Car
Secrets 101
How To Save
$1000's On Your Next Vehicle
Shocking Secrets, Scams And
Tricks Revealed
Credit Repair Tips
Identity Theft
ID Theft What To
Do
FTC Complaint
ID Theft-What
Do I Do?
How do I cope
with identity theft?
Consider your identity theft incident as your "case." Your
primary goals are to:
-
close fraudulent accounts;
-
clear yourself of responsibility
for any debts or other criminal activities the thief has perpetrated
in your name;
-
ensure that your credit report is
correct, and;
-
find out as much information about
the suspect as you can so you can share that information with the
police and the FTC.
Develop a plan of
action to accomplish these goals. Make a list of the documents
you'll need and a list of companies from which you'll need to get
those documents. See
What
are the first steps I should take if I am a
victim of identity theft? and
How do I prove that I'm an identity theft
victim?
When contacting a
company, don't assume that the person you talk to will give you all
the information you need. Determine in advance what information or
result you want and develop a list of questions or a strategy to
achieve your goal. For example, the company you call first may say
they weren't the ones that extended the credit to the thief. But if
you ask, they may be able to tell you which company that did. Listen
carefully and take notes. Don't end the call until you're sure you
understand everything you've been told. If you don't feel you're
getting the help you need, ask to speak to a supervisor.
The following tips
can help keep your case organized:
-
Follow up in writing with all
contacts you've made on the phone or in person. Use certified mail,
return receipt requested.
-
Keep copies of all correspondence
or forms you send.
-
Keep a list of anyone you talk to,
what you were told, and the date of the conversation. Use
Chart Your Course of Action.
-
Keep originals of supporting
documentation, like police reports and letters to and from
creditors; share copies only.
-
Set up a filing system for easy
access to your paperwork.
-
Keep old files even if you think
your case is closed. Although most cases once resolved, stay
resolved, in some cases, problems can crop up again. Should this
happen, you'll be glad you kept your files.
What are the first
steps I should take if I'm a victim of identity theft?
Follow up
all calls in writing. Send your letter by certified mail, return
receipt requested, so you can document what the company received and
when. Keep copies for your files.
1.
Call the toll-free fraud number of any one of the
three major credit bureaus to place a fraud alert on
your credit report. This can help prevent an identity thief from
opening additional accounts in your name. As soon as the credit
bureau confirms your fraud alert, the other two credit bureaus will
automatically be notified to place fraud alerts, and all three
credit reports will be sent to you free of charge. For more
information about fraud alerts, see
What are fraud alerts
and victim statements?
Once you receive your reports, review them carefully to make sure no
fraudulent accounts have been opened in your name or unauthorized
changes made to your existing accounts. See
What should I look
for on a credit report to indicate identity theft?
and
How I do correct
inaccurate information on my credit report? You
should continue to check your reports periodically, especially in
the first year of discovery, to make sure no new fraudulent activity
has occurred.
Please note:
The automated “one-call” process only works for the initial
placement of your fraud alert. Orders for additional credit reports
or renewals of your fraud alerts must be made separately at each of
the three major credit bureaus.
2.
Contact the creditors (for example, credit card companies, phone
companies and other utilities, and banks and other lenders) to close
any accounts that have been tampered with or opened fraudulently.
Ask to speak with someone in the security or fraud department of
each creditor, then follow up in writing. It's particularly
important to notify credit card companies in writing. See
What should I do
about unauthorized charges on my credit cards?
You
may ask creditors for a copy of the application or other business
transaction records relating to your identity theft, if you think
that this information will be helpful to prove that are you are a
victim. Creditors must provide this information free of charge. See
Creditor Documentation in
How do I prove that I'm
an identity theft victim? For more information on
closing accounts see
What do I do if
someone has tampered with my existing accounts?
and
What do I do if
someone has opened new credit accounts in my name?
3. File a report with
your local police. Get a copy of the police report in case the
creditors, credit bureaus or others need proof of the crime. See
How do I prove that I'm an identity
theft victim? or
What should I do if the local police
will not take a report from me?
4. File a complaint
with the FTC. The FTC maintains a database of identity theft cases
which are used by law enforcement agencies for investigations.
Filing a complaint also helps us learn more about identity theft and
the problems victims are having so that we may better assist you.
See
Filing a Complaint with the FTC.
What should I look
for on a credit report to indicate identity theft?
Check
your credit reports carefully to make sure the information is
accurate. Look for inquiries you didn't initiate, accounts you
didn't open and unexplained debts on your legitimate accounts. Check
that information like your SSN; address(es); name and any
variations, including initials, Jr., Sr., etc.; and employers is
correct. Inaccuracies in this information may also be due to
typographical errors. Nevertheless, whether the inaccuracies are due
to fraud or error, notify the credit bureau as soon as possible by
telephone and in writing. See
How do I correct inaccurate information
on my credit report? or
How to Dispute Credit Report Errors.
