi- cards. ■ tech – to gain They steal your mail, including your bank and credit card statements, pre-approved access to your credit offers, new checks, and tax informa- data. Here are tion. some of the ways ■ They complete a “change of address form” imposters can get to divert your mail to another location. your personal ■ They rummage through your trash, or the information and trash of businesses, for in a take over your practice known as “dumpster diving.” identity. ■ They fraudulently obtain your credit report by posing as a landlord, employer or someone else who may have a legitimate need for, and legal right to, the information. ■ They find personal information in your home. ■ They use personal information you share on the Internet. ■ They scam you, often through email, by posing as legitimate companies or govern- ment agencies you do business with. ■ They get your information from the work- place in a practice known as “business record theft” by: stealing files out of offices where you’re a customer, employee, patient or student; bribing an employee who has access to your files; or “hacking” into elec- tronic files.

3 How identity thieves use your personal information:

■ They call your credit card issuer and, pretending to be you, ask to change the mailing address on your credit card account. The imposter then runs up charges on your account. Because your bills are being sent to the new address, it may take some time before you realize there’s a problem. ■ They open a new credit card account, using your name, date of birth and SSN. When they use the credit card and don’t pay the bills, the delinquent account is reported on your credit report. ■ They establish phone or wireless service in your name. ■ They open a bank account in your name and write bad checks on that account. ■ They file for bankruptcy under your name to avoid paying debts they’ve incurred under your name, or to avoid eviction. ■ They counterfeit checks or debit cards, and drain your bank account. ■ They buy cars by taking out auto loans in your name. ■ They give your name to the police during an arrest. If they’re released from police custody, but don’t show up for their court date, an arrest warrant is issued in your name.

4 Minimize Your Risk

I’m tired of the hours I’ve spent on the phone and all the faxing I’ve had to do. When will it be over?

From a consumer complaint to the FTC, March 13, 2001

Tomorrow is Sunday so we won’t get any notices, but I’m not looking forward to Monday’s mail.

From a consumer complaint to the FTC, November 13, 2001

hile you probably can’t prevent identity CREDIT BUREAUS Wtheft entirely, you can minimize your risk. By managing – www.equifax.com your personal information wisely, To order your report, call: 800-685-1111 cautiously and with an awareness To report fraud, call: 800-525-6285/ of the issue, you can help guard TDD 800-255-0056 and write: against identity theft. P.O. Box 740241, Atlanta, GA 30374-0241 What You Can Do Today – www.experian.com • Order a copy of your credit To order your report, call: 888-EXPERIAN (397-3742) report from each of the three To report fraud, call: 888-EXPERIAN (397-3742)/ TDD 800-972-0322 and write: major credit bureaus. Your P.O. Box 9532, Allen TX 75013 credit report contains information on where you work and live, the TransUnion – www.transunion.com credit accounts that have been To order your report, call: 800-888-4213 opened in your name, how you To report fraud, call: 800-680-7289/ pay your bills and whether TDD 877-553-7803; fax: 714-447-6034; email: you’ve been sued, arrested or [email protected] or write: Fraud Victim Assistance filed for bankruptcy. Make sure Department, P.O. Box 6790, Fullerton, CA 92834-6790 it’s accurate and includes only those activities you’ve autho- rized. By law, credit bureaus can charge you no more than $9 for a or a series of consecutive num- • Ask about information secu- copy of your credit report. See bers. When opening new ac- rity procedures in your work- “Credit Reports” on page 15 for counts, you may find that many place. Find out who has access to details about removing fraudu- businesses still have a line on your personal information and lent and inaccurate information their applications for your verify that records are kept in a from your credit report. mother’s maiden name. Use a secure location. Ask about the instead. disposal procedures for those • Place on your records as well. credit card, bank and phone • Secure personal information accounts. Avoid using easily in your home, especially if you Maintaining Vigilance available information like your have roommates, employ outside • Order a copy of your credit mother’s maiden name, your help or are having service work report from each of the three birth date, the last four digits of done in your home. major credit bureaus once a year. your SSN or your phone number,

5 By checking your report on a regular basis you can catch A SPECIAL WORD ABOUT mistakes and fraud before they SOCIAL SECURITY NUMBERS wreak havoc on your personal finances. Don’t underestimate the Your employer and financial institution will likely importance of this step. One of the need your SSN for wage and tax reporting purposes. most common ways that consum- Other businesses may ask you for your SSN to do a ers find out that they’re victims of credit check, like when you apply for a loan, rent an identity theft is when they try to apartment, or sign up for utilities. Sometimes, how- make a major purchase, like a ever, they simply want your SSN for general record house or a car. The deal can be keeping. You don’t have to give a business your SSN lost or delayed while the credit just because they ask for it. If someone asks for your report mess is straightened out. SSN, ask the following questions: Knowing what’s in your credit ■ report allows you to fix problems Why do you need my SSN? ■ before they jeopardize a major How will my SSN be used? ■ What law requires me to give you my SSN? financial transaction. ■ What will happen if I don’t give you my SSN?

• Don’t give out personal informa- Sometimes a business may not provide you with the tion on the phone, through the service or benefit you’re seeking if you don’t provide mail or over the Internet unless your SSN. Getting answers to these questions will you’ve initiated the contact or are help you decide whether you want to share your SSN sure you know who you’re with the business. Remember – the decision is yours. dealing with. Identity thieves may pose as representatives of banks, Internet service providers (ISPs) remove mail from your mailbox. • Before revealing any personally and even government agencies to If you’re planning to be away identifying information (for get you to reveal your SSN, from home and can’t pick up example, on an application), find mother’s maiden name, account your mail, call the U.S. Postal out how it will be used and numbers and other identifying Service at 1-800-275-8777 to secured, and whether it will be information. Before you share any request a vacation hold. The shared with others. Ask if you personal information, confirm that Postal Service will hold your have a choice about the use of you are dealing with a legitimate mail at your local post office your information. Can you choose organization. You can check the until you can pick it up or are to have it kept confidential? organization’s website as many home to receive it. companies post scam alerts when To thwart an identity thief who • Don’t carry your SSN card; their name is used improperly, or may pick through your trash or leave it in a secure place. you can call customer service recycling bins to capture your using the number listed on your personal information, tear or • Give your SSN only when account statement or in the tele- shred your charge receipts, absolutely necessary. Ask to use phone book. copies of credit applications, other types of identifiers when insurance forms, physician possible. If your state uses your • Guard your mail and trash from statements, checks and bank SSN as your driver’s license theft. statements, expired charge cards number, ask to substitute another Deposit outgoing mail in post that you’re discarding, and number. office collection boxes or at your credit offers you get in the mail. local post office, rather than in an • Carry only the identification unsecured mailbox. Promptly information and the number of

6 goldmine to an identity thief. The following tips can help you keep your computer and your personal information safe.

