What to do if you are a victim of ID theft

ID Theft Information
File Police Report: a. Very important to establish time of discovery & action on your part.
b. Always submit relevant documents relating to the case. Copies only
c. Itemize all creditors affected & properly identify them. name / account number / amount...
d. Obtain copy of the police report; if not then the file number.
e. Be persistent, local authorities may tell you they can't take a report. If that does not work suggest going to county or state police. If you're told that identity theft is not a crime under your state law, ask to file a Miscellaneous Incident Report instead.
f. If you don't have everything at that time needing to be added - that is ok, you can follow up later with additional information just be sure to obtain an updated police report at that time. Contact Credit Reporting Agencies to activate Fraud Alert Experian -
888-397-3742
PO Box 9532
Allen Tx, 75013 Equifax -
800-525-6285
PO Box 740241
Atlanta Ga, 30374-0241 TransUnion -
800-680-7289
Fraud Victim Assistance Department
PO Box 6790
Fullerton Ca, 92634-6790 a. When calling one credit reporting agency should activate the other 2 automatically. This is only in affect for 3 months for you to review and get disputes in order.
b. You will have a free credit report mailed out to you.
c. It will automatically opt you out from receiving junk mail cause by the credit reporting agencies selling name & addresses to creditors. Here is further information for opting out: Opt-Out: 1-888-567-8688 Mail Preference Service
Direct Marketing Association
Removal – Mailing Lists
PO Box 9008
Farmingdale NY 11735 Telephone Preference Service
Direct Marketing Association
Removal – Telemarketing Lists
PO Box 9014
Farmingdale NY 11735 Do Not Call Registery Site: http://www.ftc.gov/bcp/conline/edca...call/index.html Even if you exercise all of these options for opting-out, you may continue to receive solicitations from local merchants, religious and charitable associations, professional and alumni associations, politicians and companies with whom you conduct business. To eliminate mail from these groups- as well as mail addressed to “occupant” or “resident” – write directly to each source. To explain better about opt-out: All three credit reporting agencies on a regular basis will sale mailing lists to creditors for the purpose of soliciting various products this is how you get the pre-screened credit card offers in the mail. This is not good if you happen to move around and will result in id theft on occasion. When moving people will put in request at post office for change of address; but this forwarding, will only last one year. If there are creditors out there they mail circulation after this point – you will not know about it until to late. Recommend that should you plan to move, at least six months prior establish a PO Box with the local post office. Forward all mail to the post office address, then wait and see which creditors slip by sending directly to the physical address. Write these creditors with the correct address. This will help catch some of them out there, and opting out hopefully will catch the rest of them. Finally when you do opt out include all prior addresses and names ever used... can't be careful enough on this matter. Recommended: To further protect yourself by writing in request for Victim Statement to be added to your credit report. Must include a copy of your phone bill - section which shows your name, address, and phone number. They will add a statement like this one: Please verify identify prior to extending credit, victim of id theft, please call ... (they will add your phone number to the credit report). This can stay on your credit report for up to 7 years, unless you write in to cancel prior to that. This will be added into the remarks section on your credit reports / creditors don't have to pay additional to see this.. if they look they will know that you want them to call prior to extending credit and should do so to further protect you! This of course does not protect you further from other types of companies - which in the course of business don't review credit reports. Additional items of important to do: a. Call the Federal Trade Commission - 877-438-4338 or visit their web site: www.ftc.gov to report your fraud case.
b. Also request their booklet called: When Bad Things Happen To Your Good Name.
c. This book contains an ID Theft Affidavit in the back which you should use.
d. Be sure to read through this book, just to make sure to problem solve if there are any other organizations which may be relevant for you to contact. Review your Credit Report: a. Make note of all creditors affected by the fraudulent activity.
b. Write back dispute; noting who these creditors are and exactly why you are disputing and what you want done in the matter.
c. Forward copy of police report
d. Forward copy of id theft affidavit Contacting Creditors / Collection Agencies: a. Contact immediately as soon as you know they have been affected by the fraud.