Inquiries on credit reports from potential credit card issuers do
not always mean that some one has tried to get credit in your name.
Banks and credit card companies often inquire about a consumer's
creditworthiness to help them target their marketing efforts. These
inquiries will be identified in a designated section of the report.
How can I get copies
of my credit reports?
Contact
each of the three major credit bureaus:
Equifax
-
www.equifax.com
To order your report, call: 800-685-1111 or write:
P.O. Box 740241, Atlanta, GA 30374-0241
To report fraud,
call: 800-525-6285 and write:
P.O. Box 740241, Atlanta, GA 30374-0241
Hearing impaired call 1-800-255-0056 and ask the operator to call
the Auto Disclosure Line at 1-800-685-1111 to request a copy of your
report.
Experian
-
www.experian.com
To order your report, call: 888-EXPERIAN (397-3742) or write:
P.O. Box 2002, Allen TX 75013
To report fraud,
call: 888-EXPERIAN (397-3742) and write:
P.O. Box 9530, Allen TX 75013
TDD: 1-800-972-0322
Trans Union
-
www.transunion.com
To order your report, call: 800-888-4213 or write:
P.O. Box 1000, Chester, PA 19022
To report fraud,
call: 800-680-7289 and write:
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634
TDD: 1-877-553-7803
How much does a
credit report cost?
SEE UPDATE !
Each
credit bureau may charge you up to $9.00 for a copy of your report.
However, you are entitled to one free report a year if you can show
that: your report is inaccurate because of fraud; you're on welfare;
or you're unemployed and plan to look for a job within 60 days.
There also is no charge if a company has taken adverse action
against you, such as denying your application for credit, insurance
or employment, and you request your report within 60 days of
receiving the notice of the adverse action.
Certain states also have passed legislation which entitle you to a
free report or a report at a reduced rate.
UPDATE: You are
now entitled to 1 report per year Free from Each agency.
https://www.annualcreditreport.com/cra/index.jsp
If
You Live In: |
Your First Report Is: |
Additional Reports Are: |
California |
$8.00 |
$8.00 |
Colorado |
Free |
$8.00 |
Connecticut |
$5.00 |
$7.50 |
Georgia |
2
Free Reports |
$9.00 |
Maine |
$2.00 |
$2.00 |
Maryland |
Free |
$5.00 |
Massachusetts |
Free |
$8.00 |
Minnesota |
$3.00 |
$9.00 |
Montana |
$8.50 |
$8.50 |
New
Jersey |
Free |
$8.00 |
U.S.
Virgin Islands |
$1.00 |
$1.00 |
Vermont |
Free |
$7.50 |
How do I prove that
I'm an identity theft victim?
Identity
theft victims often find themselves having to prove that they're
victims, not deadbeats trying to get out of paying bad debts. So how
do you go about proving you didn't do something? Getting the right
documents and getting them to the right people is key.
The Police Report: The police report is an important document for
providing proof of the crime. Many creditors want a copy in order to
absolve you of the fraudulent debts. Send a copy to each of the
three major credit bureaus. They will block, or remove, the
information you're disputing from your credit reports. This may take
up to 30 days. The credit bureaus have the right to remove the
block, or reinstate the information, if they believe it was wrongly
placed. Because this initiative is voluntary, except in a few states
(see
Laws),
it's important to also follow the dispute procedures outlined in
How do I correct
inaccurate information on my credit reports?
Contact the credit bureaus to find out more about how this
initiative works. If you're having trouble getting a police report,
see
What should I do if
the local police will not take a report from me?
The ID Theft Affidavit: The FTC, in conjunction with banks, credit
grantors and consumer advocates, developed the
ID Theft Affidavit
to help you close unauthorized accounts and get rid of debts
wrongfully attributed to your name. If you don't have a police
report or any paperwork from creditors, send the completed ID Theft
Affidavit to the three major credit bureaus. They will use it to
start the dispute investigation process. You also can send the ID
Theft Affidavit to creditors. Not all companies accept the ID Theft
Affidavit. They may require you to use their forms instead. Check
first.
Creditor Documentation: Creditor documentation can help you prove
that you are a victim. For example, you may be able to show that the
signature on an application is not yours. By law (the
Fair Credit
Reporting Act
section 609(e), creditors must give you a copy of the application or
other business transaction records relating to your identity theft
free of charge. Creditors must provide these records within 30 days
of receipt of your request. You also may give permission to any law
enforcement agency to get these records.