• Update your virus protection software regularly, or when a new virus alert is announced. Com- puter viruses can have a variety of damaging effects, including introducing program code that causes your computer to send out files or other stored information. Be on the alert for security repairs and patches that you can download from your operating system’s website.

• Do not download files sent to you by strangers or click on hyperlinks from people you don’t know. Opening a file could expose your system to a com- puter virus or a program that could hijack your modem.

• Use a firewall program, espe- cially if you use a high-speed Internet connection like cable, DSL or T-1, which leaves your computer connected to the credit and debit cards that you’ll • Keep your purse or wallet in a Internet 24 hours a day. The actually need. safe place at work. firewall program will allow you to stop uninvited guests from • Pay attention to your billing The Doors and Windows accessing your computer. Without cycles. Follow up with creditors Are Locked, but . . . it, hackers can take over your if your bills don’t arrive on time. You may be careful about computer and access your per- A missing credit card bill could locking your doors and windows, sonal information stored on it or mean an identity thief has taken and keeping your personal papers use it to commit other crimes. over your account and changed in a secure place. But, depending your billing address to cover his on what you use your personal • Use a secure browser – soft- tracks. computer for, an identity thief ware that encrypts or scrambles may not need to set foot in your information you send over the • Be wary of promotional scams. house to steal your personal Internet – to guard the security of Identity thieves may use phony information. SSNs, financial your online transactions. Be sure offers to get you to give them records, tax returns, birth dates, your browser has the most up-to- your personal information. and bank account numbers may date capabilities by be stored in your computer – a

7 using the latest version available from the manu- facturer. You also can down- load 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 infor- mation on your unless absolutely neces- information, see Clearing sary. If you do, use a strong Information From Your password – a combination of Computer’s Hard Drive letters (upper and lowers case), (www.hq.nasa.gov/office/oig/ numbers and symbols. Don’t use hq/harddrive.pdf) from the an automatic log-in feature which National Aeronautics and Space saves your user name and Administration (NASA). password so you don’t have to enter them each time you log-in • Look for website or enter a site. And always log policies. They answer questions off when you’re finished. That about maintaining accuracy, way, if your laptop gets stolen, access, security, and control of it’s harder for the thief to access personal information collected by your personal information. the site, as well as how informa- tion will be used, and whether it • Before you dispose of a com- will be provided to third parties. puter, delete personal informa- If you don’t see a privacy policy, tion. Deleting files using the consider surfing elsewhere. keyboard or mouse commands For more information, see may not be enough because the Site-Seeing on the Internet: A files may stay on the computer’s Traveler’s Guide to Cyberspace hard drive, where they may be from the FTC at www.ftc.gov. easily retrieved. Use a “wipe” utility program to overwrite the entire hard drive. It makes the files unrecoverable. For more

8 Choosing to Share Your Personal Information – or Not

In November 2000, I found out that someone used my information to obtain a cell phone. Since then, I’ve been living a nightmare. My credit report is a mess. It’s a full-time job to investigate and correct the information.

From a consumer complaint to the FTC, April 3, 2001

ur economy generates an To opt out of receiving pre- number to let consumers choose enormous amount of screened credit card offers, call: to not receive pre-screened credit Odata. Most users of that 1-888-5-OPTOUT (1-888-567- offers. information are from honest 8688). The three major credit businesses – getting and giving bureaus use the same toll-free Marketing Lists legitimate information. Despite In addition, you can notify the the benefits of the information three major credit bureaus that age, some consumers may want you do not want personal infor- to limit the amount of personal mation about you shared for information they share. And they O can: More organizations are PT O UT offering people choices about OPT OUT T how their personal information is OU OPT used. For example, many feature an “opt-out” choice that limits the information shared with others or used for promotional purposes. When you “opt-out,” you may cut down on the number of unsolic- ited telemarketing calls, promo- tional mail and spam emails that you receive. Learn more about the options you have for protect- ing your personal information by contacting the following organi- zations. Credit Bureaus

Pre-Screened Credit Offers If you receive pre-screened credit card offers in the mail (namely, those based upon your credit data), but don’t tear them up after you decide you don’t want to accept the offer, identity thieves could retrieve the offers for their own use without your knowledge.

9 promotional purposes. To ask the receive fewer telemarketing calls three major credit bureaus not to within three months of register- share your personal information, ing your number. It will stay in write to: the registry for five years or until it is disconnected or you take it Equifax, Inc. off the registry. After five years, Options you will be able to renew your PO Box 740123 registration. Atlanta, GA 30374-0123 Mail Experian The Direct Marketing Consumer Opt-Out Association’s (DMA) Mail 701 Experian Parkway Preference Service lets you “opt- Allen, TX 75013 out” of receiving direct mail marketing from many national TransUnion companies for five years. When Marketing List Opt Out you register with this service, PO Box 97328 your name will be put on a Jackson, MS 39288-7328 “delete” file and made available to direct-mail marketers. How- Department of Motor ever, your registration will not Vehicles stop mailings from organizations The Drivers Privacy Protection that are not registered with the Act forbids states from distribut- DMA’s Mail Preference Service. ing personal information to direct To register with DMA, send marketers. It does allow for the your letter to: sharing of personal information with law enforcement officials, Direct Marketing Association courts, government agencies, Mail Preference Service private investigators, insurance PO Box 643 underwriters and similar busi- Carmel, NY 10512 nesses. Check with your state DMV to learn more, or visit Or register online at www.the- www.ftc.gov/privacy/ dma.org/consumers/ protect.htm#Motor. offmailinglist.html. Direct Marketers Email The DMA also has an EMail Telemarketing Preference Service to help you The federal government has reduce unsolicited commercial created the National Do Not Call emails. To “opt-out” of receiving Registry – the free, easy way to unsolicited commercial email, reduce the telemarketing calls use DMA’s online form at you get at home. To register, or to www.dmaconsumers.org/ get information, visit offemaillist.html. Your online www.donotcall.gov, or call request will be effective for one 1-888-382-1222 from the phone year. you want to register. You will

