Protect Yourself Against Identity Theft
Protect Yourself Against Identity Theft
YOURSELF
AGAINST
IDENTITY
THEFT
2
TABLE OF CONTENTS
Introduction 3
What is Identity Theft? 5
How They Get Your Information 7
How Do You Know You Are A Victim? 10
How Do I Prove My Identity? 13
Organizing Your Case 14
What to Do First 15
Resolving Specific Problems 20
Bank Accounts and Electronic Withdrawals 20
Fraudulent New Accounts 23
Bankruptcy Fraud 24
Credit Cards 24
Criminal Violations 25
Debt Collectors 27
Mail Theft 28
Phone Fraud 29
Correcting Your Credit Report 29
Sample Blocking Letter for Credit Agencies 32
Sample Dispute Letter for Existing Accounts 33
Identity Theft Affidavit 34
Avoid Becoming a Victim 41
Staying Safe Online 45
Using an Outside Party for Protection 48
Important Contact Information 50
Conclusion 55
Information Checklist 57
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INTRODUCTION
The commercials are all over television and they certainly are attention-
grabbing! Theyre the ones where the heavy, bald guy is sitting in his easy chair
talking in a squeaky female voice about all the clothes he bought including a
bustier. Or the little old lady speaking with the gruff voice of a younger man
about the sweet motorcycle she now owned.
While we might find these commercials funny, the real victims of identity
theft find them disturbing and even painful. The media uses these types of ads to
alert us to the crime of identity theft and how everyday people can be affected.
You dont have to have a lot of money to be taken advantage of. All you need is a
social security number which, of course, we all have.
The criminals who perpetrate the crime of identity theft are sly and
cunning. Before you can even know it, youre credit is ruined and you must
jump through hoops just to get it repaired a small bit.
The problem of identity theft has become the number one fear of
consumers in the world today, and unfortunately, its becoming more and more
common.
Consider the following cases of identity theft and how it can be used to
perpetrate crime:
A man stole the identities of more than 100 people by working with
a woman who had worked in the payroll department of a cellular
telephone company. In that position, the woman had access to
confidential employee information such as Social Security numbers
and home addresses. Using the employees names and Social
Security numbers, the man was able to access their stock trading
accounts at an online brokerage and transfer money to another
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account that he had set up. One victim had more than $287,000
taken from his brokerage account without his knowledge.
When various people who picked up their mail at a U.S. post office
threw away merchandise catalogs, which contained identifying
information such as their names and account numbers, a woman
went through the trash, removed the catalogs, and used the
identifying information to order merchandise in other peoples
names.
It can happen without you even knowing it, and can ruin lives. It can take
a con just a few minutes to ruin a good name youve worked to build.
With the internet, identity theft is going global. The scary part is these
criminals are getting better and better. You can become a victim and not even
know it was YOU who started the cycle. It can start with a simple e-mail.
The victims believe, from experience, that it is the only crime where the
suspect is presumed innocent before proven guilty, and the victim is "guilty" until
proven "innocent."
In this book, well take an in-depth look at identity theft. Well explore
how your personal information can get stolen as well as ways to protect yourself.
This book will tell you the steps you need to take to recover your credit and stop
the thieves who stole what you yourself worked to build. We will also have a
special section on preventing identity theft through the internet. Its a very real
risk you take, but there are ways to keep yourself safe.
Dont let fear of the criminals keep you in a state of suspension. Learn to
keep your information safe with our guide to Protect Yourself from Identity
Theft.
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Identity theft occurs when your personal information is stolen and used
without your knowledge to commit fraud or other crimes. a con artist
appropriates anothers name, address, Social Security number or other
identifying information and uses that information to open new credit card
accounts, take over existing accounts, obtain loans in the victims name or steal
funds from the victims checking, savings, or investment accounts.
Federal law prevents identity theft victims from being held liable for bills
incurred by imposters. Consumers, however, can spend months, and even years,
in repairing the damage to their good credit. Businesses are affected greatly as
well by this crime. They have given out goods and services with illegally obtained
credit cards. With credit protection, as long as the victim can prove they didnt
make the purchases, these businesses must write off the bill without recovering
the merchandise.
A similar crime is identity fraud. A variety of abuses of the bankruptcy
system, including the concealment of assets in bankruptcy, the making of false
sworn financial statements in bankruptcy proceedings, and the filing of
bankruptcies under false social security numbers are often dubbed "identity
fraud" by prosecutors and government regulators.
Cons attempt to obtain the benefits of bankruptcy such as relief from debt
collection, while attempting to escape negative credit consequences.
In one case they leased a residence and obtained credit with the name and
social security number of an unsuspecting victim then they occupied the
residence, ran up the credit cards, and then filed for bankruptcy in the victims
name. One bankruptcy petition was filed in the name of a recently deceased
father.