In
order to obtain these records, you must mail your request to the
address chosen by the creditor. Contact the creditor’s fraud
department by telephone to find out if the creditor has chosen a
specific address. The creditor is entitled to ask you for:
(1) proof of your identity which may be a government issued ID
card, the same type of information the identity thief used to open
or access the account, or the type of information the creditor is
currently requesting from applicants or customers
and
(2) a police report and a completed affidavit which may be either
the
Identity Theft
Affidavit
or
the creditor’s own affidavit.
A
business does not have to provide the records in all cases. For
instance, a business will not provide the records if it reviews your
proof of identity and still does not have a high degree of
confidence that it knows your true identity, or if you have not told
the truth in making your request. A business also does not have to
provide the records if it is prohibited from doing so under other
provisions of state or federal law. Please note that the Gramm-Leach-Bliley
Act (Subtitle A of title V of Public Law 106-102) does not
prohibit the release of records to a victim of identity theft.
Once you have resolved your identity theft dispute with the
creditor, ask for a letter from the creditor stating that they have
closed the disputed accounts and have discharged you of the
fraudulent debts. This letter is your best proof if errors relating
to this account reappear on your credit report or you mistakenly are
contacted again about the fraudulent debt.
What are fraud alerts
and victim statements?
Fraud alerts
let creditors know that fraud has been associated with your credit
report. As a result, creditors may confirm that they're dealing with
you and not an imposter before granting credit or other services.
Victim statements
tell creditors to contact you before granting credit or other
services. Victim statements may cause delays in getting credit while
the creditor tries to contact you. If you have a cell phone, you may
want to include that number in your statement.
The following charts describe the current fraud alert and victim
statement placement procedures of the credit bureaus. Please note:
TransUnion and Equifax use a combined fraud alert and victim
statement. Be sure to confirm these procedures when you contact the
credit bureaus as they may change.
INITIAL ALERT
Credit Bureau |
Period of Initial Coverage |
Can
You Request an Alert Online? |
Is
a Free Credit Report Provided? |
TransUnion |
12
Months |
No |
Yes |
Equifax |
6
Months |
No |
Yes |
Experian |
3
Month Fraud Alert |
Yes |
Yes, can be provided online |
RENEWALS
Credit Bureau |
Period of Renewal Coverage |
Is
a Free Credit Report Provided? |
Number of Renewals Allowed |
TransUnion |
12
Months or 7 Years |
Yes |
Unlimited |
Equifax |
6
Months or 7 Years |
Yes |
Unlimited |
Experian |
3
Month Fraud Alert or 7 Year Victim Statement |
Yes, provided online |
Unlimited |
Are fraud alerts and
victim statements always effective?
Fraud
alerts and victim statements seem to be generally effective.
However, because credit grantors do not have to consider them when
extending credit, you should continue to check your credit reports
periodically, especially in your first year of discovery, to make
sure no new fraudulent activity is taking place.
What should I do if
the local police will not take a report from me?
There are
efforts at the federal, state and local level to ensure that local
law enforcement agencies understand identity theft, its impact on
victims, and the importance of taking a police report. However, we
still hear that some departments are not taking reports. The
following tips may help you to get a report if you're having
difficulties:
-
Furnish as much documentation as
you can to prove your case. Debt collection letters, credit reports,
your notarized
ID Theft Affidavit,
and other evidence of fraudulent activity can help demonstrate the
seriousness of your case.
-
Be persistent if local authorities
tell you that they can't take a report. Stress the importance of a
police report; many creditors require one to resolve your dispute.
Remind them that credit bureaus will automatically block the
fraudulent accounts and bad debts from appearing on your credit
report, but only if you can give them a copy of the police report.
-
If you're told that identity theft
is not a crime under your
state law,
ask to file a Miscellaneous Incident Report instead.
-
If you can't get the local police
to take a report, try your county police. If that doesn't work, try
your state police.
-
Some states
require the police to take reports for identity theft. Check with
the office of your State Attorney General to find out if your state
has this law.
What do I do if
someone has tampered with my existing accounts?
-
Contact the fraud department of the
company where your account has been tampered with.
-
Close the account and open a new
one. Get a new personal identification number (PIN) or password when
you open the new account. 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.
-
Dispute in writing any charges run
up by the identity thief on those accounts. Insist on having debits
reinstated. Ask the representative to send you the company's fraud
dispute forms. If the company doesn't have special forms, you can
use this
sample letter.
See
What should I do
about unauthorized charges on my credit cards?
and
How do I get back
money that was stolen from my debit card account or through other
electronic fund transfers?
-
You may ask
creditors for a copy of the application or other business
transaction records relating to your identity theft, if you think
that this information will be helpful to prove that are you are a
victim. Creditors must provide this information free of charge. See
Creditor Documentation in
How do I prove that I'm
an identity theft victim?