10 If You’re a Victim

ometimes an identity thief • Experian – To report fraud, and unexplained debts on your can strike even if you’ve call: 1-888-EXPERIAN (397- true accounts. Where “inquiries” Sbeen very careful about 3742), and write: P.O. Box appear from the company(ies) keeping your personal informa- 9532, Allen, TX 75013 that opened the fraudulent tion to yourself. If you suspect account(s), request that these that your personal information • TransUnion – To report fraud, “inquiries” be removed from your has been hijacked and misappro- call: 1-800-680-7289, and report. (See “Credit Reports” for priated to commit fraud or theft, write: Fraud Victim Assistance more information.) You also take action immediately, and Division, P.O. Box 6790, should check that information keep a record of your conversa- Fullerton, CA 92834-6790 such as your SSN, address(es), tions and correspondence. You name or initial, and employers are may want to use the form, “Chart Once you receive your correct. Inaccuracies in this Your Course of Action” on page reports, review them carefully. information also may be due to 14. Exactly which steps you Look for inquiries you didn’t typographical errors. Neverthe- should take to protect yourself initiate, accounts you didn’t open, less, whether the inaccuracies are depends on your circumstances and how your identity has been misused. However, four basic actions are appropriate in almost every case. Your First Four Steps 1. Place a fraud alert on your credit reports and review your credit reports. 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 confirms your fraud alert, the other two credit bureaus will automatically be notified to place fraud alerts on your credit report, and all three reports will be sent to you free of charge.

• Equifax – To report fraud, call: 1-800-525-6285, and write: P.O. Box 740241, Atlanta, GA 30374-0241

11 due to fraud or error, you should company’s fraud dispute International Check notify the credit bureau as soon as forms. Services – 1-800-631-9656 possible by telephone and in writing. You should continue to • For your existing accounts, ask Call SCAN (1-800-262-7771) check your reports periodically, the representative to send you to find out if the identity thief has especially in the first year after the company’s fraud dispute been passing bad checks in your you’ve discovered the theft, to forms. name. make sure no new fraudulent activity has occurred. The auto- • If your ATM card has been 3. File a report with your mated “one-call” fraud alert lost, stolen or otherwise local police or the police in process only works for the initial compromised, cancel the card the community where the placement of your fraud alert. as soon as you can. Get a new identity theft took place. Orders for additional credit card with a new PIN. Keep a copy of the report. reports or renewals of your fraud You may need it to validate your alerts must be made separately at Checks claims to creditors. If you can’t each of the three major credit If your checks have been stolen get a copy, at least get the report bureaus. or misused, close the account number. and ask your bank to notify the 2. Close any accounts that appropriate check verification 4. File a complaint with the have been tampered with or service. While no federal law FTC. opened fraudulently. limits your losses if someone By sharing your identity theft steals your checks and forges complaint with the FTC, you will Credit Accounts your signature, state laws may provide important information Credit accounts include all protect you. Most states hold that can help law enforcement accounts with banks, credit card the bank responsible for losses officials track down identity companies and other lenders, from a forged check, but they thieves and stop them. The FTC and phone companies, utilities, also require you to take also can refer victim complaints ISPs, and other service reasonable care of your to other appropriate government providers. account. For example, you may agencies and companies for be held responsible for the further action. The FTC enters If you’re closing existing if you fail to notify the the information you provide into accounts and opening new ones, bank in a timely way that a our secure database. use new Personal Identification check was lost or stolen. To file a complaint or to learn Numbers (PINs) and passwords. Contact your state banking or more about the FTC’s Privacy consumer protection agency for Policy, visit www.consumer.gov/ If there are fraudulent charges more information. idtheft. If you don’t have access or debits, ask the company You also should contact these to the Internet, you can call the about the following forms for major check verification compa- FTC’s Identity Theft Hotline: toll- disputing those transactions: nies. Ask that retailers who use free 1-877-IDTHEFT (438- their databases not accept your 4338); TDD: 202-326-2502; or • For new unauthorized ac- checks. write: Identity Theft Clearing- counts, ask if the company house, Federal Trade Commis- accepts the ID Theft Affidavit TeleCheck – 1-800-710-9898 sion, 600 Pennsylvania Avenue, (available at www.ftc.gov/bcp/ or 927-0188 NW, Washington, DC 20580. conline/pubs/credit/ affidavit.pdf or see page 29). Certegy, Inc. – 1-800-437- If they don’t, ask the represen- 5120 tative to send you the

12 Tips on Filing a Police Report

■ Provide documentation. Furnish as much documentation as you can to prove your case. letters, credit reports, your notarized ID Theft Affidavit, and other evidence of fraudulent activity can help the police file a complete report.

■ Be persistent. Local authorities may tell you that they can’t take a report. Stress the importance of a police report; many creditors require one to resolve your dispute. Also remind them that under their voluntary “Police Report Initiative,” 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 can’t get the local police to take a report, try your county police. If that doesn’t work, try your state police. If you’re told that identity theft is not a crime under your state law, ask to file a Miscella- neous Incident Report instead. See page 25 for a list of state laws.

■ Be a motivating forceforce. Ask your police department to search the FTC’s Consumer Sentinel database for other complaints in your community. You may not be the first or only victim of this identity thief. If there is a pattern of cases, local authorities may give your case more consideration. That’s why it’s also important to file a complaint with the FTC. Law enforcement agen- cies use complaints filed with the FTC to aggregate cases, spot patterns, and track growth in identity theft. This information can then be used to improve investigations and victim assistance.

Tips on Organizing Your Case

Accurate and complete records will greatly improve your chances of resolving your identity theft case.

■ 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.

■ Write down the name of anyone you talk to, what he or she told you, and the date the conversation occurred. Use Chart Your Course of Action on page 14 to help you.