Such fraudulent bankruptcy filings often wreak havoc on innocent people
who must spend substantial resources to clear their credits and their names. The
rampant theft and abuse of other peoples credit histories and social security
numbers has become one of the biggest problems of consumer bankruptcy fraud.
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A lost or stolen wallet is just one way for a thief to get your information.
They can fraudulently access your credit report by posing as an employer, loan
officer, or landlord. Internet records that are unprotected is another source.
Some will go dumpster diving looking for bills or other papers with your
personal information on it. Many people receive daily offers for credit cards. If
youre not interested, you just throw it away. Thieves love finding these! The
problem of criminals rummaging through bins for such documents is well known
and there have been reports of organized gangs paying people to pick through
landfill sites for such documents.
Shoulder surfing is done at the ATM machine and phone booths. This
means the criminal will stand behind you as you enter in your PIN number or
phone information.
Police have already arrested several individuals copying cards using the
cash machines themselves. A small electronic camera is mounted above the
keypad of the cash machine and a card reader, often only a few centimeters thick,
goes over the card slot.
At a busy machine hundreds of card numbers can be collected in a few
hours and turned into cloned cards. The wide availability of small card scanners
has also made card skimming a problem. In a matter of seconds your card's
magnetic strip can be copied and a crooked employee of a restaurant or retail
outlet can copy many cards in a day.
By far the biggest problem with identity theft is 'social engineering': this
means someone obtaining information by deception, and usually involves some
form of incentive or plain old-fashioned flattery. A veneer of officialdom also oils
the wheels and it's a surprisingly effective technique.
Several recent experiments have shown that nine in 10 people would give
up computer passwords in exchange for a small gift like a chocolate bar when
questioned by someone holding a clipboard. All too frequently people give out
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sensitive information over the telephone when they have no proof that the person
at the other end is who they say they are.
While identity theft committed in this manner still accounts for the
majority of fraud, security experts are warning that such attacks are increasingly
being abandoned in favor of electronic methods.
One of the most dangerous methods of identity theft used online is key
logging, which bypasses documents altogether. Here a piece of software records
every keystroke made on the computer, including all of your log-in details. Such
software is generally spread by viruses or as attachments in spam.
This is another old con in modern form and involves setting up a plausible
looking website that claims to be an online business. It's a cheaper, more
anonymous variant of fly-by-night operators setting up stalls in abandoned
shops.
This is especially common for people who have Pay Pal accounts or who
sell at online auction sites like eBay.
Web monitoring and hosting companies work hard to shut these websites
down within days but they can harvest thousands of account details in that time.
Online banks in particular have been targeted but so too have eBay and PayPal.
An even more advanced, and harder to detect, form of this con has come to
light recently nicknamed pharming. This involves criminals using computer
security holes to reprogram computers that allocate the addresses for all web
pages so even if you key in the correct web address, your web browser may be
directed to a bogus site. Such attacks are technically possible although none have
been confirmed as yet.
There are many ways criminals can access your personal information.
How can you find out if you have become a victim?
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Unfortunately, the most common way people find out they are victims of
identity theft is when the damage is already done.
One victim tells the account of how she found out her information had
been stolen. She writes:
I had been thinking about buying a cellular phone but someone beat me
to the punch. This person set up an account using his name and paid two
bills using my Visa/debit card number. I'm not sure how he got the
number since there's only one card. I've heard a lot of theories in the last
few days.
Nextel allowed this man to set up the account using my card and never
verified the information. Had they checked him out, they might have
found that the owner of the Visa/debit card was a woman, and not the man
starting a cellular phone account. I don't even have a cell phone! The guy
took more than half my paycheck, leaving me home all weekend with very
little money. Luckily, rent wasn't due.
Yet another victim writes:
On Xxxx xx,2000 - my birthday - my wallet was taken at the checkout
counter at (a grocery store). Security cameras showed the checker taking
my wallet, and charging nearly $500 of groceries after I left the store.
Despite my calling the police, no charges were filed against the individual
because he not "steal" the wallet from my person.
The wallet -containing my recently renewed Drivers License, MasterCard,
ATM Card, parking card, business cards (with cellular and home
numbers), and college ID card (with social security number on it) - was
never recovered. The head of store security and the police detective told
me the that wallet was probably thrown away.
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By the time these people discovered their identity had been stolen, their
credit had already been jeopardized and perhaps even ruined. They would have
to embark on the unfortunate and long journey of proving their innocence.
Though well touch on it later in this book, one thing you can do is to
monitor your credit reports faithfully. You should also be aware when bills do
not arrive as expected or you receive statements for credit cards that you do not
have.