What should I do
about unauthorized charges on my credit cards?
The Fair Credit Billing Act (FCBA)
establishes procedures for resolving billing errors
on your credit card accounts, including fraudulent charges on your
accounts and limits your liability for unauthorized credit card
charges to $50 per card.
To take advantage of the law's consumer protections, you must:
-
Write to the creditor at the
address given for "billing inquiries," not the address for sending
your payments. Include your name, address, account number and a
description of the billing error, including the amount and date of
the error. Your letter may look something like this
sample.
-
Send your letter so that it reaches
the creditor within 60 days after the first bill containing the
error was mailed to you. If the address on your account was changed
by an identity thief and you never received the bill, your dispute
letter still must reach the creditor within 60 days of when the
creditor would have mailed the bill. This is why it's so important
to keep track of your billing statements and immediately follow up
when your bills don't arrive on time.
-
Send your letter by certified mail,
and request a return receipt. This will be your proof of the date
the creditor received the letter. Include copies (NOT originals) of
sales slips or other documents that support your position. Keep a
copy of your dispute letter.
The creditor must acknowledge your complaint in writing within 30
days after receiving it, unless the problem has been resolved. The
creditor must resolve the dispute within two billing cycles (but not
more than 90 days) after receiving your letter.
For more information, see
Fair Credit Billing and
Avoiding Credit and Charge Card Fraud.
What do I do if
someone is using my checks?
If your
checks have been stolen or misused, close the account and ask your
bank to notify the check verification service with which it does
business. While no federal law limits your losses if someone steals
your checks and forges your signature, state laws may protect you.
Most states hold the bank responsible for losses from a forged
check. At the same time, most states require you to take reasonable
care of your account. For example, you may be held responsible for
the forgery if you fail to notify the bank in a timely manner that a
check was lost or stolen. Contact your state banking or consumer
protection agency for more information.
You can contact major check verification companies directly for the
following services:
-
To request that they notify
retailers who use their databases not to accept your checks, call:
TeleCheck:
1-800-710-9898 or 927-0188
Certegy, Inc.
(previously Equifax Check Systems):
1-800-437-5120
-
To find out if the identity thief
has been passing bad checks in your name, call: SCAN: 1-800-262-7771
How do I get back
money that was stolen from my debit card account or through other
electronic fund transfers?
The Electronic Fund Transfer Act
provides consumer protections for transactions involving an ATM or
debit card or other electronic way to debit or credit an account. It
also limits your liability for unauthorized electronic fund
transfers.
It's important to report lost or stolen ATM and debit cards
immediately because the amount you can be held responsible for
depends on how quickly you report the loss.
-
If you report your ATM card lost or
stolen within two business days of discovering the loss or theft,
your losses are limited to $50.
-
If you report your ATM card lost or
stolen after two business days, but within 60 days after a statement
showing an unauthorized electronic fund transfer, you can be liable
for up to $500 of what a thief withdraws.
-
If you wait more than 60 days, you
could lose all the money that was taken from your account
after the end of the 60 days and before you report your card
missing.
The best way to protect yourself in the event of an error or
fraudulent transaction is to call the financial institution and
follow up in writing - by certified letter, return receipt requested
- so you can prove when the institution received your letter. Keep a
copy of the letter you send for your records.
After receiving notification about an error on your statement, the
institution generally has 10 business days to investigate. The
financial institution must tell you the results of its investigation
within three business days after completing it and must correct an
error within one business day after determining that the error has
occurred. If the institution needs more time, it may take up to 45
days to complete the investigation - but only if the money in
dispute is returned to your account and you are notified promptly of
the credit. At the end of the investigation, if no error has been
found, the institution may take the money back if it sends you a
written explanation.
Note:
VISA and MasterCard have voluntarily agreed to limit consumers'
liability for unauthorized use of their debit cards in most
instances to $50 per card, no matter how much time has elapsed since
the discovery of the loss or theft of the card.
For more information, see
Electronic Banking and Credit, ATM and
Debit Cards: What to do if They're Lost or Stolen
What do I do if my
bank won't correct the fraud?
If you're
having trouble getting your financial institution to help you
resolve your banking-related identity theft problems, including
problems with bank-issued credit cards, contact the agency with the
appropriate jurisdiction. If you're not sure which of the agencies
listed below has jurisdiction over your institution, call your bank
or visit
www.ffiec.gov/nic.htm and
click on "Institution Search".
Federal Deposit
Insurance Corporation (FDIC) -
www.fdic.gov
The FDIC supervises state-chartered banks that are not members of
the Federal Reserve System and insures deposits at banks and savings
and loans.
