| |
Listen to these
consumers . . .
Someone used my Social Security number
to get credit in my name. This has caused a lot of problems. I have
been turned down for jobs, credit, and refinancing offers. This is
stressful and embarrassing. I want to open my own business, but it may
be impossible with this unresolved problem hanging over my head.
From a
consumer complaint to the FTC, May 18, 1999
Someone is using my name and Social
Security number to open credit card accounts. All the accounts are in
collections. I had no idea this was happening until I applied for a
mortgage. Because these "bad" accounts showed up on my credit report,
I didn't get the mortgage.
From a
consumer complaint to the FTC, July 13, 1999
Help! Someone is using my Social
Security number to get a job.
From a
consumer complaint to the FTC, September 20, 1999
My elderly parents are victims of
credit fraud. We don't know what to do. Someone applied for credit
cards in their name and charged nearly $20,000. Two of the card
companies have cleared my parent's name, but the third has turned the
account over to a collection agency. The agency doesn't believe Mom
and Dad didn't authorize the account. What can we do to stop the debt
collector?
From a
consumer complaint to the FTC, October 7, 1999
TABLE OF CONTENTS
Introduction
How Identity Theft
Occurs
Minimize Your Risk
- Choosing to Share
Personal Information - or Not
- Credit Bureaus
- Departments of Motor Vehicles
- Direct Marketers
- If You're a Victim
- Your First Three Steps
- Your Next Steps
- Where There's Help
- Federal Clearinghouse for Consumer
Complaints
- Federal Laws
- State Laws
- Resolving Credit
Problems
- Credit Reports
- Credit Cards
- Debt Collectors
- ATM Cards, Debit Cards and Electronic
Fund Transfers
- Resources
- Federal Government
- State and Local Governments
- Credit Bureaus
-
-
Appendix
- Instructions for Completing the ID
Theft Affidavit 24
- ID Theft Affidavit 26
-
INTRODUCTION
In
the course of a busy day, you may write a check at the grocery store,
charge tickets to a ball game, rent a car, mail your tax returns, call
home on your cell phone, order new checks or apply for a credit card.
Chances are you don't give these everyday transactions a second thought.
But someone else may.
The 1990's spawned a new variety of
crooks called identity thieves. Their stock in trade are your everyday
transactions. Each transaction requires you to share personal
information: your bank and credit card account numbers; your income;
your Social Security number (SSN); and your name, address and phone
numbers. An identity thief co-opts some piece of your personal
information and appropriates it without your knowledge to commit fraud
or theft. An all-too-common example is when an identity thief uses your
personal information to open a credit card account in your name.
Can you completely prevent identity theft
from occurring? Probably not, especially if someone is determined to
commit the crime. But you can minimize your risk by managing your
personal information wisely, cautiously and with heightened sensitivity.
The Congress of the United States asked
the Federal Trade Commission to provide information to consumers about
identity theft and to take complaints from those whose identities have
been stolen. If you've been a victim of identity theft, you can call the
FTC's Identity Theft Hotline toll-free at 1-877-IDTHEFT (438-4338). The
FTC puts your information into a secure consumer fraud database and may,
in appropriate instances, share it with other law enforcement agencies
and private entities, including any companies about which you may
complain.
In addition, the FTC has developed the ID
Theft Affidavit – a form you can use to alert companies where a new
account was opened in your name. A copy of the ID Theft Affidavit is in
this booklet. The company can then investigate the fraud and decide the
outcome of your claim. You can find a list of some of the companies and
organizations that accept or endorse the ID Theft Affidavit at
www.consumer.gov/idtheft
The FTC, working in conjunction with
other government agencies, has produced this booklet to help you guard
against and recover from identity theft.
HOW IDENTITY THEFT OCCURS
Despite
your best efforts to manage the flow of your personal information or to
keep it to yourself, skilled identity thieves may use a variety of
methods - low- and hi-tech - to gain access to your data. Here are some
of the ways imposters can get your personal information and take over
your identity.
|
How
identity thieves get your personal information:
They steal wallets and purses
containing your identification and credit and bank cards.
They steal your mail, including your
bank and credit card statements, pre-approved credit offers,
telephone calling cards and tax information.
They complete a "change of address
form" to divert your mail to another location.