■ Keep the originals of supporting documentation, 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. One of the most difficult and annoying aspects of identity theft is that errors can reappear on your credit reports or your information can be re-circulated. Should this happen, you’ll be glad you kept your files.

13 Comments Comments Report Number Comments Contact Person Contact Person Date Contacted Contact Person Date Contacted Date Contacted Phone Number 1-877-IDTHEFT Address and Phone Number Phone Number 1-800-525-6285 1-888-397-3742 1-800-680-7289 Agency/Deptment Bureau Creditor Equifax Experian TransUnion Local Police Department Chart Your Course of Action Chart Your taken to report the fraudulent use of your identity. Use this form to record the steps you’ve this list in a safe place for reference. Keep Fraud Credit Bureaus — Report Banks, Credit Card Issuers and Other Creditors (Contact each creditor promptly to protect your legal rights.) Law Enforcement Authorities — Report Identity Theft Law Enforcement Authorities — Report

14 Resolving Credit Problems

I applied for a loan in November 2000 and was told I had bad credit. I requested a credit report in November 2000 and found all sorts of crazy information on it. I’m single but was listed as married. When I renewed my driver’s license by mail, I was surprised to find someone else’s face on my license. This is a nightmare and requires a large amount of my time.

From a consumer complaint to the FTC, October 5, 2001

hile resolving credit problems resulting Proving You’re a Victim, Not a Deadbeat Wfrom identity theft can be time-consuming and frustrat- Unlike victims of other crimes, who generally are ing, the good news is that there treated with respect and sympathy, identity theft victims are procedures under federal laws often find themselves having to prove that they’re for correcting credit report and victims, too – not deadbeats trying to get out of paying billing errors, and stopping debt bad debts. So how do you go about proving something you didn’t do? Getting the right documents and getting collectors from contacting you them to the right people is key. about debts you don’t owe. Here is a brief summary of your rights, The Police Report: If you have a police report, send a and what to do to clear up credit copy to Experian, Equifax and TransUnion. They will problems that result from identity block the information you’re disputing from your credit theft. reports. This may take up to 30 days. The credit bu- reaus have the right to remove the block, if they believe Credit Reports it was wrongly placed. Because this initiative is volun- The Fair Credit Reporting Act tary in the vast majority of states, it’s important to also (FCRA) establishes procedures follow the dispute procedures outlined in “Credit Re- for correcting mistakes on your ports” on this page. Contact the credit bureaus to find credit report and requires that out more about how the “Police Report Initiative” works. your report be made available If you’re having trouble getting a police report, see only for certain legitimate busi- “Tips on Filing a Police Report” on page 13. ness needs. Under the FCRA, both the The ID Theft Affidavit: Since you didn’t open the ac- credit bureau and the organization counts in dispute or run up the related debts, of course that provided the information to you don’t have any paperwork showing you didn’t do the credit bureau (the “informa- these things. That’s where the ID Theft Affidavit can be tion provider”), such as a bank or very helpful. The FTC, in conjunction with banks, credit credit card company, are respon- grantors and consumer advocates, developed the ID sible for correcting inaccurate or Theft Affidavit (see page 29) to help you close unautho- incomplete information in your rized accounts and get rid of debts wrongfully attrib- report. To protect your rights uted to your name. If you don’t have a police report or under the law, contact both the any paperwork from creditors, send the completed ID credit bureau and the information Theft Affidavit to the three major credit bureaus. They will use it to start the dispute investigation process. Not provider. It’s very important to all companies accept the ID Theft Affidavit. They may follow the procedures outlined require you to use their forms instead. Check first. below. Otherwise you won’t have continued on page 16 any legal recourse if you have a

15 future dispute with the credit review all relevant information Creditor Documenta- bureau or an information provider provided by the credit bureau, tion: Getting documen- about inaccurate information that and report the results to the credit tation from a creditor should be blocked from your bureau. If the information pro- may be difficult. Credi- report. vider finds the disputed informa- tors’ policies on confi- First, call the credit bureau tion to be inaccurate, it must dentiality and record and follow up in writing. Tell notify any nationwide credit keeping vary and may them what information you bureau to which it reports, so that prevent you from getting believe is inaccurate. Include the credit bureau can correct this the paperwork you need copies (NOT originals) of docu- information in your file. Note to prove you didn’t make ments that support your position. that: the transaction. On the If you don’t have any paperwork upside, most victims can from the creditor, send a copy of • Disputed information that get accounts closed and the police report and the ID Theft cannot be verified must be debts dismissed by Affidavit (see page 29.) In deleted from your file. completing the creditor’s addition to providing your com- fraud paperwork or the plete name and address, your • If your report contains errone- ID Theft Affidavit and letter should clearly identify each ous information, the credit bureau including a copy of your item in your report that you must correct it. police report. Insist on a dispute, give the facts and explain letter from the creditor • If an item is incomplete, the stating that they have why you dispute the information, credit bureau must complete it. closed the disputed and request deletion or correction. accounts and have You may want to enclose a copy For example, if your file shows discharged you of the of your report with circles around that you have been late making fraudulent debts. This the items in question. Your letter payments, but fails to show that letter is your best defense may look something like the you are no longer delinquent, the if errors reappear or sample on page 17. Send your credit bureau must show that your personal informa- letter by certified mail, return you’re current. tion gets re-circulated. receipt requested, so you can (See Tips on Organizing document what the credit bureau • If your file shows an account Your Case, page 13). received and when. Keep copies that belongs to someone else, the This letter is also the best of your dispute letter and credit bureau must delete it. document to give credit enclosures. bureaus and debt collec- The credit bureau’s investiga- When the investigation is tors if your police report tion must be completed within 30 complete, the credit bureau must and ID Theft Affidavit days (45 days if you provide give you the written results and, aren’t enough to resolve additional documents). If the if the dispute results in a change, your problems with credit bureau considers your a free copy of your report. If an them. dispute frivolous (which may item is changed or removed, the mean it believes you didn’t credit bureau cannot put the provide enough documentation to disputed information back in your support your claim), it must tell file unless the information pro- you so within five business days. vider verifies its accuracy and Otherwise, it must forward all completeness, and the credit relevant documents you provide bureau gives you a written notice about the dispute to the informa- that includes the name, address tion provider. The information and phone number of the infor- provider then must investigate, mation provider.