Call the FDIC Consumer Call Center at 1-800-934-3342; or write:
Federal Deposit Insurance Corporation, Division of Compliance and
Consumer Affairs, 550 17th Street, NW, Washington, DC 20429.
FDIC publications:
·
Classic
Cons... And How to Counter Them -
www.fdic.gov/consumers/consumer/news/cnsprg98/cons.html
·
A Crook
Has Drained Your Account. Who Pays? -
www.fdic.gov/consumers/consumer/news/cnsprg98/crook.html
·
Your
Wallet: A Loser's Manual -
www.fdic.gov/consumers/consumer/news/cnfall97/wallet.html
Federal Reserve
System (Fed) -
www.federalreserve.gov
The Fed supervises state-chartered banks that are members of the
Federal Reserve System.
Call: 202-452-3693; or write: Division of Consumer and Community
Affairs, Mail Stop 801, Federal Reserve Board, Washington, DC 20551;
or contact the Federal Reserve Bank in your area. The 12 Reserve
Banks are located in Boston, New York, Philadelphia, Cleveland,
Richmond, Atlanta, Chicago, St. Louis, Minneapolis, Kansas City,
Dallas and San Francisco.
National Credit Union
Administration (NCUA) -
www.ncua.gov
The NCUA charters and supervises federal credit unions and insures
deposits at federal credit unions and many state credit unions.
Call: 703-518-6360; or write: Compliance Officer, National Credit
Union Administration, 1775 Duke Street, Alexandria, VA 22314.
Office of the
Comptroller of the Currency (OCC) -
www.occ.treas.gov
The OCC charters and supervises national banks. If the word
"national" appears in the name of a bank, or the initials "N.A."
follow its name, the OCC oversees its operations.
Call: 1-800-613-6743 (business days 9:00 a.m. to 4:00 p.m. CST);
fax: 713-336-4301; write: Customer Assistance Group, 1301 McKinney
Street, Suite 3710, Houston, TX 77010.
OCC publications:
·
Check
Fraud: A Guide to Avoiding Losses -
www.occ.treas.gov/chckfrd/chckfrd.pdf
·
How to
Avoid Becoming a Victim of Identity Theft -
www.occ.treas.gov/idtheft.pdf
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.
Call: 202-906-6000; or write: Office of Thrift Supervision,
1700 G Street, NW,
Washington, DC 20552.
What do I do if
someone has opened new credit accounts in my name?
Contact
the fraud department of each creditor. Close the accounts and
dispute any charges run up on those accounts. Do not pay the
charges. Most creditors will require you to fill out fraud forms. To
save yourself time, ask if the company accepts the
ID Theft Affidavit. If
not, ask the representative to send you the company's fraud dispute
forms. Find out what, if any, other documentation, such as a police
report, the company will need.
You
may ask creditors for a copy of the application or other business
transaction records relating to your identity theft, if you think
that this information will be helpful to prove that are you are a
victim. Creditors must provide this information free of charge. See
Creditor Documentation in
How do I prove that I'm an identity
theft victim?
How do I find contact
information for a company that has opened fraudulent accounts?
If the
company is listed in your credit report, the credit bureau can
provide the contact information. If it's a well-known company, you
may be able to obtain a listing from your telephone directory book
or the toll-free directory (1-800-555-1212). You also can use a
search engine on the Internet, or your local librarian may be able
to help you.
How do I correct
inaccurate information on my credit reports?
The Fair Credit Reporting Act (FCRA)
establishes procedures for correcting mistakes on your credit record
and requires that your record be made available only for certain
legitimate business needs.
Under the FCRA, both the credit bureau and the organization that
provided the information to the credit bureau (the "information
provider"), such as a bank or credit card company, are responsible
for correcting inaccurate or incomplete information in your report.
To protect your rights under the law, contact both the credit bureau
and the information provider.
First, call the credit bureau and follow up in writing. Tell them
what information you believe is inaccurate. Include copies (NOT
originals) of documents that support your position. In addition to
providing your complete name and address, your letter should clearly
identify each item in your report that you dispute, give the facts
and explain why you dispute the information, and request deletion or
correction. You may want to enclose a copy of your report with
circles around the items in question. Your letter may look something
like this
sample.
Send your letter by certified mail, and request a return receipt so
you can document what the credit bureau received and when. Keep
copies of your dispute letter and enclosures.
Credit bureaus must investigate the items in question - within 30 or
45 days (depending on whether you provide additional information) -
unless they consider your dispute frivolous. They also must forward
all relevant data you provide about the dispute to the information
provider. After the information provider receives notice of a
dispute from the credit bureau, it must investigate, review all
relevant information provided by the credit bureau and report the
results to the credit bureau. If the information provider finds the
disputed information to be inaccurate, it must notify any nationwide
credit bureau that it reports to so that the credit bureaus can
correct this information in your file. Note that:
-
Disputed information that cannot be
verified must be deleted from your file.