You may be denied credit for a large purchase and not be given an
immediate reason why. This is a HUGE warning sign that your identity may have
been compromised especially if youve always had an excellent credit score.
These are all warning signs that you should not ignore under any
circumstances!
So what do you do if you think youre a victim of identity theft? The first
thing youll need to do is gather important documents and be able to prove your
identity.
You might think this would be the easiest part of combating identity theft,
but it really isnt. Think about it. The thief was allowed to pose as you, how do
the companies know that youre not also just trying to impersonate someone
else?
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This all, of course, is a daunting process. There are steps you can take,
however, to organize your case and have all the documents you need at hand to
combat the theft of your identity.
Accurate and complete records will help you to resolve your identity theft
case more quickly.
Have a plan when you contact a company. Don't assume that the person
you talk to will give you all the information or help you need. Prepare a list of
questions to ask the representative, as well as information about your identity theft.
Don't end the call until you're sure you understand everything you've been told. If
you need more help, ask to speak to a supervisor.
Write down the name of everyone you talk to, what he or she tells you, and
the date the conversation occurred. At the end of the book, well provide you with a
form to plan out your course of action. Follow this course to provide the most
accurate and up-to-date information you can.
Follow up in writing with all contacts you've made on the phone or in
person. Use certified mail, return receipt requested, so you can document what the
company or organization received and when. Keep copies of all correspondence or
forms you send. Keep the originals of supporting documents, 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. Once resolved, most cases stay resolved, but
problems can crop up.
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At this point, you can start the tedious task of contacting the companies
you need to in order to get the problem cleared up.
WHAT TO DO FIRST
Unless you want to accept responsibility for what the thieves did to you
and we assume you dont accepting the fact that this will take some time to
unravel is your very first step. You will be talking to a lot of people, copying a lot
of documents, and gathering a lot of information. Patience is key here, so keep
that in mind.
The first thing to do is contact your bank or financial institution and put
them on notice that your personal information has been compromised. You must
also contact credit card companies.
Close accounts, like credit cards and bank accounts, immediately. When
you open new accounts place passwords on them. Avoid using your mother's
maiden name, your birth date, the last four digits of your Social Security number
(SSN) or your phone number, or a series of consecutive numbers.
Call and speak with someone in the security or fraud department of each
company. Follow up in writing, and include copies (NOT originals) of supporting
documents. It's important to notify credit card companies and banks in writing.
Send your letters by certified mail, return receipt requested, so you can document
what the company received and when. Keep a file of your correspondence and
enclosures.
When you open new accounts, use new Personal Identification Numbers
(PINs) and passwords. As weve said, avoid using easily available information like
your mother's maiden name, your birth date, the last four digits of your SSN or
your phone number, or a series of consecutive numbers. This is extremely
important, so It bears repeating.
If the identity thief has made charges or debits on your accounts, or on
fraudulently opened accounts, ask the company for the forms to dispute those
transactions:
For charges and debits on existing accounts, ask the representative to send
you the company's fraud dispute forms. If the company doesn't have special
forms, write a letter to dispute the fraudulent charges or debits. In either
case, write to the company at the address given for "billing inquiries," NOT
the address for sending your payments.
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For new unauthorized accounts, ask the representative to send you the
company's fraud dispute forms. If the company already has reported these
accounts or debts on your credit report, dispute this fraudulent information.
Once you have resolved your identity theft dispute with the company, ask
for a letter stating that the company has closed the disputed accounts and has
discharged the fraudulent debts. This letter is your best proof if errors relating to
this account reappear on your credit report or you are contacted again about the
fraudulent debt.
Call the toll-free fraud number of any of the three nationwide consumer
reporting companies and place an initial fraud alert on your credit reports. An
alert can help stop someone from opening new credit accounts in your name. We
have the contact information for the three credit reporting agencies at the end of
the book.
A note about fraud alerts needs to be inserted here. There are two types of
fraud alerts: an initial alert, and an extended alert.
An initial alert stays on your credit report for at least 90 days. You
may ask that an initial fraud alert be placed on your credit report if you
suspect you have been, or are about to be, a victim of identity theft. An initial
alert is appropriate if your wallet has been stolen or if you've been taken in
by a "phishing" scam. When you place an initial fraud alert on your credit
report, you're entitled to one free credit report from each of the three
nationwide consumer reporting companies.
An extended alert stays on your credit report for seven years. You
can have an extended alert placed on your credit report if you've been a
victim of identity theft and you provide the consumer reporting company
with an "identity theft report."
When you place an extended alert on your credit report, you're entitled to
two free credit reports within twelve months from each of the three
nationwide consumer reporting companies. In addition, the consumer
reporting companies will remove your name from marketing lists for pre-
screened credit offers for five years unless you ask them to put your name
back on the list before then.