16 If you ask, the credit bureau must send notices of corrections SAMPLE DISPUTE LETTER — CREDIT BUREAU to anyone who received your report in the past six months. Job Date applicants can have a corrected copy of their report sent to Your Name anyone who received a copy Your Address during the past two years for Your City, State, Zip Code employment purposes. If an investigation does not resolve Complaint Department your dispute, ask the credit Name of Credit Bureau bureau to include a 100-word Address City, State, Zip Code statement of the dispute in your file and in future reports. Dear Sir or Madam: Second, in addition to writing I am writing to dispute the following information in my file. to the credit bureau, write to the The items I dispute also are circled on the attached copy of creditor or other information the report I received. (Identify item(s) disputed by name of provider to tell them that you source, such as creditors or tax court, and identify type of dispute an item. Again, include item, such as credit account, judgment, etc.) copies (NOT originals) of docu- ments that support your position, I am a victim of identity theft, and did not make the like your police report and the ID charge(s). I am requesting that the item be blocked to Theft Affidavit. Many information correct my credit report. providers specify an address for disputes. If the information Enclosed are copies of (use this sentence if applicable and provider then reports the disputed describe any enclosed documentation) supporting my item(s) to a credit bureau, it must position. Please investigate this (these) matter(s) and block include a notice of your dispute. the disputed item(s) as soon as possible. If you’re correct that the disputed information is not inaccurate, the Sincerely, information provider may not use it again. Your name For more information, see How to Dispute Credit Report Enclosures: (List what you are enclosing.) Errors and Fair Credit Report- ing, from the FTC at www.consumer.gov/idtheft. Credit Cards your accounts. and date of the error. Your letter To take advantage of the law’s may look something like the In most cases, the Truth in consumer protections, you must: sample on page 18. Lending Act limits your liability for unauthorized credit card • write to the creditor at the • send your letter so that it charges to $50 per card. The Fair address given for “billing inquir- reaches the creditor within 60 Credit Billing Act (FCBA) ies,” not the address for sending days from when the first bill establishes procedures for resolv- your payments. Include your containing the fraudulent charge ing billing errors on your credit name, address, account number was mailed to you. If the address card accounts. This includes and a description of the fraudu- on your account was changed by fraudulent charges on lent charge, including the amount an identity thief and you never

17 resolved. The creditor must SAMPLE DISPUTE LETTER – FOR EXISTING resolve the dispute within two CREDIT ACCOUNTS billing cycles (but not more than 90 days) after receiving your Date letter. For more information, see Your Name Fair Credit Billing and Avoiding Your Address Credit and Charge Card Fraud, Your City, State, Zip Code from the FTC at Your Account Number www.consumer.gov/idtheft. Name of Creditor Debt Collectors Billing Inquiries The Fair Debt Collection Prac- Address tices Act prohibits debt collectors City, State, Zip Code from using unfair or deceptive Dear Sir or Madam: practices to collect overdue bills that a creditor has forwarded for I am writing to dispute a fraudulent (charge or debit) collection. attributed to my account in the amount of $______. I am a You can stop a debt collector victim of identity theft, and I did not make this (charge or from contacting you by writing a debit). I am requesting that the (charge be removed or the letter to the collection agency debit reinstated), that any finance and other charges telling them to stop. Once the related to the fraudulent amount be credited as well, and debt collector receives your letter, that I receive an accurate statement. the company may not contact you again – with two exceptions: they Enclosed are copies of (use this sentence to describe any can tell you there will be no enclosed information, such as police report) supporting my further contact and they can tell position. Please investigate this matter and correct the you that the debt collector or the fraudulent (charge or debit) as soon as possible. creditor intends to take some specific action. A collector also may not Sincerely, contact you if, within 30 days after you receive the written Your name notice, you send the collection agency a letter stating you do not Enclosures: (List what you are enclosing.) owe the money. Although your letter should received the bill, your dispute This will be your proof of the stop the debt collector’s calls and letter still must reach the creditor date the creditor received the dunning notices, it will not within 60 days of when the bill letter. Include copies (NOT necessarily get rid of the debt would have been mailed to you. originals) of sales slips or other itself, which may still turn up on This is why it’s so important to documents that support your your credit report. keep track of your billing state- position. Keep a copy of your A collector can renew collec- ments and immediately follow up dispute letter. tion activities if you’re sent proof when your bills don’t arrive on The creditor must acknowl- of the debt. So, along with your time. edge your complaint in writing letter stating you don’t owe the Send your letter by certified within 30 days after receiving it, money, include copies of docu- mail, return receipt requested. unless the problem has been ments that support your position.

18 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 the two business days, but within 60 days after a statement showing an unautho- rized 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 from the end of the 60 days to the time you reported your card missing. signature.You can then prove that it’s not your signature on the The best way to protect application. In many cases, the yourself in the event of an error or debt collector will not send you fraudulent transaction is to call any proof, but will instead the financial institution and follow return the debt to the creditor. up in writing – by certified letter, For more information, see return receipt requested – so you Fair Debt Collection from the can prove when the institution FTC at www.consumer.gov/ received your letter. Keep a copy idtheft. of the letter you send for your records. If you’re a victim of identity ATM Cards, Debit Cards and Electronic Fund After receiving notification theft, include a copy (NOT the about an error on your statement, original) of the police report. If Transfers the financial institution generally you don’t have documentation to The Electronic Fund Transfer Act has 10 business days to investi- support your position, be as provides consumer protections gate. The institution must tell you specific as possible about why the for transactions involving an the results of its investigation debt collector is mistaken. ATM or debit card or any other within three business days after The debt collector is respon- electronic way to debit or credit completing it and must correct an sible for sending you proof that an account. It also limits your error within one business day you’re wrong. For example, if the liability for unauthorized elec- after determining that the error debt in dispute originates from a tronic fund transfers. has occurred. If the institution credit card you never applied for, It’s important to report lost or needs more time, it may take up ask for the actual application stolen ATM and debit cards to 45 days to complete the inves- containing the applicant’s immediately because the amount tigation – but only if the money in

19 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 THE CONSUMER Note: VISA and MasterCard voluntarily have agreed to limit consumers’ liability for unautho- rized 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, two FILING A COMPLAINT WITH THE FTC consumer publications from the IS IMPORTANT FTC at www.consumer.gov/ idtheft. If you’ve been a victim of identity theft, file a complaint with the FTC by contacting the FTC’s Identity Theft Hotline by telephone: toll-free 1-877-IDTHEFT (438- 4338)4338); TDD: 202-326-2502; by mail: Identity Theft Clearinghouse, Federal Trade Commission, 600 Penn- sylvania Avenue, NW, Washington, DC 20580; or online: www.consumer.gov/idtheft.gov/idtheft.