-
If your report contains erroneous
information, the credit bureau must correct it.
-
If an item is incomplete, the
credit bureau must complete it. For example, if your file shows that
you have been late making payments, but fails to show that you are
no longer delinquent, the credit bureau must show that you're
current.
-
If your file shows an account that
belongs to someone else, the credit bureau must delete it.
When the investigation is complete, the credit bureau must give you
the written results and a free copy of your report if the dispute
results in a change. If an item is changed or removed, the credit
bureau cannot put the disputed information back in your file unless
the information provider verifies its accuracy and completeness, and
the credit bureau gives you a written notice that includes the name,
address and phone number of the information provider.
If you request, the credit bureau must send notices of corrections
to anyone who received your report in the past six months. Job
applicants can have a corrected copy of their report sent to anyone
who received a copy during the past two years for employment
purposes. If an investigation does not resolve your dispute, ask the
credit bureau to include your statement of the dispute in your file
and in future reports.
Second, in addition to writing to the credit bureau, tell the
creditor or other information provider in writing that you dispute
an item. Again, include copies (NOT originals) of documents that
support your position. Many information providers specify an address
for disputes. If the information provider then reports the item to
any credit bureau, it must include a notice of your dispute. In
addition, if you are correct - that is, if the disputed information
is not accurate - the information provider may not use it again.
For more information, consult
How to Dispute Credit Report Errors
and
Fair Credit Reporting.
If you provide a copy of your police report, the credit bureaus will
automatically block the inaccurate information from appearing on
your credit reports sent to companies that request your report. This
may take up to 30 days. The credit bureaus have the right to remove
the block, if they believe it was wrongly placed. Except in a few
states which have made it a
law, blocking the
inaccurate information based on a police report is a voluntary
initiative by the credit bureaus. It is not part of the FCRA,
therefore it's still important to follow all the steps previously
mentioned in order to obtain the full benefits due you under the
law. Contact the credit bureaus to find out more about how this
initiative works. If you're having trouble getting a police report,
see
What should I do if the local police
will not take a report from me?
How do I stop debt
collectors from contacting me?
The Fair Debt Collection Practices Act
prohibits debt collectors from using unfair or
deceptive practices to collect overdue bills that a creditor has
forwarded for collection.
You can stop a debt collector from contacting you by writing a
letter to the collection agency telling them to stop. Once the debt
collector receives your letter, the company may not contact you
again - with two exceptions: they can tell you there will be no
further contact and they can tell you that the debt collector or the
creditor intends to take some specific action.
A collector also may not contact you if, within 30 days after you
receive the written notice, you send the collection agency a letter
stating you do not owe the money. In this case, a collector can
renew collection activities if you are sent proof of the debt. So,
along with your letter stating you don't owe the money, include
copies of documents that support your position. Including a copy
(NOT an original) of the police report you filed may be particularly
useful.
If you don't have documentation to support your position, be as
specific as possible about why the debt collector is mistaken. The
debt collector is responsible for sending you proof that you're
wrong. For example, if the debt in dispute originates from a credit
card you never applied for, ask for the actual application
containing the applicant's signature. You can then prove that it's
not your signature on the application. However, in many cases, the
debt collector will not send you any proof, but will instead return
the debt to the creditor.
Remember, while you can stop the debt collectors from contacting
you, that won't necessarily get rid of the debt itself. It's
important to contact the creditors individually to dispute the debt
otherwise the creditor may send it to a different debt collector,
report it on your credit report, or institute a lawsuit.
For more information, consult
Fair Debt Collection.
What do I do if
someone has filed for bankruptcy in my name?
If you
believe someone has filed for bankruptcy in your name, write to the
U.S. Trustee (UST) in the region where the bankruptcy was filed. A
list of the U.S. Trustee Programs's Regional Offices is available on
the UST Web site, or check the Blue Pages of your phone book under
U.S. Government Bankruptcy Administration.
Your letter should describe the situation and provide proof of your
identity. The U.S. Trustee, if appropriate, will make a criminal
referral to law enforcement authorities if you provide appropriate
documentation to substantiate your claim. You also may want to file
a complaint with the U.S. Attorney and/or the FBI in the city where
the bankruptcy was filed. The U.S. Trustee does not provide legal
representation, legal advice or referrals to lawyers. That means you
may need to hire an attorney to help convince the bankruptcy court
that the filing is fraudulent. The U.S. Trustee does not provide
consumers with copies of court documents. Those documents are
available from the bankruptcy clerk's office for a fee.