To place either of these alerts on your credit report, or to have them
removed, you will be required to provide appropriate proof of your identity: that
may include your SSN, name, address and other personal information requested
by the consumer reporting company.
When a business sees the alert on your credit report, they must verify your
identity before issuing you credit. As part of this verification process, the business
may try to contact you directly. This may cause some delays if you're trying to
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obtain credit. To compensate for possible delays, you may wish to include a cell
phone number, where you can be reached easily, in your alert. Remember to keep
all contact information in your alert current.
Once you place the fraud alert in your file, you're entitled to order free
copies of your credit reports, and, if you ask, only the last four digits of your SSN
will appear on your credit reports. Once you get your credit reports, review them
carefully.
Look for inquiries from companies you haven't contacted, accounts you
didn't open, and debts on your accounts that you can't explain. Check that
information, like your SSN, address(es), name or initials, and employers are
correct. If you find fraudulent or inaccurate information, get it removed.
Continue to check your credit reports periodically, especially for the first year
after you discover the identity theft, to make sure no new fraudulent activity has
occurred.
When it comes to your drivers license or government-issued
identification, contact the agency that issued the license or other identification
document. Follow its procedures to cancel the document and to get a
replacement. Ask the agency to flag your file so that no one else can get a license
or any other identification document from them in your name.
If your information has been misused, file a report about the theft with the
police, and file a complaint with the Federal Trade Commission, as well. If
another crime was committed for example, if your purse or wallet was stolen or
your house or car was broken into report it to the police immediately.
In all cases of identity theft or fraud, you will be doubly covered by
reporting it to the police. They will take a report documenting the crime.
After you file the police report, get a copy of the it or at the very least, the
number of the report. It can help you deal with creditors who need proof of the
crime.
If the police are reluctant to take your report, ask to file a "Miscellaneous
Incidents" report, or try another jurisdiction, like your state police. You also can
check with your state Attorney General's office to find out if state law requires the
police to take reports for identity theft. Check the Blue Pages of your telephone
directory for the phone number or check www.naag.org for a list of state
Attorneys General.
As far as the FTC is concerned, by sharing your identity theft complaint
with the FTC, you will provide important information that can help law
enforcement officials across the nation track down identity thieves and stop
them. The FTC can refer victims' complaints to other government agencies and
companies for further action, as well as investigate companies for violations of
laws the agency enforces.
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If you report the loss within two business days of discovery, your personal
loss is limited to $50. If you report the loss or theft after two business days, but
within 60 days after the unauthorized electronic fund transfer appears on your
statement, you could lose up to $500 of what the thief withdraws. If you wait
more than 60 days to report the loss or theft, you could lose all the money that
was taken from your account after the end of the 60 days.
VISA and MasterCard have voluntarily agreed to limit consumers' liability
for unauthorized use of their debit cards in most instances to $50 per card, no
matter how much time has elapsed since the discovery of the loss or theft of the
card.
The best way to protect yourself in the event of an error or fraudulent
transaction is to call the financial institution and follow up in writing by certified
letter, return receipt requested so you can prove when the institution received
your letter. Keep a copy of the letter you send for your records.
After receiving your notification about an error on your statement, the
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 it
occurred.
If the institution needs more time, it may take up to 45 days to complete
the investigation but only if the money in dispute is returned to your account and
you are notified promptly of the credit. At the end of the investigation, if no error
has been found, the institution may take the money back if it sends you a written
explanation.
In general, if an identity thief steals your checks or counterfeits checks
from your existing bank account, stop payment, close the account, and ask your
bank to notify Chex Systems, Inc. or the check verification service with which it
does business. That way, retailers can be notified not to accept these checks.
While no federal law limits your losses if someone uses your checks with a
forged signature, or uses another type of "paper" transaction such as a demand
draft, state laws may protect you. Most states hold the bank responsible for losses
from such transactions.
At the same time, most states require you to take reasonable care of your
account. For example, you may be held responsible for the forgery if you fail to
notify the bank in a timely manner that a check was lost or stolen. Contact your
state banking or consumer protection agency for more information.
You can contact major check verification companies directly.
To request that they notify retailers who use their databases not to accept
your checks, call:
TeleCheck at 1-800-710-9898 or 1-800-927-0188
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Bankruptcy Fraud
If you believe someone has filed for bankruptcy 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 Offices is available on the UST website or check the
Blue Pages of your phone book under U.S. Government Bankruptcy
Administration.
In your letter, describe the situation and provide proof of your identity.
The U.S. Trustee will make a criminal referral to law enforcement authorities if
you provide appropriate documentation to substantiate your claim.