Although the FTC does not have the authority to bring criminal cases, the Commission can help victims of identity theft by providing information to assist them in resolving the financial and other problems that can result from this crime.

By sharing your identity theft complaint with the FTC, you will provide important information that can help law enforcement officials track down identity thieves and stop them. The FTC also refers victim complaints to other appropriate government agencies and private organizations for further action.

20 Specific Problems

umerous federal and • Your Wallet: A Loser’s Manual ness days 9:00 a.m. to 4:00 p.m. state agencies have – www.fdic.gov/consumers/ CST); fax: 713-336-4301; write: Njurisdiction over specific consumer/news/cnfall97/ Customer Assistance Group, aspects of identity theft. If your wallet.html 1301 McKinney Street, Suite theft relates to any of the follow- 3710, Houston, TX 77010. ing categories, contact the agen- Federal Reserve System (Fed) OCC publications: cies directly for help and informa- – www.federalreserve.gov • Check Fraud: A Guide to tion or to initiate an investigation. The Fed supervises state- Avoiding Losses – chartered banks that are members www.occ.treas.gov/chckfrd/ of the Federal Reserve System. chckfrd.pdf If you’re having trouble getting Call: 202-452-3693; or write: • How to Avoid Becoming a your financial institution to help Division of Consumer and Victim of Identity Theft – you resolve your banking-related Community Affairs, Mail Stop www.occ.treas.gov/idtheft.pdf identity theft problems, including 801, Federal Reserve Board, • Identity Theft and Pretext problems with bank-issued credit Washington, DC 20551; or Calling Advisory Letter 2001-4 – cards, contact the agency with the contact the Federal Reserve Bank www.occ.treas.gov/ftp/advi- appropriate jurisdiction. If you’re in your area. The 12 Reserve sory/2001-4.doc not sure which of the agencies Banks are located in Boston, listed below has jurisdiction over New York, Philadelphia, Cleve- Office of Thrift Supervision your institution, call your bank or land, Richmond, Atlanta, Chi- (OTS) – www.ots.treas.gov visit www.ffiec.gov/ cago, St. Louis, Minneapolis, The OTS is the primary enforcement.htm. Kansas City, Dallas and San regulator of all federal, and many Francisco. state-chartered, thrift institutions, Federal Deposit Insurance which include savings banks and Corporation (FDIC) – National Credit Union Admin- savings and loan institutions. www.fdic.gov istration (NCUA) – Call: 202-906-6000; or write: The FDIC supervises state- www.ncua.gov Office of Thrift Supervision, chartered banks that are not The NCUA charters and 1700 G Street, NW, Washington, members of the Federal Reserve supervises federal credit unions DC 20552. System and insures deposits at and insures deposits at federal banks and savings and loans. credit unions and many state Bankruptcy Fraud Call the FDIC Consumer Call credit unions. U. S. Trustee (UST) – Center at 1-800-934-3342; or Call: 703-518-6360; or write: www.usdoj.gov/ust write: Federal Deposit Insurance Compliance Officer, National If you believe someone has Corporation, Division of Compli- Credit Union Administration, filed for bankruptcy in your ance and Consumer Affairs, 550 1775 Duke Street, Alexandria, name, write to the U.S. Trustee in 17th Street, NW, Washington, VA 22314. the region where the bankruptcy DC 20429. was filed. A list of the U.S. FDIC publications: Office of the Comptroller of Trustee Programs’s Regional • Classic Cons... And How to the Currency (OCC) – Offices is available on the UST Counter Them – www.fdic.gov/ www.occ.treas.gov website, or check the Blue Pages consumers/consumer/news/ The OCC charters and of your phone book under U.S. cnsprg98/cons.html supervises national banks. If the Government Bankruptcy Admin- • A Crook Has Drained Your word “national” appears in the istration. Account. Who Pays? – name of a bank, or the initials Your letter should describe www.fdic.gov/consumers/ “N.A.” follow its name, the OCC the situation and provide proof of consumer/news/cnsprg98/ oversees its operations. your identity. The U.S. Trustee, if crook.html Call: 1-800-613-6743 (busi- appropriate, will make a criminal