They rummage through your trash, or
the trash of businesses, for personal data in a practice known as
"dumpster diving."
They fraudulently obtain your credit
report by posing as a landlord, employer or someone else who may
have a legitimate need for —
and a legal right to —
the
information.
They get your business or personnel
records at work.
They find personal information in
your home.
They use personal information you
share on the Internet.
They buy your personal information
from "inside" sources. For example, an identity thief may pay a
store employee for information about you that appears on an
application for goods, services or credit. |
How
identity thieves use your personal information:
They call your credit card issuer
and, pretending to be you, ask to change the mailing address on
your credit card account. The imposter then runs up charges on
your account. Because your bills are being sent to the new
address, it may take some time before you realize there's a
problem.
They open a new credit card account,
using your name, date of birth and SSN. When they use the credit
card and don't pay the bills, the delinquent account is reported
on your credit report.
They establish phone or wireless
service in your name.
They open a bank account in your name
and write bad checks on that account.
They file for bankruptcy under your
name to avoid paying debts they've incurred under your name, or to
avoid eviction.
They counterfeit checks or debit
cards, and drain your bank account.
They buy cars by taking out auto
loans in your name. |
MINIMIZE YOUR RISK
While
you probably can't prevent identity theft entirely, you can minimize
your risk. By managing your personal information wisely, cautiously and
with an awareness of the issue, you can help guard against identity
theft:
-
Before you reveal any
personally identifying information, find out how it will be used and
whether it will be shared with others. Ask if you have a choice about
the use of your information: can you choose to have it kept
confidential?
-
Pay attention to your
billing cycles. Follow up with creditors if your bills don't arrive on
time. A missing credit card bill could mean an identity thief has
taken over your credit card account and changed your billing address
to cover his tracks.
-
Guard your mail from
theft. Deposit outgoing mail in post office collection boxes or at
your local post office. Promptly remove mail from your mailbox after
it has been delivered. If you're planning to be away from home and
can't pick up your mail, call the U.S. Postal Service at
1-800-275-8777 to request a vacation hold. The Postal Service will
hold your mail at your local post office until you can pick it up.
-
Put 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.
-
Minimize the
identification information and the number of cards you carry to what
you'll actually need.
-
Do not give out personal
information on the phone, through the mail or over the Internet unless
you have initiated the contact or know who you're dealing with.
Identity thieves may pose as representatives of banks, Internet
service providers and even government agencies to get you to reveal
your SSN, mother's maiden name, financial account numbers and other
identifying information. Legitimate organizations with whom you do
business have the information they need and will not ask you for it.
-
Keep items with personal
information in a safe place. To thwart an identity thief who may pick
through your trash or recycling bins to capture your personal
information, tear or shred your charge receipts, copies of credit
applications, insurance forms, physician statements, bank checks and
statements that you are discarding, expired charge cards and credit
offers you get in the mail.
-
Be cautious about where
you leave personal information in your home, especially if you have
roommates, employ outside help or are having service work done in your
home.
-
Find out who has access to
your personal information at work and verify that the records are kept
in a secure location.
-
Give your SSN only when
absolutely necessary. Ask to use other types of identifiers when
possible.
-
Don't carry your SSN card;
leave it in a secure place.
-
Order a copy of your
credit report from each of the three major credit reporting agencies
every year. Make sure it is accurate and includes only those
activities you've authorized. The law allows credit bureaus to charge
you up to $9.00 for a copy of your credit
report.
Your credit report contains information
on where you work and live, the credit accounts that have been opened in
your name, how you pay your bills and whether you've been sued, arrested
or filed for bankruptcy. Checking your report on a regular basis can
help you catch mistakes and fraud before they wreak havoc on your
personal finances. See "Credit Reports" for
details about removing fraudulent and inaccurate information from your
credit report.
|
A SPECIAL WORD
ABOUT SOCIAL SECURITY NUMBERS
Your employer and financial
institution will likely need your SSN for wage and tax reporting
purposes. Other private businesses may ask you for your SSN to do
a credit check, such as when you apply for a car loan. Sometimes,
however, they simply want your SSN for general record keeping. You
don't have to give a business your SSN just because they ask for
it. If someone asks for your SSN, ask the following questions:
- Why do you need my SSN?