You also may want to file a complaint with the U.S. Attorney and/or the
FBI in the city where the bankruptcy was filed. The U.S. Trustee does not provide
legal representation, legal advice, or referrals to lawyers. That means you may
need to hire an attorney to help convince the bankruptcy court that the filing is
fraudulent. The U.S. Trustee does not provide consumers with copies of court
documents. You can get them from the bankruptcy clerk's office for a fee.
Credit Cards
The Fair Credit Billing Act establishes procedures for resolving billing
errors on your credit card accounts, including fraudulent charges on your
accounts. The law also limits your liability for unauthorized credit card charges to
$50 per card. To take advantage of the law's consumer protections, you must:
Write to the creditor at the address given for "billing inquiries," NOT the
address for sending your payments. Include your name, address, account
number, and a description of the billing error, including the amount and
date of the error. See Sample Letter.
Send your letter so that it reaches the creditor within 60 days after the first
bill containing the error was mailed to you. If an identity thief changed the
address on your account and you didn't receive the bill, your dispute letter
still must reach the creditor within 60 days of when the creditor would have
mailed the bill. This is one reason it's essential to keep track of your billing
statements, and follow up quickly if your bills don't arrive on time.
You should send your letter by certified mail, and request a return receipt.
It becomes your proof of the date the creditor received the letter. Include copies
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(NOT originals) of your police report or other documents that support your
position. Keep a copy of your dispute letter.
The creditor must acknowledge your complaint in writing within 30 days
after receiving it, unless the problem has been resolved. The creditor must
resolve the dispute within two billing cycles (but not more than 90 days) after
receiving your letter.
Criminal Violations
Procedures to correct your record within criminal justice databases can
vary from state to state, and even from county to county. Some states have
enacted laws with special procedures for identity theft victims to follow to clear
their names. You should check with the office of your state Attorney General, but
you can use the following information as a general guide.
If wrongful criminal violations are attributed to your name, contact the
police or sheriff's department that originally arrested the person using your
identity, or the court agency that issued the warrant for the arrest. File an
impersonation report with the police/sheriff's department or the court, and
confirm your identity.
Ask the police department to take a full set of your fingerprints,
photograph you, and make a copies of your photo identification documents, like
your driver's license, passport, or travel visa. To establish your innocence, ask the
police to compare the prints and photographs with those of the imposter.
If the arrest warrant is from a state or county other than where you live,
ask your local police department to send the impersonation report to the police
department in the jurisdiction where the arrest warrant, traffic citation, or
criminal conviction originated.
The law enforcement agency should then recall any warrants and issue a
"clearance letter" or "certificate of release" (if the thief was arrested or booked).
You'll need to keep this document with you at all times in case you're wrongly
arrested again.
Ask the law enforcement agency to file the record of the follow-up
investigation establishing your innocence with the district attorney's (D.A.) office
and/or court where the crime took place. This will result in an amended
complaint.
Once your name is recorded in a criminal database, it's unlikely that it will
be completely removed from the official record. Ask that the "key name" or
"primary name" be changed from your name to the imposter's name (or to "John
Doe" if the imposter's true identity is not known), with your name noted as an
alias.
You'll also want to clear your name in the court records. To do this you'll
need to determine which state law(s) will help you with this and how. If your
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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.
You may need to hire a criminal defense attorney to help you clear your
name. You can contact Legal Services in your state or your local bar association
for help in finding an attorney.
Finally, contact your state Department of Motor Vehicles (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.
Stopping Debt Collectors
The Fair Debt Collection Practices Act prohibits debt collectors from using
unfair or deceptive practices to collect overdue bills that a creditor has forwarded
for collection, even if those bills don't result from identity theft.
You can stop a debt collector from contacting you in two ways:
Write a letter to the collection agency telling them to stop. Once the debt
collector receives your letter, the company may not contact you again with
two exceptions: They can tell you there will be no further contact, and they
can tell you that the debt collector or the creditor intends to take some
specific action.
Send a letter to the collection agency, within 30 days after you received
written notice of the debt, telling them that you do not owe the money.
Include copies of documents that support your position. Including a copy
(NOT original) of your police report may be useful. In this case, a collector
can renew collection activities only if it sends you proof of the debt.
If you don't have documentation to support your position, be as specific as
possible about why the debt collector is mistaken. The debt collector is
responsible for sending you proof that you're wrong.
For example, if the debt you're disputing originates from a credit card you
never applied for; ask for a copy of the application with the applicant's signature.
Then, you can prove that it's not your signature.
If you tell the debt collector that you are a victim of identity theft and it is
collecting the debt for another company, the debt collector must tell that
company that you may be a victim of identity theft.