b. Inform them immediately to close account. Change pin number / password protect and tell them you don't want them sharing your information with anyone unless it is law enforcement opt-out and include their affiliates.
b. Ask for their address specifically for their: Fraud Department.
c. By writing send in your dispute, copy of police report (or file number with contact information to the exact police department involved in the case); and a copy of your id theft affidavit.
d. Some creditors will require further steps be taken, including their own id theft affidavit. Be sure to complete and follow up with what they ask or provide.
e. Be sure to follow up all leads provided in this matter, ask questions, and research the matter if you know something to be important... finding the person responsible is just as important. Other directions may include: Information also contained in FTC booklet Contact these companies concerning bank fraud: If you're not sure which of the agencies listed below has jurisdiction over your institution, call your bank or visit www.ffiec.gov/enforcement.htm Federal Deposit Insurance Corporation FDIC
www.fdic.gov The FDIC supervises state-chartered banks that are not members of the Federal Reserve System and insures deposits at banks and savings and loans. 800-934-3342
Division of Compliance and Consumer Affairs
550 17th Street NW
Washington, DC 20429 Federal Reserve System (Fed)
www.federalreserve.gov The Fed supervises state-chartered banks that are members of the Federal Reserve System. 202-452-3693
Division of Consumer and Community Affairs
Mail Stop 801 Federal Reserve Board
Washington, DC 20551 National Credit Union Administration (NCUA)
www.ncua.gov The NCUA charters and supervises federal credit unions and insures deposits at federal credit unions and many state credit unions. 703-518-6360
Compliance Officer, National Credit Union Administration
1775 Duke Street
Alexandria VA, 22314 Office of the Comptroller of the Currency (OCC)
www.occ.treas.gov The OCC charters and supervises national banks. If the word "National" appears in the name of a bank, or the initials "N.A." follow its name, the OCC oversees its operations. 800-613-6743
Customer Assistance Group
1301 McKinney Street, Suite 3710
Houston TX, 77010 Office of Thrift Supervision (OTS)
www.ots.treas.gov The OTS is the primary regulator of all federal, and many state-chartered, thrift institutions, which include savings banks and savings and loan institutions. 202-906-6000
Office of Thrift Supervision
1700 G Street NW
Washington DC, 20552 There is more great information in the FTC provided book, but it is a great start for understanding your rights in these matters. ATM Cards: If your ATM card has been lost or stolen or otherwise compromised, cancel the card as soon as you can. Get a new card with a new PIN. a. 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.
b. If you report your ATM card lost or stolen after the two business days, but within 60 days after a statement showing an unauthorized electronic fund transfer, you can be liable for up to $500 of what a thief withdrawals.
c. If you wait more then 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. Note: After receiving notification about an error on your statement, the financial institution generally has 10 business days to investigate. The institution must tell you the results of its investigation within three business days after completing it and must correct an error within one business day after determining that the error has occurred. If the institution needs more time, it may take up to 45 days to complete the investigation - but only if the money in dispute is returned to your account and you are notified promptly of the credit. At the end of the investigation, if no error has been found, the institution may take the money back if it sends you written explanation. NOTE: VISA & MasterCard voluntarily have agreed to limit consumers' liability for unauthorized use of their debt 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. Checks: If your checks have been stolen or misused; stop payment and ask your bank to notify the check verification service with which it does business. While no federal law limits your losses if someone steals your checks and forges your signature, state laws may protect you. Most state hold banks responsible for losses from a forged check. You can contact major check verification companies directly: TeleCheck:
800-710-9898
800-927-0188 Certegy, Inc (previously Equifax Check Systems):
800-437-5120 International Check Services:
800-631-9656 To find out if the identity thief has been passing bad checks in your name call: SCAN:
800-262-7771 Note: Follow up all calls in writing, send letter certified mail, return receipt requested. Keep copies for your files. To protect your rights under law, contact both the credit bureau and the information provider. 1. First call the credit bureau, then follow up in writing - only send copies of documentation (police report / id theft affidavit) and any paperwork form the creditor.
