The fastest growing white-collar crime in the US.

Identity theft REPAIR KIT

brought to you by: Attorney General John Suthers

Message from Attorney General John Suthers

Dear Coloradoans:

Identity theft is the fastest growing crime in America. Each year, millions are victimized by this senseless crime. Technological advances and the proliferation of the Internet have only enhanced our exposure to thieves seeking to steal our identities.

Identity theft may come in multiple forms, but its impact is always frustrating and oftentimes devastating. In fact, anyone can be a victim of identity theft. For this reason, it is vital that Coloradoans understand how to protect themselves.

Please use this handbook to help you avoid becoming a victim of identity theft, and guide you through the important steps of repairing the damage done in case you do fall victim.

I hope that you will find this guide a helpful resource.

Identity theft REPAIR KIT | Message from your Attorney General Table of Contents

Introduction 1

What is Identity Theft? 2 How do thieves get my personal or financial information? 3 What do they do with it? 4 Identifying Identity Theft 4

10 STEPS TO TAKE IF YOU BECOME A VICTIM 7

Step 1: Contact your bank and other credit card issuers 7 Step 2: File a report with your local law enforcement 7 agency Step 3: File a report with the FTC 8 Step 4: Contact all three major credit reporting bureaus 8 Step 5: Contact all of your creditors by phone and 11 in writing Step 6: Notify the phone company 11 Step 7: Notify the post office 11 Step 8: Notify the Social Security Administration 12 Step 9: Notify the State Department 12 Step 10: If you are contacted by a collection agency 12

Liability 15 Security Freeze 15

Checklists 16 Plan of Action List Document List

TIPS ON Preventing ID Theft 18

Contacts 20

The information contained within this booklet is for educational purposes only and should not be substituted for the advice of an attorney licensed to practice law in Colorado.

1st publication 2007

credit denied WHAT Happened?

You’ve just come home from pornography. But you’ve a long day at work. The never built a website mail is here. More bills. It’s and you only use your just what you need after all computer for balancing your the stress from a presentation checkbook and checking that is already past deadline. your email. You open your debit card statement. You didn’t buy What happened? much this month—just some groceries and some clothes. You are a victim of identity Halfway up the driveway theft. Someone has obtained you stop. The statement access to your checking shows an overdraft. You had account or stolen your more than $1,000 in your debit card. Someone has checking account the last ruined your credit history by time you took out money opening credit accounts in and now you are more than your name that haven’t been $50 in the negative. paid off. Someone has gotten hold of your credit card You’ve finally saved up for a number, either by stealing car. You’ve been waiting to it, hijacking your computer, get your very own car ever or by any number of other since you graduated from ways. Someone has used college. You’ve just picked your personal information out a beautiful little blue to conduct illegal activities. sports car and the salesman Now that your credit history is off putting together the is ruined and you are in paperwork. Just as you are debt for things you never admiring what will soon be knew about, you can’t your new ride, the salesman qualify for an auto loan to comes up with a sad look on buy a car or pay for those his face. “It’s your credit,” he perfect shoes. You could be says. “I’m sorry.” in danger of being arrested for something you didn’t do. The police knock on your door. They have a search Now what? warrant. They inform you that your name, address, and phone number have been connected to a website containing child

Identity theft REPAIR KIT | 1 Identity theft occurs when someone fraudulently uses your personal identifying information to obtain credit, take out a loan, open accounts, get identification, or any other activity in which a criminal uses your information in an unauthorized way.

Estimates from the Federal Trade Commission suggest that identity theft is on the rise. In fact, identity theft is the fastest growing crime in the country— a crime that affects Coloradoans and their credit histories.

According to the FTC database for 2006, complaints by Colorado victims of identity theft involved the following types of fraud:

Credit card fraud 23% Bank fraud 17% Phone or utilities fraud 14% Employment-related fraud 17% Government documents or benefits fraud 6% Loan fraud 5% Other 27% Attempted identity theft 6%