While you can stop a debt collector from contacting you, that won't get rid
of the debt itself. It's important to contact the company that originally opened the
account to dispute the debt, otherwise that company may send it to a different
debt collector, report it on your credit report, or initiate a lawsuit to collect on the
debt.
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Mail Theft
The USPIS is the law enforcement arm of the U.S. Postal Service, and
investigates cases of identity theft. The USPIS has primary jurisdiction in all
matters infringing on the integrity of the U.S. mail.
If an identity thief has stolen your mail to get new credit cards, bank or
credit card statements, pre-screened credit offers, or tax information, or has
falsified change-of-address forms or obtained your personal information through
a fraud conducted by mail, report it to your local postal inspector.
You will then want to get a post office box instead of having local delivery
to protect your mail.
Phone Fraud
If an identity thief has established phone service in your name, is making
unauthorized calls that seem to come from and are billed to your cellular phone,
or is using your calling card and PIN, contact your service provider immediately
to cancel the account and/or calling card.
Open new accounts and choose new PIN numbers. Most companies will
work with you to remove the fradulant charges. If you're having trouble getting
them removed from your account or getting an unauthorized account closed,
contact the Federal Communications Commission. We have listed their contact
info in the section under important numbers.
You will, of course, also need to begin having your credit report corrected.
Your credit report contains information about where you live, how you pay
your bills, and whether youve been sued, arrested, or filed for bankruptcy.
Consumer reporting companies sell the information in your report to
creditors, insurers, employers, and other businesses that use it to evaluate your
applications for credit, insurance, employment, or renting a home. The federal
Fair Credit Reporting Act (FCRA) promotes the accuracy and privacy of
information in the files of the nations consumer reporting companies.
In the case of identity theft and/or fraud, this step is essential in re-
gaining your identity.
Under the FCRA, both the consumer reporting company and the
information provider (that is, the person, company, or organization that provides
information about you to a consumer reporting company) are responsible for
correcting inaccurate or incomplete information in your report. To take
advantage of all your rights under this law, contact the consumer reporting
company and the information provider.
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Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Consumer Reporting Company
Address
City, State, Zip Code
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Date
Your Name
Your Address
Your City, State, Zip Code
Your Account Number
Name of Creditor
Billing Inquiries
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute a fraudulent (charge or debit) on 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 a 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.)
Name __________________________________
Phone number _______________________
ID Theft Affidavit
Victim Information
_______________________________________________________
____
(First) (Middle) (Last) (Jr., Sr., III)
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(If different from above) When the events described in this affidavit took place, I
was known as
_______________________________________________________
_________
(First) (Middle) (Last) (Jr., Sr., III)
____________________
(month/year)
(8) (If different from above) When the events described in this affidavit took
place, my address was
________________________________________________
(____)____________________
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(____)____________________
(11) I did not authorize anyone to use my name or personal information to seek
the money, credit, loans, goods or services described in this report.
(12) I did not receive any benefit, money, goods or services as a result of the
events described in this report.
(14) To the best of my knowledge and belief, the following person(s) used my
information (for example, my name, address, date of birth, existing account
numbers, Social Security number, mothers maiden name, etc.) or identification
documents to get money, credit, loans, goods or services without my knowledge
or authorization:
____________________________________
Name (if known)
____________________________________
Address (if known)
____________________________________
Phone number(s) (if known)
_________________________________
_________________________________
Additional information (if known)
____________________________________
Name (if known)
____________________________________
Address (if known)
____________________________________
Phone number(s) (if known)
_________________________________
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_________________________________
Additional information (if known)
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
Circle One
(17) (I am) (am not) willing to assist in the prosecution of the person(s) who
committed this fraud.
Circle One
(18) (I am) (am not) authorizing the release of this information to law
enforcement for the purpose of assisting them in the investigation and
prosecution of the person(s) who committed this fraud.
Circle One
(19) (I have) (have not) reported the events described in this affidavit to the
police or other law enforcement agency.
The police (did) (did not) write a report. In the event you have contacted the
police or other law enforcement agency, please complete the following:
_____________________________
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(Agency #1)
_________________________________
(Officer/Agency personnel taking report)
____________________________
(Date of report)
_________________________________
(Report number, if any)
_____________________________
_________________________________
(Phone number)
_________________________________
(email address, if any)
_____________________________
(Agency #2)
_________________________________
(Officer/Agency personnel taking report)
_____________________________
(Date of report)
_________________________________
(Report number, if any)
_____________________________
(Phone number)
_________________________________
(email address, if any)
Documentation Checklist
Please indicate the supporting documentation you are able to provide to the
companies you plan to notify. Attach copies (NOT originals) to the affidavit
before sending it to the companies.
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copy of your official school records showing your enrollment and place of
residence.