- How will my SSN be used?
- What law requires me to give you
my SSN?
- What will happen if I don't give
you my SSN?
Sometimes a business may not provide
you with the service or benefit you're seeking if you don't
provide your SSN. Getting answers to these questions will help you
decide whether you want to share your SSN with the business.
Remember, though, that the decision is yours. |
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/ TDD: 800-255-0056 and write: P.O.
Box 740241, Atlanta, GA 30374-0241
Experian – www.experian.com
To order your report, call: 888-EXPERIAN (397-3742) or write: P.O. Box
2104, Allen, TX 75013
To report fraud, call: 888-EXPERIAN (397-3742)/ TDD:
800-972-0322 and write: P.O. Box 9532, Allen, TX 75013
TransUnion – www.transunion.com
To order your report, call: 800-916-8800 or write:
P.O. Box 1000, Chester, PA 19022
To report fraud, call: 800-680-7289/ TDD:
877-553-7803 and write: Fraud Victim Assistance Division, P.O. Box 6790,
Fullerton, CA 92634-6790
CHOOSING TO SHARE YOUR PERSONAL INFORMATION
—
OR NOT
What
happens to the personal information you provide to companies, marketers
and government agencies? They may use your information just to process
your order. They may use it to create a profile about you and then let
you know about products, services or promotions. Or they may share your
information with others. More organizations are offering consumers
choices about how their personal information is used. For example, many
let you "opt out" of having your information shared with others or used
for promotional purposes.
You can learn more about the choices you
have to protect your personal information from credit bureaus, state
Departments of Motor Vehicles and direct marketers.
Credit Bureaus
Pre-Screened Credit Offers
If you receive pre-screened credit card offers in the mail (namely,
those based upon your credit data), but don't tear them up after you
decide you don't want to accept the offer, identity thieves may retrieve
the offers for their own use without your knowledge.
To opt out of receiving pre-screened
credit card offers, call: 1-888-5-OPTOUT (1-888-567- 8688). The three
major credit bureaus use the same toll-free number to let consumers
choose not to receive pre-screened credit offers.
Marketing Lists
Of the three major
credit bureaus, only Experian offers consumers the opportunity to have
their names removed from lists that are used for marketing and
promotional purposes. To have your name removed from Experian's
marketing lists, call 1-800-407-1088.
Departments of Motor Vehicles
Take a look at your
driver's license. All the personal information on it-and more-is on
file with your state Department of Motor Vehicles (DMV). A state DMV
may distribute your personal information for law enforcement, court
proceedings and insurance underwriting purposes, but may not distribute
it for direct marketing without your express consent.
Contact your state DMV
for more information.
Direct Marketers
The Direct Marketing Association's (DMA)
Mail, E-mail and Telephone Preference Services allow consumers to opt
out of direct mail marketing, e-mail marketing and/or telemarketing
solicitations from many national companies. Because your name will not
be on their lists, it also means that these companies can't rent or sell
your name to other companies.
To remove your name from many national
direct mail lists, write:
- Direct Marketing Association
- P.O. Box 9008
- Farmingdale, NY 11735-9014
To remove your e-mail address from many
national direct e-mail lists, visit
www.e-mps.org.
To avoid unwanted phone calls from many
national marketers, send your name, address, and telephone number to:
- DMA Telephone Preference Service
P.O. Box 9014
Farmingdale, NY 11735-9014
For more information, visit
www.the-dma.org.
IF YOU'RE A VICTIM
Sometimes
an identity thief can strike even if you've been very careful about
keeping your personal information to yourself. If you suspect that your
personal information has been hijacked and misappropriated to commit
fraud or theft, take action immediately, and keep a record of your
conversations and correspondence. You may want to use the
attached form [PDF only].
Exactly which steps you should take to protect yourself depends on your
circumstances and how your identity has been misused. However, three
basic actions are appropriatein almost every case.
Your First Three Steps
First, contact the fraud
departments of each of the three major credit bureaus.
Tell them that you're an identity theft
victim. Request that a "fraud alert" be placed in your file, as well as
a victim's statement asking that creditors call you before opening any
new accounts or changing your existing accounts. This can help prevent
an identity thief from opening additional accounts in your name.