2 How Do Thieves Get My Personal or Financial Information?

Here are some of the ways identity � Purchasing personal thieves steal your personal and information from unscrupulous financial information: employees at companies with which you do business. � Stealing your purse or wallet � Burglarizing homes looking to obtain social security cards, for purses, wallets, files credit cards, driver’s licenses, containing personal and etc. financial information. � Stealing mail being delivered � Burglarizing businesses to your home or left out for looking for computers or pick-up. files containing personal and � Diverting your mail to another financial information on clients. mailbox using a false “change- � Computer hackers “breaking of-address” request. into” business or personal � “Dumpster diving” – thieves computers to steal private client dig through dumpsters or files and personal financial garbage cans behind homes or information. businesses looking for discarded � Phony e-mail or “pop-up” checks or bank statements, messages that appear to be credit card or other account from your credit card company, bills, medical records, pre- Internet Service Provider or approved credit applications, other entity you do business etc. with. These phony messages � “Shoulder surfing” – thieves claim some problem with your watch over your shoulder as account and direct you to you enter your PIN into an another web site where you will ATM or as you key your long- be asked to supply credit card distance calling card number and other personal information. into a pay telephone. � ATM skimming involves the � “Pretext calls” – thieves call placement of a mechanical to “verify” account information card reader over or into the or to “confirm” an enrollment actual card reader on an ATM or subscription by having you machine. These fake card repeat bank or credit card readers will capture your account numbers. account number and possibly � Using false or misleading even your PIN code, which Internet sites to collect are then used to produce personal and financial counterfeit credit or debit cards. information.

Identity theft REPAIR KIT | 3 What do they do Identifying Identity with it? Theft

� Drain your bank account Here are some warning signs with electronic transfers, that you may be the victim counterfeit checks, or your of identity theft: debit card. � You are denied credit. � Open a bank account in your name and write bad � You find charges on your checks with it. credit card that you don’t remember making. � Open a credit card account that never gets paid off, � Personal information, credit which gets reflected on your cards, ATM cards, checks, credit report. or IDs have been stolen from you. � Use your name if they get arrested so it goes on your � You suspect someone has record. fraudulently changed your mailing address. � Use your name for purchases involved � Your credit card bills in illegal activities, stop coming.

such as products for � You find something wrong methamphetamine with your credit report, production or an Internet such as loans you didn’t domain for a child take out or accounts you pornography site. don’t remember opening.

� U se your name to file for � A debt collector calls about bankruptcy or avoid debts. a debt you don’t owe and didn’t know about. � O btain a driver’s license with your personal You could be the victim of information. identity theft without noticing any of these things happening � Buy a car and use your to you, so it is always a good information and credit idea to keep a careful eye history to get a loan for it. out for anything out of the � O btain services in your ordinary by ordering your name, such as phone or credit report at least once a Internet. year and being alert to these warning signs.

4 A free credit report is available at www.annualcreditreport.com.

Identity theft REPAIR KIT | 5 File a police report.

6 If you believe that you are a victim of identity theft, there are a number of important steps for you to follow. Be prepared to document all unauthorized transactions and to be patient as the process can take a number of months.

Step 1: Contact your Step 2: FILE A REPORT Bank and otheR credit WITH YOUR LOCAL LAW card issuers ENFORCEMENT AGENCY If the theft involved existing Obtaining that report will help bank accounts (checking or you in dealing with your banks, savings accounts as well as creditors, and the major credit credit or debit cards) you reporting bureaus (see Step 4). should take the following steps: CRIMINAL VIOLATIONS: If an identity thief has � Put stop payment orders on impersonated you when they all outstanding checks that were arrested or cited for a might have been written crime, there are things you without your knowledge or can do to correct your record. permission. First of all, to prevent being wrongfully arrested, carry � Close all existing credit card copies of documents showing accounts and any account that you are a victim of identity accessible by debit card. theft even if you do not know that criminal violations have � Open up new accounts protected with a secret been attributed to your name. password or personal If they have, contact the law identification number enforcement agency (police (“PIN”). or sheriff’s department) that arrested the identity thief. Or if DO NOT use the same there is a warrant for arrest out passwords or PINs as on the for the impersonator, contact original accounts. the court agency that issued it. You may also want to get a � Do not use common lawyer to help you. numbers (like birth dates, part of your social security number), or commonly chosen words (such as a child’s, spouse’s, or pet’s name) as passwords or PINs.

Identity theft REPAIR KIT | 7 Step 3: File a report that you keep copies of all of your with the Federal Trade paperwork, including records of Commission everyone you have corresponded The Federal Trade Commission with, fraudulent bills, police re- maintains an Identity Theft Data ports, and complaint forms. Clearinghouse. The FTC aids identity theft investigations by Step 4: CONTACT ALL THREE collecting complaints from iden- MAJOR CREDIT REPORTING tity theft victims and sharing the BUREAUS information with law enforcement First, ask the credit bureaus to agencies, credit bureaus, compa- place a “fraud alert” on your nies where the fraud took place, file. You must then be contacted and other government agencies. directly before any new credit is taken out in your name. Second, File a complaint with the FTC by file your police report (Step 2), going to www.consumer.gov/ immediately with the credit idtheft or by calling their toll- reporting bureaus. Colorado law free number: 1-877-ID-THEFT requires the credit bureau to then (1-877-438-4338). Many credi- block any new, negative credit tors and the major credit reporting information resulting from the bureaus will accept the “ID Theft theft of your identity. A fraud Affidavit” available on this FTC report filed with one bureau will web site. be shared with the other bureaus.