(21) Proof of residency during the time the disputed bill occurred, the loan was
made or the other event took place (for example, a rental/lease agreement in your
name, a copy of a utility bill or a copy of an insurance bill).
(22) A copy of the report you filed with the police or sheriffs department. If you
are unable to obtain a report or report number from the police, please indicate
that in Item 19. Some companies only need the report number, not a copy of the
report. You may want to check with each company.
Signature
I certify that, to the best of my knowledge and belief, all the information on and
attached to this affidavit is true, correct, and complete and made in good faith.
__________________________________
(signature)
__________________
(date signed)
______________________________________
(Notary)
Witness:
_______________________________________
(signature)
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_______________________________________
(printed name)
____________
(date)
__________________________________
(telephone number)
Its a daunting process to be sure and one that will take quite some time to
resolve, but it can be resolved. You can reclaim your identity! How do you
prevent it from happening again?
When it comes to identity theft, you can't entirely control whether you will
become a victim. But there are certain steps you can take to minimize
recurrences.
The first and possibly most important thing consumers can do to protect
their identity is to monitor their credit reports. A recent amendment to the
federal Fair Credit Reporting Act requires each of the major nationwide
consumer reporting companies to provide you with a free copy of your credit
reports, at your request, once every 12 months.
To request a copy of your free credit report, visit
www.annualcreditreport.com or call toll-free 1-877-322-8228. Do not contact the
credit reporting companies directly. They only provide free reports through the
above web address and phone number.
Place passwords on your credit card, bank, and phone accounts. Avoid
using easily available information like your mother's maiden name, your birth
date, the last four digits of your SSN or your phone number, or a series of
consecutive numbers. When opening new accounts, you may find that many
businesses still have a line on their applications for your mother's maiden name.
Ask if you can use a password instead.
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You can physically protect yourself and your documents, but there are
other ways for thieves to secure your personal operation through your personal
computer.
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Be very careful, as some e-mails from companies like Pay Pal are very real
looking and could bait you into opening them by thinking they are legit. A good
rule of thumb with e-mails like these is to never, ever click on a link in the e-mail.
If you do, youll be prompted to enter in your information and then the thief will
have it.
You should forward any suspicious e-mails like these to the companys
spoof department. Usually, the address is spoof@(company name).com. For
example, [email protected]. They will usually respond back to you if the e-mail
was legitimate or if it was a phisher that sent it.
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Don't use an automatic log-in feature that saves your user name and
password, and always log off when you're finished. That way, if your laptop is
stolen, it's harder for a thief to access your personal information.
Before you dispose of a computer, delete all the personal information it
stored. Deleting files using the keyboard or mouse commands or reformatting
your hard drive may not be enough because the files may stay on the computer's
hard drive, where they may be retrieved easily. Use a "wipe" utility program to
overwrite the entire hard drive.
Look for website privacy policies. They should answer questions about
maintaining accuracy, access, security, and control of personal information
collected by the site, how the information will be used, and whether it will be
provided to third parties. If you don't see a privacy policy or you can't understand
it consider doing business on another site.
There is serious concern that identity theft, and more importantly the fear
of it, will stop consumers enjoying the benefits of the online world. But there's no
reason why it should; the vast majority of websites have good security and
criminals make up a tiny fraction of the online community.
But that doesn't mean we can be complacent. Fraud thrives when people
forget what they should be doing and many of these scams are easy to see
through. There's no need for paranoia but maintain a watchful eye and if in
doubt, check it out.
Just like in person, you cant guarantee protection from identity theft
online, but by adhering to these suggestions, you should have little problem
surfing with peace of mind.
There are some companies out there making offers to help protect you
from identity theft. Are they legitimate?
There a lot of ways you can protect YOURSELF from identity theft, but it
sure would be nice if someone else would do it for you. Many financial
institutions are offering this protection to their customers, and there are some
companies who will help you but much of the time, protection will be for a fee.
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Paid plans are usually low-cost around $3-10 per month and provide a
certain amount of coverage up to a specific dollar amount. This is done in the
form of an insurance policy against loss from identity theft. For example, one
companys identity theft plan costs $10 per month and gives coverage for losses
up to $15,000.
They will also give customers a copy of their credit report, monitor the
customers credit at the three major credit report agencies daily and issue a
report of any changes or possible problems.
These plans also often offer up access to some consumer education plans
to help them clear up any problems and prevent identity theft from occurring.
While this all might sound like a stellar idea, many consumer advocates
view these plans with a wary eye. Why?
This insurance runs the risk of giving consumers a false sense of security.
You still need to monitor your credit reports and your bank statements. Debit
card problems only show up on bank statements. Not credit reports. If theres a
problem in your bank accounts, you will probably need to be the one to find it.