2. Provide complete name, address, social security number, date of birth, and copy of drivers license.
3. Good idea to mail back copy of credit report with disputed information circled and noted in dispute letter. a. Disputed Information that cannot be verified must be deleted from your credit file!
b. If your report contains erroneous information, the credit bureau must correct it.
c. If an item is incomplete, the credit bureau must complete it. For example, if your file shows that your have been late making payments, but fails to show that you are no longer delinquent, the credit bureau must show that you're current.
d. If your file shows an account that belongs to someone else, the credit bureau must delete it. When the investigation is complete, the credit bureau must give you written results and, if the dispute results in a change, a free copy of your report. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Date Your Name
Your Address
Your City, State, Zip Code Complaint Department
Name of the Credit Bureau
Address
City, State, Zip Code Dear Sir or Madam: I am writing to dispute the following information in my file. The items I dispute also are circled on the attached copy of the report I received. (Identify item(s) disputed by name of source, such as creditors or tax court, and identify type of item, such as credit account, judgment, etc.) I am a victim of identity theft, and did not make the charges(s). I am requesting that the item be blocked to correct my credit report. Enclosed are copies of (use this sentence if applicable and describe any enclosed documentation) supporting my position. Please investigate this (these) matter(s) and block the disputed item(s) as soon as possible. Sincerely, Your Name Enclosures: (List what you are enclosing.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Truth in Lending Act limits your liability for unauthorized credit card charges to $50 per card. The Fair Credit Billing Act (FCBA) To take advantage of the law's consumer protections, you must: a. Write to the creditor at the "billing inquiries" not the address for sending your payments. Include your name, address, account number and a description of the fraudulent charge, including the amount and date of the error. Your letter must look something like: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Date Your Name
Your Address
Your City, State, Zip Code Complaint Department
Name of Creditor
Billing Inquiries
Address
City, State, Zip Code Dear Sir or Madam: I am writing to dispute a fraudulent (charge or debit) attributed to my account in the amount of $______. I am a victim of identity theft, and I did not make this (charge or debit). I am requesting that the (charge be removed or the debit reinstated), that any finance and other charges related to the fraudulent amount be credited as well, and that I receive an accurate statement. Enclosed are copies of (use this sentence to describe any enclosed information, such as police report) supporting my position. Please investigate this matter and correct the fraudulent (charge or debit) as soon as possible. Sincerely, Your Name Enclosures: (List what you are enclosing.) Bankruptcy Fraud: U.S. Trustee (UST)
www.usdoj.gov/ust If you believe someone has filed for bankruptcy in your name write in your name, write to the U.S. Trustee in the region where the bankruptcy was filed. A list of the U.S. Trustee Programs Regional Officers is available on the UST website or check the Blue Pages of your phone book under U.S. Government Bankruptcy Administration. a. Provide proof of your identity
b. If appropriate the U.S. Trustee will make a criminal referral to law enforcement authorities if you provide appropriate documentation to substantiate your claim.
c. You also may file a complaint with the U.S. Attorney and/or the FBI in the city where the bankruptcy was filed.
d. You need to hire an attorney to help convince the bankruptcy court that the filing is fraudulent.
e. U.S. Trustee does not provide copies of court documents, you must obtain from the bankruptcy clerk's office for a fee. Criminal Violations: If wrongful criminal violations are attributed to your name, contact the arresting or citing law enforcement agency - that is the police or sheriff's department that originally arrested the person using your identity, or the court agency that issued the warrant for the arrest. a. File an impersonation report.
b. And have your identity confirmed: The police department takes a full set of your fingerprints and your photograph, and copies any photo identification documents like your driver's license, passport or visa.
c. Ask the law enforcement agency to compare the prints and photographs with those of the imposter to establish your innocence.
d. If the arrest warrant is from a state or county other then where you live, ask your local police department to send the impersonation report to the police department in the jurisdiction where the arrest warrant, traffic citation or criminal conviction originated.
e. The law enforcement agency should then recall any warrants and issue a "clearance letter" or certificate of release (if you were arrested/booked). You'll need to keep this document with you at all times in case you're wrongly arrested.