IDENTITY THEFT AFFIDAVIT: Fill out the Identity Theft Affida- vit offered by the FTC. This form CREDIT BUREAUS will help you report information Equifax about your identity theft with just one form. Many companies www.equifax.com accept this form, though others P.O. Box 740241 will require you to use their own , GA 30374-0241 form or submit more forms. If 1-888-766-0008 a new account has been opened Experian in your name, you can use this www.experian.com form to provide the information P.O. Box 9532 that will help companies inves- Allen, TX 75013 tigate the fraud. Once you have 1-888-EXPERIAN (397-3742) filled out the ID Theft Affidavit as completely and accurately as TRANSUNION possible, mail a copy to any of the www.transunion.com companies concerned with the Fraud Victim Assistance Division fraud, such as banks or creditors. P.O. Box 6790 More information on the ID Theft Fullerton, CA 92834-6790 Affidavit can be found atwww. 1-800-680-7289 consumer.gov/idtheft. Make sure

8 Contact all three credit bureaus IMMEDIATELY.

Identity theft REPAIR KIT | 9 Keep copies of all correspondence to creditors.

close all accounts

10 Step 5: CONTACT ALL Step 6: NOTIFY THE OF YOUR CREDITORS PHONE COMPANY BY PHONE AND IN If the identity theft involves WRITING the misuse of a long- File a law enforcement distance telephone account, report, or the FTC’s ID Theft cellular telephone, or other Affidavit, with each creditor telephone service, contact (some may require that your telephone or wireless you use their own form of company and immediately affidavit). close all existing accounts. If replacement accounts � keep copies of all require passwords or PINs correspondence and to access, DO NOT use the documents exchanged same passwords or PINs as with each creditor. on the original accounts. Do not use common numbers � Cancel all existing credit (like birth dates, part of your card accounts and open social security number), or replacement accounts. commonly chosen words Ask that those cancelled (such as a child’s, spouse’s, accounts be processed or pet’s name) as passwords as “account closed at or PINs. customer’s request” to avoid any negative Step 7: NOTIFY THE reporting to credit POST OFFICE bureaus. If you suspect that your � If replacement accounts mail has been stolen or or credit cards require diverted with a false change- passwords or PINs to of-address request, contact access, DO NOT use your local postal inspector. the same passwords or You can obtain the address PINs as on the original and telephone number of accounts. your local postal inspector by visiting the United � Do not use common States Postal Service web numbers (like birth site at www.usps.com/ncsc/ dates, part of your locators/find-is.html. social security number), or commonly chosen words (such as a child’s, spouse’s, or pet’s name) as passwords or PINs.

Identity theft REPAIR KIT | 11 Step 8: NOTIFY THE Step 10: IF YOU ARE SOCIAL SECURITY CONTACTED BY A ADMINISTRATION COLLECTION AGENCY If you suspect that someone If you are contacted by a is using your social security collection agency about a number to obtain credit or debt for which you are not employment, contact the Social responsible, immediately Security Administration’s fraud notify them that you did not hotline at 1-800-269-0271 create the debt and that you (TTY: 1-866-501-2101). To are a victim of identity theft. check the accuracy of your Follow up with the collection work history, order a copy of agency and creditor in writing your Personal Earnings and and include a copy of your law Benefit Estimate Statement enforcement report or ID Theft (PEBES) and check it for Affidavit. Send your letter, and accuracy. You can obtain a copy of the report or affidavit, PEBES application at your local “return receipt requested,” Social Security office or you or with some other process can download one from the that gives you proof that the Social Security Administration collection agency received your web site: www.ssa.gov/online/ letter. If the collection agency ssa-7004.pdf. continues to contact you, file a complaint with the Colorado Step 9: NOTIFY THE STATE Collection Agency Board, 1525 DEPARTMENT Sherman Street, 7th Floor, If your passport has been , CO 80203. 303-866- stolen, notify the passport 5304. Additional information office in writing to be on guard is available on-line at www. for anyone ordering a new ago.state.co.us/cab.htm. passport in your name. Contact: DO NOT GIVE UP US Department of State Clearing up the problems Passport Services caused by identity theft can Consular Lost/Stolen Passport be time intensive, as well as Section an emotional and frustrating 1111 19th Street, N.W. process. It can take weeks, Suite 500 and even months, of work Washington, D.C. 20036 contacting creditors and credit (202) 955-0430 reporting bureaus. DO NOT GIVE UP. Exercise all of your You can obtain additional consumer rights and retain an information from their web site attorney if creditors and credit http://travel.state.gov/. reporting bureaus are not cooperating with your efforts to clear your name and credit.