For more information, see U. S. Trustee -
www.usdoj.gov/ust
What do I do about
criminal records made in my name?
Although
procedures to correct your record within criminal justice databases
vary from state to state, and even from county to county, the
following information can be used as a general guide.
If criminal violations are wrongfully attributed to your name,
contact the arresting or citing law enforcement agency - that is,
the police or sheriff's department that originally arrested the
person using your identity, or the court agency that issued the
warrant for the arrest. File an impersonation report to confirm your
identity. The police department may take a full set of your
fingerprints and your photograph, and copies any photo
identification documents like your driver's license, passport or
visa. They should compare the prints and photographs with those of
the imposter to establish your innocence. If the arrest warrant is
from a state or county other than where you live, ask your local
police department to send the impersonation report to the police
department in the jurisdiction where the arrest warrant, traffic
citation or criminal conviction originated.
The law enforcement agency should then recall any warrants and issue
a "clearance letter" or certificate of release (if you were
arrested/booked). You'll need to keep this document with you at all
times in case you're wrongly arrested. Also, ask the law enforcement
agency to file, with the district attorney's (D.A.) office and/or
court where the crime took place, the record of the follow-up
investigation establishing your innocence. This will result in an
amended complaint being issued. Once your name is recorded in a
criminal database, it's unlikely that it will be completely removed
from the official record. Ask that the "key name," or "primary
name," be changed from your name to the imposter's name (or to "John
Doe" if the imposter's true identity is not known), with your name
noted only as an alias.
You'll also want to clear your name in the court records. You'll
need to determine which state law(s) will help you do this and how.
If your state has no formal procedure for clearing your record,
contact the D.A.'s office in the county where the case was
originally prosecuted. Ask the D.A.'s office for the appropriate
court records needed to clear your name.
Finally, contact your state DMV to find out if your driver's license
is being used by the identity thief. Ask that your files be flagged
for possible fraud.
You may need to hire a criminal defense attorney to help you clear
your name. Contact Legal Services in your state or your local bar
association for help in finding an attorney.
What do I do if the
identity thief has gotten a driver's license in my name?
If you
think your name or SSN is being used by an identity thief to get a
driver's license or a non-driver's ID card, contact your DMV. If
your state uses your SSN as your driver's license number, ask to
substitute another number.
What do I do about
investment transactions made in my name?
The U.S.
Securities and Exchange Commission's (SEC) Office of Investor
Education and Assistance serves investors who complain to the SEC
about investment fraud or the mishandling of their investments by
securities professionals. If you believe that an identity thief has
tampered with your securities investments or a brokerage account,
immediately report it to your broker or account manager and to the
SEC. You can file a complaint with the SEC using the online
Complaint Center at:
www.sec.gov/complaint.shtml.
Be sure to include as much detail as possible. If you don't have
access to the Internet, you can write to the SEC at: SEC Office of
Investor Education and Assistance, 450 Fifth Street, NW, Washington
DC, 20549-0213. For general questions, call 202-942-7040.) For
general information:
www.sec.gov.
What do I do about
stolen mail or fraudulent changes of address?
The U.S.
Postal Inspection Service (USPIS) is the law enforcement arm of the
U.S. Postal Service and is responsible for investigating cases of
identity theft. USPIS has primary jurisdiction in all matters
infringing on the integrity of the U.S. mail. If an identity thief
has stolen your mail to get new credit cards, bank or credit card
statements, pre-screened credit offers or tax information, has
falsified change-of-address forms, or obtained your personal
information through a fraud conducted by mail, report it to your
local postal inspector. You can locate the USPIS district office
nearest you by calling your local post office or checking the list
at
www.usps.gov/websites/depart/inspect.
What do I do if my
passport is lost or stolen?
If you've
lost your passport or believe it was stolen, or is being used
fraudulently, contact the United States Department of State (USDS)
at
http://www.travel.state.gov.html or call a
local USDS field office. Local field offices are listed in the Blue
Pages of your telephone directory.
What do I do if the
thief has obtained phone service in my name?
If an
identity thief has established phone service in your name, is making
unauthorized calls that seem to come from - and are billed to - your
cellular phone, or is using your calling card and PIN, contact your
service provider immediately to cancel the account and/or calling
card. Open new accounts and choose new PINs. If you're having
trouble getting fraudulent phone charges removed from your account
or getting an unauthorized account closed, contact the appropriate
agency from the list below.
For local service, contact your state Public Utility Commission,
listed in the Blue Pages of your telephone directory.