f. Also ask the law enforcement agency to file, with the district attorney's (D.A.) office and/or court where the crime took place, the record of the follow-up investigation establishing your innocence. This will result in an amended complaint being issued.
g. Ask that the "key name," or "primary name," be changed from your name to the imposter's name (or to "John Doe" if the imposter's true identity is not known), with your name noted only as an alias.
h. Will also want to clear your name in the court records. You'll need to determine which state law(s) will help you do this and how. If your state has no formal procedure for clearing your record, contact the D.A.'s office in the county where the case was originally prosecuted. Ask the D.A.'s office for the appropriate court records needed to clear your name.
i. Contact your state DMV to find out if your driver's license is being used by the identity thief. Ask that your files be flagged for possible fraud.
j. You need to hire a criminal defense attorney to help your clear your name.
k. Contact Legal Services in your state or your local bar association for help in finding an attorney. Fake Driver's License: If you think your name or SSN is being used by an identity thief to get a driver's license or a non-driver's ID card, contact your DMV. If your state uses your SSN as your driver's license number as to substitute another number. Investment Fraud: U.S. Securities & Exchange Commission (SEC)
www.sec.gov The SEC's Office of Investor Education and Assistance serves investors who complain to the SEC about investment fraud or the mishandling of their investments by securities professionals. www.sec.gov/complaint.shtml SEC OFfice of Investor Education and Assistance
450 Fifth Street NW
Washington DC, 20549-0213
202-942-7040 Mail Theft: U.S. Postal Inspection Service (USPIS)
www.usps.gov/websites/depart/inspect USPIS is the law enforcement arm of the U.S. Postal Service responsible for investigating cases of identity theft. You can locate the USPIS district office nearest you by calling your local post office or checking the list at the website. Passport Fraud: United States Department of State (USDS)
www.travel.state.gov/passport_services.html If you've lost your passport or believe it was stolen or is being used fraudulently, contact the USDS through their web site or call a local USDS office. Local field offices are listed in the Blue Pages of your telephone directory. Phone Fraud: Contact your service provider immediately to cancel the account and/or calling card. Open new accounts and choose new PINs. If you are having trouble getting fraudulent phone charges removed from your account or getting unauthorized account closed, contact the appropriate agency. For local service, contact your Public Utility Commission
For cellular phones and long distance, contact the Federal Communications Commission (FCC)
www.fcc.gov 888-CALL-FCC
TTY: 888-TELL-FCC or write:
Federal Communications Commission
Consumer Information Bureau
445 12 Street SW Room 5A863
Washington DC, 20554
e-mail: fccinfo@fcc.gov Social Security Number Theft and Misuse: The SSA Office of the Inspector General investigates cases of identity theft. SSA Fraud Hotline: 800-269-0271
Fax: 410-597-0118
SSA Fraud Hotline
PO Box 17768
Baltimore MD, 21235
e-mail: oig.hotline@ssa.gov To verify accuracy of earnings reported on your SSN and to request a copy of your Social Security Statement 800-772-1213 SHOULD I APPLY FOR A NEW SOCIAL SECURITY NUMBER? Quote:
Under certain circumstances, SSA may issue you a new SSN - at your request - if, after trying to resolve the problems brought on by identity theft, you continue to experience problems. Consider this option carefully. A new SSN may not resolve your identity theft problems, and may actually create new problems. For example, a new SSN does not necessarily ensure a new credit record because credit bureaus may combine the credit records from your old SSN with those from your new SSN. Even when the old credit information is not associated with your new SSN, the absence of any credit history under your new SSN may make it more difficult for you to get credit. And finally, there's no guarantee that a new SSN also would not be misused by an identity thief.
Tax Fraud: Internal Revenues Service (IRS)
www.treas.gov/irs/ci The IRS is responsible for administering and enforcing tax laws. 800-829-0433 Victims of identity theft who are having trouble filing their returns should call: IRS Taxpayer Advocates Office
877-777-4778

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Mar 10 2007 02:17 am

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