At the same time, order copies of your
credit reports from the credit bureaus. Credit bureaus must give you a
free copy of your report if your report is inaccurate because of fraud,
and you request it in writing. Review your reports carefully to make
sure no additional fraudulent accounts have been opened in your name or
unauthorized changes made to your existing accounts. Also, check the
section of your report that lists "inquiries." Where "inquiries" appear
from the company(ies) that opened the fraudulent account(s), request
that these "inquiries" be removed from your report. (See "Credit
Reports" for more information.) In a few months, order new copies of
your reports to verify your corrections and changes, and to make sure no
new fraudulent activity has occurred.
Second, contact the creditors for
any accounts that have been tampered with or opened fraudulently.
Creditors can include credit card
companies, phone companies and other utilities, and banks and other
lenders. Ask to speak with someone in the security or fraud department
of each creditor, and follow up with a letter. It's particularly
important to notify credit card companies in writing because that's the
consumer protection procedure the law spells out for resolving errors on
credit card billing statements. Immediately close accounts that have
been tampered with and open new ones with new Personal Identification
Numbers (PINs) and passwords. Here again, 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.
Third, file a report with your
local police or the police in the community where the identity theft
took place.
Get a copy of the police report in case
the bank, credit card company or others need proof of the crime. Even if
the police can't catch the identity thief in your case, having a copy of
the police report can help you when dealing with creditors.
Your Next Steps
Although there's no question that
identity thieves can wreak havoc on your personal finances, thereare
some things you can do to take control of the situation. For example:
-
Stolen mail.
If an identity thief has stolen your mail to get new credit cards,
bank and credit card statements, pre-screened credit offers or tax
information, or if an identity thief has falsified change-of-address
forms, that's a crime. Report it to your local postal inspector.
Contact your local post office for the phone number for the nearest
postal inspection service office or check the Postal Service web site
at
www.usps.gov/websites/depart/inspect.
-
Change of address
on credit card accounts. If you discover that an identity
thief has changed the billing address on an existing credit card
account, close the account. When you open a new account, ask that a
password be used before any inquiries or changes can be made on the
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. Avoid using the same
information and numbers when you create a PIN.
-
Bank accounts.
If you have reason to believe that an identity thief has tampered with
your bank accounts, checks or ATM card, close the accounts
immediately. When you open new accounts, insist on password-only
access to minimize the chance that an identity thief can violate the
accounts.
In addition, if your checks have been
stolen or misused, stop payment. You can contact the following major
check verification companies to learn more about the services they
provide in helping you track your stolen or misused checks.
SCAN: 1-800-262-7771
TeleCheck: 1-800-710-9898 or 927-0188
CrossCheck: 1-707-586-0431
Equifax Check Systems: 1-800-437-5120
International Check Services: 1-800-526-5380
If your ATM card has been lost, stolen
or otherwise compromised, cancel the card as soon as you can and get
another with a new PIN.
-
Investments.
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 Securities and Exchange
Commission.
You can file a complaint with the SEC by visiting the Complaint Center
at www.sec.gov/complaint.shtml. Be sure to include as much detail as
possible. If you do not have access to the Internet, write to the SEC
at: SEC Office of Investor Education and Assistance, 450 Fifth Street,
NW, Washington, DC 20549-0213, or call 202-942-7040.
-
Phone service.
If an identity thief has established new 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 are having trouble getting
fraudulent phone charges removed from your account, contact your state
Public Utility Commission for local service providers or the Federal
Communications Commission for long-distance service providers and
cellular providers at
www.fcc.gov/ccb/enforce/complaints.html or 1-888-CALL-FCC.
-
Employment.
If you believe someone is using your SSN to apply for a job or to
work, that's a crime. Report it to the SSA's Fraud Hotline at
1-800-269-0271. Also 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. Follow up your calls in writing.
-
Driver's license.
If you suspect that 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 Department of Motor Vehicles. If your state uses your SSN as your
driver's license number, ask to substitute another number.
-
Bankruptcy.
If you believe someone has filed for bankruptcy using your name, write
to the U.S. Trustee in the Region where the bankruptcy was filed. A
listing of the U.S. Trustee Program's Regions can be found at
www.usdoj.gov/ust, or look in
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 referral to criminal 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.