12 Identity theft REPAIR KIT | 13 you act the faster the less liable you are

You can check your credit report online immediately at www.annualcreditreport.com.

14 Liability

To ensure that you don’t drawals or transfers the thief end up paying hundreds or may make. If you do not even thousands of dollars in report it after 60 days, you fraudulent charges on your can lose any money the thief credit/debit cards made by withdraws or transfers from an identity thief, the best your account after course of action is to act the 60 days. quickly. The faster you act, the less liable you are for report within unauthorized charges. 60 days

CREDIT / DEBIT CARDS According to the Truth in Lending Act, your SECURITY FREEZE liability is limited to $50 in In order to prevent unauthorized credit card unauthorized access to your charges per card in most credit reports, Colorado cases. In order for this to law allows you to place a come into effect, however, “security freeze” on those you must write to the reports. Contact each creditor within 60 days of consumer reporting bureau receiving the first bill that (step 4 on page 8), in contained the fraudulent writing by certified mail charge. If an identity thief and request that a freeze changed your mailing be placed on your account. address, you must still send You cannot be charged for your letter within 60 days the initial request. Once a of when you were supposed freeze is in place, the bureau to have received it (keep will not be able to release track of your bills!). your credit report, or any information contained in the If your ATM or debit card report, without your prior, is lost or stolen, report it as express authorization. For quickly as possible. If you more information about report it within two business security freezes, including days, you are only respon- a list of those entities that sible for $50 in unauthorized will still be allowed to access withdrawals or transfers. If your credit information, visit you report it between two www.ago.state.co.us/idtheft/ and 60 days after, you may IDTheft.cfm. be responsible for up to $500 in unauthorized with-

Identity theft REPAIR KIT | 15 Checklists PLAN OF ACTION LIST DOCUMENT LIST

Because this is a lot of Here is a list of documents you information to take in, we have should have. You won’t be able provided you with a checklist to keep the originals of some to go through to make sure you of the documents so it is very have taken all the necessary important that you make a copy steps after becoming an identity for yourself. theft victim. Remember, you It is also a good idea to keep must complete all of these steps copies of the documents that in a timely manner so that the prove you are an identity theft identity theft does not get worse victim with you, such as a copy and to minimize your losses. of your police report.

■ 1. Filed a police report. ■ 1. Police report ■ 2. Obtained a copy of your ■ 2. Identity Theft Affidavit credit report. ■ 3. Bills with fraudulent ■ 3. Identified errors, charges inquiries you did not ■ 4. Documentation of know about, accounts accounts opened in you did not open, debts your name without your you did not know about, consent or anything else that seems wrong or out of ■ 5. Copies of letters sent place on your credit to credit bureaus and report. creditors ■ 4. Placed a fraud alert on ■ 6. Copies of all letters to your credit report. and from collection agencies ■ 5. Closed any accounts that might have been tampered with or opened without your knowledge or consent. ■ 6. Contacted a major credit bureau by phone and by writing to correct inaccurate information. ■ 7. Filled out the Identity Theft Affidavit. ■ 8. Contacted the correct agencies to fix inaccurate information, close accounts, or report identity theft. ■ 9. Filed a complaint with the Federal Trade Commission.

16 credit cleared

Identity theft REPAIR KIT | 17 There are a number of things you can do to minimize the chances that you will become a victim of identity theft:

� NEVER provide personal identifying or financial information during a telephone call you did not initiate. Banks, credit card companies, telephone companies and other legitimate creditors do not call to “verify” account numbers or to ask for your social security number or other personal information.

� NEVER provide personal identifying or financial information over the telephone to anyone claiming to represent a contest or sweepstakes promotion. It is illegal to market a foreign lottery in the . These calls are always fraudulent.

� NEVER carry your social security card in your purse or wallet.

� NEVER have your social security number printed on your checks, driver’s license or other financial documents. If a bank, health care provider or other entity uses your social security number for client or account identification, call or write that company and ask that a different identification number be issued.