These types of plans dont do it for you.
If you do take advantage of one of these programs, make sure they will be
checking all three reporting agencies all the time. Often, they will check with the
first three the first time then monitor only one or two thereafter
So how will you know if this type of insurance plan is for you? Its a
personal decision as to whether or not you think you need it. Just remember that
having the plan doesnt guarantee you against identity theft.
The FTC says that most identity theft is done by people who have a
legitimate reason to see your personal information like health insurance
processors, car rental places, and employers.
It's important to keep in mind that this insurance only covers identity theft
involving credit fraud. These polices won't help if someone uses your name when
they're getting a traffic ticket or has taken over your identity and owes taxes in
your name or worse!
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Equifax www.equifax.com
P.O. Box 740250
Atlanta, GA 30374-0250
(800) 525-6285
Experian www.experien.com
P.O. Box 1017
Allen, TX 75013
(888) EXPERIAN (397-3742)
Fax - (800) 301-7196
If you have trouble getting a financial institution to help you resolve your
banking-related identity theft problems, including problems with bank-issued
credit cards, contact the agency that oversees your bank (see list below). If you're
not sure which of these agencies is the right one, call your bank or visit the
National Information Center of the Federal Reserve System at www.ffiec.gov/nic/
and click on "Institution Search."
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202-942-7040
SEC Office of Investor Education and Assistance
450 Fifth Street, NW
Washington DC, 20549-0213
For problem with mail theft that cannot be resolved locally, you can
contact the USPIS.
You can locate the USPIS district office nearest you by calling your local post
office, checking the Blue Pages of your telephone directory, or visiting
www.usps.gov/websites/depart/inspect.
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If you have specific information of SSN misuse that involves the buying or
selling of Social Security cards, may be related to terrorist activity, or is designed
to obtain Social Security benefits, contact the SSA Office of the Inspector General.
Toll-free: 1-800-269-0271
Fax: 410-597-0118
SSA Fraud Hotline
P.O. Box 17768
Baltimore, MD 21235
For student loan fraud, first contact the school or program that opened the
student loan to close the loan. Also report it to the U.S. Department of
Education.
Toll-free: 1-800-MIS-USED
Office of Inspector General
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1510
Internal Revenue Service
www.irs.gov
The IRS is responsible for administering and enforcing tax laws. Identity
fraud may occur as it relates directly to your tax records. At the website, type in
the IRS key word Identity Theft for more information.
If you have an unresolved issue related to identity theft, or you have
suffered or are about to suffer a significant hardship as a result of the
administration of the tax laws, visit the IRS Taxpayer Advocate Service website
www.irs.gov/advocate/ or call toll-free: 1-877-777-4778.
Federal Trade Commission (FTC)
www.ftc.gov
1-877-FTC-HELP (382-4357)
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CONCLUSION
It can be a very scary crime as well. Identity theft is one of the most
insidious forms of white-collar crime. In a traditional fraud scheme, prospective
victims are contacted directly by criminals who use lies and deception to
persuade the victims to part with their money.
Identity theft, however, requires no direct communication between
criminal and victim. Simply doing things that are part of everyday routine --
charging dinner at a restaurant or books at an e-commerce Website, submitting
required personal information to employers or government agencies, throwing
away catalogs received in the mail, or just having casual contact with people
may give identity thieves enough of an opportunity to get unauthorized access to
personal data and commit identity theft.
Moreover, identity theft is not a crime committed for its own sake.
Criminals engage in identity theft to further and facilitate many other types of
criminal offenses, including fraud.
The Federal Department of Justice is taking identity theft crime very
seriously. They regard identity theft as a serious crime problem that requires a
comprehensive and coordinated approach. Because anyone even people who
handle their personal data with great care can become a victim of identity theft,
federal prosecutors throughout the country will continue to make use of the
identity theft offense and other criminal statutes, and to work closely with the
FTC and other agencies, to combat it effectively.
You CAN protect yourself by taking the steps outlined in this book. The
next page will provide you with a form to get together your information. Use this
form right now even if you arent a victim and keep it in a safe place. It can
be a valuable tool in organizing your personal information in general.
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Consumer
Phone Date Contact
Reporting Comments
Number Contacted Person
Company
1-800-525-
Equifax
6285
1-888-
Experian EXPERIAN
(397-3742)
1-800-680-
TransUnion
7289
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Creditor Address
and and Date Contact
Comments
Account Phone Contacted Person
Number Number
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Bank Accounts
Bank
and Phone Date Contact Account
Comments
Type of Number Contacted Person Number
Account
Investments
Stocks, CDs, IRAs,
Bank
and Phone Date Contact Account
Comments
Type of Number Contacted Person Number
Account
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