For cellular phones and long distance, contact the Federal
Communications Commission (FCC) -
www.fcc.gov. The FCC
regulates interstate and international communications by radio,
television, wire, satellite and cable. You can contact the FCC's
Consumer Information Bureau to find out about information, forms,
applications and current issues before the FCC. Call:
1-888-CALL-FCC; TTY: 1-888-TELL-FCC; or write: Federal
Communications Commission, Consumer Information Bureau, 445 12th
Street, SW, Room 5A863, Washington, DC 20554. You can file
complaints via the online complaint form at
www.fcc.gov/cgb/complaints.html,
or e-mail questions to
fccinfo@fcc.gov.
What do I do if the thief has used my identity to take out a student
loan?
Contact the school or program that opened the student loan to close
the loan. At the same time, report the fraudulent loan to the U.S.
Department of Education.
Call: Inspector General's Hotline at 1-800-MIS-USED
Online:
http://www.ed.gov/offices/OIG/hotline.htm
Write: Office of Inspector General
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1510
What do I do if the
thief is using my identity to file tax returns?
The
Internal Revenue Service (IRS)
(www.treas.gov/irs/ci)
is responsible for administering and enforcing tax laws. If you
believe someone has assumed your identity to file federal Income Tax
Returns, or to commit other tax fraud, call toll-free:
1-800-829-0433. Victims of identity theft who are having trouble
filing their returns should call the IRS Taxpayer Advocates Office,
toll-free: 1-877-777-4778.
When should I contact
the Social Security Administration?
The
Social Security Administration's Office of the Inspector General
investigates cases that involve the use of your SSN to fraudulently
obtain Social Security benefits. They also investigate cases that
involve the use of counterfeit SSN cards, the manufacturing or
selling of counterfeit SSN cards, the selling of legitimate SSN
cards or information, or the misuse of SSNs linked to terrorist
groups or activities. Report any of these allegations to the SSA
Fraud Hotline. Call: 1-800- 269-0271; fax: 410-597-0118; write: SSA
Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235; or e-mail:
oig.hotline@ssa.gov.
You also can call SSA at 1-800-772-1213 to verify the accuracy of
the earnings reported on your SSN, and to request a copy of your
Social Security Statement or to get a replacement SSN card if yours
is lost or stolen. Follow up in writing.
For more information:
http://www.ssa.gov/pubs/idtheft.htm
SSA publications:
Should I apply for a
new Social Security number?
Under
certain circumstances, the Social Security Administration may issue
you a new SSN - at your request - if, after trying to resolve the
problems brought on by identity theft, you continue to experience
problems. Consider this option carefully. A new SSN may not resolve
your identity theft problems, and may actually create new problems.
For example, a new SSN does not necessarily ensure a new credit
record because credit bureaus may combine the credit records from
your old SSN with those from your new SSN. Even when the old credit
information is not associated with your new SSN, the absence of any
credit history under your new SSN may make it more difficult for you
to get credit. And finally, there's no guarantee that a new SSN
wouldn't also be misused by an identity thief.
Should I use a credit
monitoring service?
A variety
of commercial services are available, for a fee, that will monitor
your credit reports for activity and alert you to changes; prices
and services vary widely. Many of the services only monitor one of
the three major credit bureaus. As with any product or service, make
sure you understand what you're getting before you buy. Also, check
out any company you're not familiar with before doing business with
them. Contact your local consumer protection agency or the Better
Business Bureau to find out if they have any complaints on file.
Should I buy identity
theft insurance?
Some
companies offer insurance or similar products that claim to give you
protection against the costs associated with resolving an identity
theft case. As with any product or service, make sure you understand
what you're getting before you buy. Be aware that most creditors
will only deal with you to resolve problems, so the insurance
company in most cases will not be able to reduce that burden.
Contact your local consumer protection agency or the Better Business
Bureau to find out if they have any complaints on file.
Can a credit repair
company clear up my record for me?
Claims by
companies that they can clear up your credit record are often
misleading or false. Identity theft victims, in particular, need to
clear up debts with the original creditor. Most companies won't deal
with a third party. For more information see
Credit Repair: Self-Help May Be Best.
What should I do if
I've done everything you've advised, and I am still having problems?
There are
cases where victims do everything right and still spend years
dealing with problems related to identity theft. The good news is
that most victims can get their cases resolved by being vigilant,
assertive and organized. Don't procrastinate on contacting companies
to address the problems. Don't be afraid to go up the chain of
command or make complaints, if necessary. Keep organized files. If
you haven't filed a complaint with the FTC or updated it, you should
do so and provide details of the problems that you are having. You
also can call our hotline (1-877-IDTHEFT) to talk with one of our
counselors or, for individual counseling. If your problems are
stemming from a failure of a party to perform its legal obligations,
you may want to consult an attorney who specializes in such
violations. Contact Legal Services in your state or your local bar
association for help in finding an attorney.
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