21 referral to law enforcement county other than where you live, identity thief. Ask that your files authorities if you provide appro- ask your local police department be flagged for possible fraud. priate documentation to substanti- to send the impersonation report You may need to hire a ate your claim. You also may to the police department in the criminal defense attorney to help want to file a complaint with the jurisdiction where the arrest you clear your name. Contact U.S. Attorney and/or the FBI in warrant, traffic citation or Legal Services in your state or the city where the bankruptcy criminal conviction originated. your local bar association for help was filed. The U.S. Trustee does The law enforcement agency in finding an attorney. not provide legal representation, should then recall any warrants legal advice or referrals to and issue a “clearance letter” or Fake Driver’s License lawyers. That means you may certificate of release (if you were If you think your name or SSN is need to hire an attorney to help arrested/booked). You’ll need to being used by an identity thief to convince the bankruptcy court keep this document with you at get a driver’s license or a non- that the filing is fraudulent. The all times in case you’re wrongly driver’s ID card, contact your U.S. Trustee does not provide arrested. Also, ask the law DMV. If your state uses your consumers with copies of court enforcement agency to file, with SSN as your driver’s license documents. Those documents the district attorney’s (D.A.) number, ask to substitute another are available from the bankruptcy office and/or court where the number. clerk’s office for a fee. crime took place, the record of the follow-up investigation Investment Fraud Criminal Violations establishing your innocence. This U.S. Securities and Exchange Although procedures to correct will result in an amended com- Commission (SEC) – your record within the criminal plaint being issued. Once your www.sec.gov databases vary from state name is recorded in a criminal The SEC’s Office of Investor to state, and even from county to database, it’s unlikely that it will Education and Assistance serves county, the following information be completely removed from the investors who complain to the can be used as a general guide. official record. Ask that the “key SEC about investment fraud or If wrongful criminal violations name,” or “primary name,” be the mishandling of their invest- are attributed to your name, changed from your name to the ments by securities professionals. contact the arresting or citing law imposter’s name (or to “John If you believe that an identity enforcement agency – that is, the Doe” if the imposter’s true thief has tampered with your police or sheriff’s department that identity is not known), with your securities investments or a originally arrested the person name noted only as an alias. brokerage account, immediately using your identity, or the court You’ll also want to clear your report it to your broker or ac- agency that issued the warrant for name in the court records. You’ll count manager and to the SEC. the arrest. File an impersonation need to determine which state You can file a complaint with the report. And have your identity law(s) will help you do this and SEC using the online Complaint confirmed: The police department how. If your state has no formal Center at www.sec.gov/ takes a full set of your finger- procedure for clearing your complaint.shtml. Be sure to prints and your photograph, and record, contact the D.A.’s office include as much detail as pos- copies any photo identification in the county where the case was sible. If you don’t have access to documents like your driver’s originally prosecuted. Ask the the Internet, you can write to the license, passport or visa. Ask the D.A.’s office for the appropriate SEC at: SEC Office of Investor law enforcement agency to court records needed to clear Education and Assistance, 450 compare the prints and photo- your name. Fifth Street, NW, Washington graphs with those of the imposter Finally, contact your state DC, 20549-0213. For general to establish your innocence. If the DMV to find out if your driver’s questions, call 202-942-7040. arrest warrant is from a state or license is being used by the

22 Mail Theft SHOULD I APPLY FOR A NEW SOCIAL U.S. Postal Inspection Service SECURITY NUMBER? (USPIS) – www.usps.gov/ websites/depart/inspect Under certain circumstances, SSA may issue you a new USPIS is the law enforcement SSN – at your request – if, after trying to resolve the arm of the U.S. Postal Service problems brought on by identity theft, you continue to responsible for investigating experience problems. Consider this option carefully. A cases of identity theft. USPIS has new SSN may not resolve your identity theft problems, primary jurisdiction in all matters and may actually create new problems. For example, a infringing on the integrity of the new SSN does not necessarily ensure a new credit U.S. mail. If an identity thief has record because credit bureaus may combine the credit stolen your mail to get new credit records from your old SSN with those from your new cards, bank or credit card state- SSN. Even when the old credit information is not associ- ments, pre-screened credit offers ated with your new SSN, the absence of any credit or tax information, has falsified history under your new SSN may make it more difficult change-of-address forms, or for you to get credit. And finally, there’s no guarantee obtained your personal informa- that a new SSN also would not be misused by an | tion through a fraud conducted by identity thief. mail, report it to your local postal inspector. You can locate the USPIS district office nearest you vider immediately to cancel the Bureau, 445 12th Street, SW, by calling your local post office or account and/or calling card. Open Room 5A863, Washington, DC checking the list at the website new accounts and choose new 20554. You can file complaints above. PINs. If you’re having trouble via the online complaint form at getting fraudulent phone charges www.fcc.gov, or e-mail ques- Passport Fraud removed from your account or tions to [email protected]. United States Department of getting an unauthorized account State (USDS) – closed, contact the appropriate Social Security Number www.travel.state.gov/ agency from the list below. (SSN) Theft and Misuse passport_services.html For local service, contact Social Security Administration If you’ve lost your passport or your state Public Utility Commis- (SSA) – believe it was stolen or is being sion. www.socialsecurity.gov used fraudulently, contact the For cellular phones and If you have specific informa- USDS through their website or long distance, contact the tion of SSN misuse that involves call a local USDS field office. Federal Communications Com- the buying or selling of Social Local field offices are listed in the mission (FCC) – www.fcc.gov. Security cards, may be related to Blue Pages of your telephone The FCC regulates interstate and terrorist activity, or is designed to directory. international communications by obtain Social Security benefits, radio, television, wire, satellite contact the SSA Office of the Phone Fraud and cable. You can contact the Inspector General. You may file If an identity thief has established FCC’s Consumer Information a complaint online at phone service in your name, is Bureau to find out about informa- www.socialsecurity.gov/oig. making unauthorized calls that tion, forms, applications and You may also call: 1-800-269- seem to come from – and are current issues before the FCC. 0271; fax: 410-597-0118; or billed to – your cellular phone, or Call: 1-888-CALL-FCC; TTY: 1- write: SSA Fraud Hotline, P.O. is using your calling card and 888-TELL-FCC; or write: Box 17768, Baltimore, MD PIN, contact your service pro- Federal Communications Com- 21235. mission, Consumer Information

23 Also call SSA at 1-800-772- FOR MORE INFORMATION 1213 to verify the accuracy of the earnings reported on your SSN, Federal Trade Commission (FTC) – www.ftc.gov and to request a copy of your The FTC is educating consumers and businesses about the Social Security Statement. importance of personal . Here are some Follow up in writing. additional publications you may find useful. To request a SSA publications: free copy, call 1-877-FTC-HELP (382-4357) or visit • SSA Fraud Hotline for Report- www.consumer.gov/idtheft.gov/idtheft. ing Fraud – www.ssa.gov/oig/ guidelin.htm • Getting Purse-onal: What To Do If Your Wallet or Purse Is Stolen • Social Security: Your Number • Identity Crisis... What to Do If Your Identity Is Stolen and Card (SSA Pub. No. 05- • Identity Thieves Can Ruin Your Good Name: Tips for Avoiding 10002) – www.ssa.gov/pubs/ Identity Theft 10002.html • Avoiding Credit and Charge Card Fraud • When Someone Misuses Your • Credit, ATM and Debit Cards: What to Do If They’re Lost or Number (SSA Pub. No. 05- Stolen 10064) – www.ssa.gov/pubs/ • Credit Card Loss Protection Offers: They’re The Real Steal 10064.html • Electronic Banking • Fair Credit Billing Tax Fraud • Fair Credit Reporting (IRS) • Fair Debt Collection – www.treas.gov/irs/ci •How to Dispute Credit Report Errors The IRS is responsible for administering and enforcing tax Department of Justice (DOJ) – www.usdoj.gov The DOJ and its U.S. Attorneys prosecute federal identity laws. If you believe someone has theft cases. Information on identity theft is available at assumed your identity to file www.usdoj.gov/criminal/fraud/idtheft.html.usdoj.gov/criminal/fraud/idtheft.html. federal Income Tax Returns, or to commit other tax fraud, call toll- Federal Bureau of Investigation (FBI) – www.fbi.gov free: 1-800-829-0433. Victims of The FBI, a criminal law enforcement agency, investigates identity theft who are having cases of identity theft. The FBI recognizes that identity theft trouble filing their returns should is a component of many crimes including bank fraud, mail call the IRS Taxpayer Advocates fraud, wire fraud, bankruptcy fraud, , fraud Office, toll-free: against the government, and terrorism. Local field offices 1-877-777-4778. 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 gen- erally 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