-
Criminal
records/arrests. In rare instances, an identity thief may
create a criminal record under your name. For example, your imposter
may give your name when being arrested. If this happens to you, you
may need to hire an attorney to help resolve the problem. The
procedures for clearing your name vary by jurisdiction.
|
SHOULD I APPLY
FOR A NEW SOCIAL SECURITY NUMBER?
Under certain circumstances, SSA may
issue you a new SSN - at your request - if, after trying to
resolve the problems brought on by identity theft, you continue to
experience problems. Consider this option carefully. A new SSN may
not resolve your identity theft problems, and may actually create
new problems. For example, a new SSN does not necessarily ensure a
new credit record because credit bureaus may combine the credit
records from your old SSN with those from your new SSN. Even when
the old credit information is not associated with your new SSN,
the absence of any credit history under your new SSN may make it
more difficult for you to get credit. And finally, there's no
guarantee that a new SSN wouldn't also be misused by an identity
thief. |
WHERE THERE'S HELP...
The
FTC collects complaints about identity theft from consumers who have
been victimized. Although the FTC does not have the authority to bring
criminal cases, the Commission can help victims of identity theft by
providing information to assist them in resolving the financial and
other problems that can result from this crime. The FTC also refers
victim complaints to other appropriate government agencies and private
organizations for further action.
If you've been a victim of identity
theft,
file
a complaint with the FTC by contacting the FTC's Identity Theft
Hotline by telephone: toll-free 1-877-IDTHEFT (438-4338); TDD:
1-866-653-4261; by mail: Identity Theft Clearinghouse, Federal Trade
Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or
online: www.consumer.gov/idtheft.
Other agencies and organizations also are
working to combat identity theft. If specific institutions and companies
are not being responsive to your questions and complaints, you also may
want to contact the government agencies with jurisdiction over those
companies. They are listed in the Resources
section of this booklet.
| Federal Laws
The Federal government and numerous
states have passed laws that address the problem of identity
theft.
The Identity Theft and
Assumption Deterrence Act, enacted by Congress in October 1998
(and codified, in part, at 18 U.S.C. §
1028) is the federal law
directed at identity theft.
Violations of the Act are
investigated by federal law enforcement agencies, including the
U.S. Secret Service, the FBI, the U.S. Postal Inspection Service
and SSA's Office of the Inspector General. Federal identity theft
cases are prosecuted by the U.S. Department of Justice. |
|
Identity
Theft and Assumption Deterrence Act of 1998
The Identity Theft and
Assumption Deterrence Act makes it a federal crime when
someone:
"knowingly transfers or uses,
without lawful authority, a means of identification of
another person with the intent to commit, or to aid or abet,
any unlawful activity that constitutes a violation of
federal law, or that constitutes a felony under any
applicable state or local law."
Note that under the Act, a name
or SSN is considered a "means of identification." So is a
credit card number, cellular telephone electronic serial
number or any other piece of information that may be used
alone or in conjunction with other information to identify a
specific individual. |
|
In most instances, a conviction for
identity theft carries a maximum penalty of 15 years imprisonment, a
fine and forfeiture of any personal property used or intended to be used
to commit the crime. The Act also directs the U.S. Sentencing Commission
to review and amend the federal sentencing guidelines to provide
appropriate penalties for those persons convicted of identity theft.
Schemes to commit identity theft or fraud
also may involve violations of other statutes, such as credit card
fraud; computer fraud; mail fraud; wire fraud; financial institution
fraud; or Social Security fraud. Each of these federal offenses is a
felony and carries substantial penalties - in some cases, as high as 30
years in prison, fines and criminal forfeiture.
State Laws
Many states have passed laws related to
identity theft; others may be considering such legislation. Where
specific identity theft laws do not exist, the practices may be
prohibited under other laws. Contact your State Attorney General's
office or local consumer protection agency to find out whether your
state has laws related to identity theft, or visit
www.consumer.gov/idtheft.
State laws that had been enacted at the
time of this booklet's publication are listed below.
RESOLVING CREDIT PROBLEMS
Resolving
credit problems resulting from identity theft can be time-consuming and
frustrating. The good news is that there are federal laws that establish
procedures for correcting credit report errors and billing errors, and
for stopping debt collectors from contacting you about debts you don't
owe.