� NEVER respond to e-mail or “pop- up” messages on your computer claiming some problem with a credit card, Internet, or other account. Promptly contact your real credit card company or ISP to verify that there are no problems with your account.

18 � Use a “cross-cut” shredder � Arrange to pick up new and get in the habit of shred- checks at your bank. NEVER ding all personal or financial have boxes of new checks deliv- documents before placing them ered to your home (they do not in the trash. Shred copies of fit in many mail slots so your bills and invoices after you have postal carrier may leave them paid them, bank statements (in- on your doorstep). cluding your cancelled checks), investment or retirement ac- � Take all credit card or ATM count statements, pre-approved receipts with you after you credit card or loan applications pay for goods or services. Do (especially those that come with not just leave them behind or a negotiable check attached), throw them away in the trash medical statements of any kind, can. Destroy them in your and any other documents with cross-cut shredder when you information about you or your get home. finances. � Write to your bank, insurance � Password protect all credit company and other financial card accounts that allow it. institutions you do business Do not use common numbers with and tell them not to or personal information (like share your customer informa- birth dates or part of your social tion with unaffiliated third security number) or commonly parties. Under federal law, chosen words (such as a child’s, they are required to honor this spouse’s, or pet’s name) for request. passwords. � Remove your name from � Control access to your credit national direct mail history. Remove your name advertising lists. from mailing lists for pre-ap- Send your name and address proved lines of credit by par- with a written request to: ticipating in the credit bureaus’ DMA Mail Preference Service “Opt-Out” program. Call ATTN: Dept. 12059580 1-888-5-“OPT OUT” (1-888- Direct Marketing Association 567-8688) to enroll. You will P.O. Box 282 need to provide your social Carmel, NY 10512 security number to verify that you are making the request, but � To dramatically reduce tele- this is a legitimate use of such phone solicitations, sign up information. with the Colorado No-Call List. Register on-line at � Be careful with your incoming www.coloradonocall.com or by and outgoing mail. If you don’t calling 1-800-309-7041. have a secure, locked mailbox, mail your bills from a curbside � Participate in the national public mailbox or directly at no-call registry by going on- your local post office. NEVER line at www.DONOTCALL.gov leave outgoing mail in an un- or by calling toll-free secured mailbox overnight. If 1-888-382-1222 you are planning on being away (TTY: 1-866-290-4236). from home, arrange with your post office to hold your mail. Identity theft REPAIR KIT | 19 Contact s

Colorado Attorney Major Check General’s Office Verification Companies www.ago.state.co.us To find out if an identity thief has ID Theft: www.ago.state.co.us/ been passing bad checks in your idtheft/IDTheft.cfm name: SCAN 1-800-262-7771 1525 Sherman Street, 7th Floor To request a copy of your Denver, CO 80203 consumer report specifically (303) 866-4500 about your checking account: Consumer Line: 1-800-222-4444 Chex Systems, Inc. at 1-800-428-9623 or Federal Trade www.chexhelp.com Commission (FTC) www.consumer.gov/idtheft To request that your checks not be accepted by retailers: FTC Consumer Response Center Certegy, Inc. (previously Equifax Room 130-B Check Systems) at 1-800-437- 600 Pennsylvania Avenue N.W. 5120 Washington, D.C., 20580 TeleCheck at 1-800-710-9898 or 1-877-ID-THEFT 1-800-927-0188 (1-877-438-4338) Social Security Major Credit Bureaus Equifax: www.equifax.com Administration www.ssa.gov P.O. Box 740241 Atlanta, GA 30374-0241 SSA Fraud Hotline 1-888-766-0008 P.O. Box 17768 , MD 21235 Experian: www.experian.com SSA Fraud Hotline: 1-800-269- P.O. Box 9532 0271 Allen, TX 75013 1-888-EXPERIAN (397-3742) U.S. Postal Inspection TransUnion: Service www.transunion.com www.usps.gov/websites/depart/ Fraud Victim Assistance Division inspect P.O. Box 6790 Call your local post office to find Fullerton, CA 92834-6790 the nearest USPIS district office 1-800-680-7289 A free copy of your credit report Colorado Division of is available from the website Motor Vehicles www.annualcreditreport.com Visit this website to find the DMV service center closest to you: or write to: www.mv.state.co.us Annual Credit Report Request Service P.O. Box 105283 Atlanta, Georgia 30348-5283 or call: 1-877-322-8228 TDD: 1-877-730-4104 20

COLORADO Att or ney Gene ral ’s Offi ce www.ago.state.co.us Colorado Attorney General’s Office

1525 Sherman St., 7th floor

Consumer Line Denver, CO 80203