24 It’s the Law Federal Law he Identity Theft and Assumption Deterrence TAct, enacted by Congress in October 1998 (and codified, in part, at 18 U.S.C. §1028) is the federal law making identity theft a crime.

Identity Theft and Assumption Deterrence Act of 1998 The Identity Theft and As- sumption Deterrence Act makes it a federal crime when someone used or intended to be used to “knowingly transfers or uses, or visit www.consumer.gov/ commit the crime. Pursuant to the without lawful authority, a means idtheft. State laws enacted at the Act, the U.S. Sentencing Com- of identification of another person time of this booklet’s publication mission has developed federal with the intent to commit, or to are listed below. sentencing guidelines to provide aid or abet, any unlawful activity appropriate penalties for those that constitutes a violation of Alabama persons convicted of identity federal law, or that constitutes a Alabama Code § 13A-8-190 theft. under any applicable state through 201 Schemes to commit identity or local law.” theft or fraud also may involve Under the Act, a name or Alaska violations of other statutes, such SSN is considered a “means of Alaska Stat. § 11.46.565 as , computer identification.” So is a credit card fraud, mail fraud, wire fraud, Arizona number, cellular telephone financial institution fraud, or Ariz. Rev. Stat. § 13-2008 electronic serial number or any Social Security fraud. Each of other piece of information that these federal offenses is a felony Arkansas may be used alone or in conjunc- and carries substantial penalties – Ark. Code Ann. § 5-37-227 tion with other information to in some cases, as high as 30 years identify a specific individual. in as well as fines and Violations of the Act are criminal forfeiture. Cal. Penal Code § 530.5-530.8 investigated by federal law enforcement agencies, including State Laws Colorado the U.S. Secret Service, the FBI, Many states have passed laws No ID theft law the U.S. Postal Inspection related to identity theft; others are Service, and SSA’s Office of the Connecticut considering such legislation. Inspector General. Federal Conn. Stat. § 53a-129a (crimi- Where specific identity theft laws identity theft cases are pros- nal); do not exist, the practices may be ecuted by the U.S. Department of Conn. Stat. § 52-571h (civil) prohibited under other laws. Justice. Contact your State Attorney In most instances, a convic- Delaware General’s office (for a list of state tion for identity theft carries a 11 Del Code, § 854 offices, visit www.naag.org) or maximum penalty of 15 years local consumer protection agency imprisonment, a fine and forfei- Florida for laws related to identity theft, ture of any personal Fla. Stat. Ann. § 817.568

25 Georgia Montana Tennessee Ga. Code Ann. § 16-9-120 Mon. Code Ann. § 45-6-332 TCA § 39-14-150 (criminal); through 128 TCA § 47-18-2101 (civil) Nebraska Hawaii No ID theft law Texas No ID theft law Tex. Penal Code § 32.51 Nevada Idaho Nev. Rev. State. § 205.463-465 Utah Idaho Code § 18-3126 (criminal); Utah Code Ann. § 76-6-1101- Idaho Code § 28-51-102 (civil) New Hampshire 1104 N.H. Rev. Stat. Ann. § 638:26 Illinois Virginia 720 Ill. Comp. Stat. 5/16G New Jersey Va. Code Ann. § 18.2-186.3 N.J. Stat. Ann. § 2C:21-17 Indiana Vermont Ind. Code § 35-43-5-3.5 New Mexico No ID theft law N.M. Stat. Ann. § 30-16-24.1 Iowa Washington Iowa Code § 715A.8 (criminal); New York Wash. Rev. Code § 9.35.020 Iowa Code § 714.16.B (civil) No ID theft law West Virginia Kansas North Carolina W. Va. Code § 61-3-54 Kan. Stat. Ann. § 21-4018 N.C. Gen. Stat. § 14-113.20-23 Wisconsin Kentucky North Dakota Wis. Stat. § 943.201 Ky. Rev. Stat. Ann. § 514.160 N.D.Cent. Codes § 12.1-23-11 Wyoming Louisiana Ohio Wyo. Stat. Ann. § 6-3-901 La. Rev. Stat. Ann. § 14:67.16 Ohio Rev. Code Ann. § 2913.49

Maine Oklahoma No ID theft law Okla. Stat. tit. 21, § 1533.1 U.S. TERRITORIES

Maryland Oregon Guam Md. Code Ann. art. 27, § 231 Or. Rev. Stat. § 165.800 9 Guam Code Ann. § 46.80

Massachusetts Pennsylvania U.S. Virgin Islands Mass. Gen. Laws ch. 266, § 37E 18 Pa. Cons. Stat. § 4120 No ID theft law

Michigan Rhode Island Mich. Comp. Laws § 750.219e R.I. Gen. Laws Sect. 11-49-1.1

Minnesota South Carolina Minn. Stat. § 609.527 S.C. Code Ann. § 16-13-510

Mississippi South Dakota Miss. Code Ann. § 97-19-85 S.D. Codified Laws § 22-30A- 3.1. Missouri Mo. Rev. Stat. § 570.223

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