Here is a brief summary of your rights,
and what to do to clear up credit problems that result from identity
theft.
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 the sample below. 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 - usually within 30 days - 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, two brochures available from the FTC or at
www.consumer.gov/idtheft.
Credit Cards
The Truth in Lending Act limits your
liability for unauthorized credit card charges in most cases to $50 per
card. The Fair Credit Billing Act establishes procedures for resolving
billing errors on your credit card accounts.
The Act's settlement procedures apply to
disputes about "billing errors." This includes fraudulent charges on
your accounts.
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 the
sample below.
-
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.
SSend 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, two brochures available
from the FTC or at
www.consumer.gov/idtheft.
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.
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. Although
such a letter should stop the debt collector's calls, it will not
necessarily get rid of the debt itself, which may still turn up on your
credit report. In addition, 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. If you're a victim of identity theft, including a copy (NOT
original) of the police report you filed may be particularly useful.
For more information, consult
Fair Debt
Collection, a brochure available from the FTC or at
www.consumer.gov/idtheft
ATM Cards, Debit Cards and
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 the two business days, but within 60 days
after a statement showing an unauthorized electronic fund transfer,
you can be liable for up to $500 of what a thief 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 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 voluntarily have 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, consult
Electronic Banking and
Credit,
ATM and Debit Cards: What to do if They're Lost or Stolen, two
brochures available from the FTC or at
www.consumer.gov/idtheft.
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Sample Dispute Letter — Credit Bureau
Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Credit Bureau
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute the
following information in my file. The items I dispute also are
circled on the attached copy of the report I received. (Identify
item(s) disputed by name of source, such as creditors or tax
court, and identify type of item, such as credit account,
judgment, etc.)
This item is (inaccurate or
incomplete) because (describe what is inaccurate or incomplete and
why). I am requesting that the item be deleted (or request another
specific change) to correct the information.
Enclosed are copies of (use this
sentence if applicable and describe any enclosed documentation,
such as payment records, court documents) supporting my position.
Please investigate this (these) matter(s) and (delete or correct)
the disputed item(s) as soon as possible.
Sincerely, Your name
Enclosures: (List what you are
enclosing.) |
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Sample Dispute Letter — Credit Card
Issuers
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 billing
error in the amount of $______on my account. The amount is
inaccurate because (describe the problem). I am requesting that
the error be corrected, that any finance and other charges related
to the disputed 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 sales
slips, payment records) supporting my position. Please investigate
this matter and correct the billing error as soon as possible.
Sincerely,
Your name
Enclosures: (List what you are
enclosing.) |
A Special
Word About Lost or Stolen Checks
While no federal law limits your losses
if someone steals your checks and forges your signature, state laws
protect you. Most states hold the bank responsible for losses from a
forged check. At the same time, however, 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.
RESOURCES
Federal Government
Federal Trade Commission (FTC) —
www.ftc.gov
The FTC is the federal clearinghouse for complaints by victims
of identity theft. Although the FTC does not have the authority to bring
criminal cases, the Commission helps victims of identity theft by
providing them with information to help resolve the financial and other
problems that can result from identity theft. The FTC also may refer
victim complaints to other appropriate government agencies and private
organizations for action.
If you've been a victim of identity
theft, file a
complaint with the FTC by contacting the FTC's Identity Theft
Hotline by telephone: toll-free 1-877-IDTHEFT (438-4338); TDD:
1-866-653-4261; by mail: Identity Theft Clearinghouse, Federal Trade
Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or
online: www.consumer.gov/idtheft.
FTC publications:
Banking Agencies
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 agency has jurisdiction over your institution, call
your bank or visit
www.ffiec.gov/nic/default.htm.
Federal Deposit Insurance
Corporation (FDIC) — www.fdic.gov
The FDIC supervises state-chartered banks that are not
members of the Federal Reserve System and insures deposits at banks
and savings and loans.
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:
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:
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.
Department of Justice (DOJ) —
www.usdoj.gov
The DOJ and its U.S. Attorneys prosecute federal identity theft
cases. Information on identity theft is available at
www.usdoj.gov/criminal/fraud/idtheft.html.
Federal Bureau of Investigation
(FBI) — www.fbi.gov
The FBI is one of the federal criminal law enforcement agencies
that investigates cases of identity theft. Local field offices are
listed in the Blue Pages of your telephone directory.
FBI publications:
Federal Communications Commission
(FCC) — www.fcc.gov
The FCC regulates interstate and international communications
by radio, television, wire, satellite and cable. The FCC's Consumer
Information Bureau is the consumer's one-stop source for 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, or e-mail questions to
fccinfo@fcc.gov.
Internal Revenue Service (IRS) —
www.treas.gov/irs/ci
The IRS is responsible for administering and enforcing the
internal revenue 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. For assistance to victims of identity theft
schemes who are having trouble filing their correct returns, call the
IRS Taxpayer Advocates Office, toll-free: 1-877-777- 4778.
U.S. Secret Service (USSS) —
www.treas.gov/usss
The U.S. Secret Service is one of the federal law enforcement
agencies that investigates financial crimes, which may include identity
theft. Although the Secret Service generally investigates cases where
the dollar loss is substantial, your information may provide evidence of
a larger pattern of fraud requiring their involvement. Local field
offices are listed in the Blue Pages of your telephone directory.
Social Security Administration (SSA)
— www.ssa.gov
SSA may assign you a new SSN - at your request - if you
continue to experience problems even after trying to resolve the
problems resulting from identity theft. SSA field office employees work
closely with victims of identity theft and third parties to collect the
evidence needed to assign a new SSN in these cases.
SSA Office of the Inspector General (SSA/OIG)
The SSA/OIG is one of the federal law enforcement agencies that
investigates cases of identity theft.
Direct allegations that an SSN has been
stolen or misused 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
SSA publications:
U.S. Postal Inspection Service (USPIS)
— www.usps.gov/websites/depart/inspect
The USPIS is one of the federal law enforcement agencies that
investigates cases of identity theft. USPIS is the law enforcement arm
of the U.S. Postal Service. USPIS has primary jurisdiction in all
matters infringing on the integrity of the U.S. mail. You can locate the
USPIS district office nearest you by calling your local post office or
checking the list at the web site above.
U.S. Securities and Exchange
Commission (SEC) — www.sec.gov
The SEC's Office of Investor Education and Assistance serves
investors who complain to the SEC about investment fraud or the
mishandling of their investments by securities professionals. If you've
experienced identity theft in connection with a securities transaction,
you can file a complaint with the SEC by visiting the Complaint Center
at www.sec.gov/complaint.shtml. Be sure to include as much detail as
possible. If you do not have access to the Internet, write to the SEC
at: SEC Office of Investor Education and Assistance, 450 Fifth Street,
NW, Washington, DC 20549-0213, or call 202-942-7040.
U. S. Trustee (UST) —
www.usdoj.gov/ust
If you believe someone has filed for
bankruptcy using your name, write to the U.S. Trustee in the region
where the bankruptcy was filed. A list of the U.S. Trustee'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
criminal 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.
State and Local Governments
Many states and local governments have
passed laws related to identity theft; others may be considering such
legislation. Where specific identity theft laws do not exist, the
practices may be prohibited under other laws. Contact your State
Attorney General's office (for a list of state offices, visit
www.naag.org) or local consumer
protection agency to find out whether your state has laws related to
identity theft, or visit
www.consumer.gov/idtheft/.
Credit Bureaus
Equifax —
www.equifax.com
To order your report, call: 1-800-685-1111
or write: P.O. Box 740241, Atlanta, GA 30374-0241
To report fraud, call: 1-800-525-6285
and write: P.O. Box 740241, Atlanta, GA 30374-0241
Experian —
www.experian.com
To order your report, call: 1-888-EXPERIAN (397-3742)
or write: P.O. Box 2104, Allen TX 75013
To report fraud, call: 1-888-EXPERIAN (397-3742)
and write: P.O. Box 9532, Allen TX 75013
TransUnion
— www.transunion.com
To order your report, call: 800-916-8800
or write: P.O. Box 1000, Chester, PA 19022.
To report fraud, call: 1-800-680-7289
and write: Fraud Victim Assistance Division, P.O. Box 6790, Fullerton,
CA 92634
APPENDIX
Click the link below
for instructions on how to fill out the ID Theft Affidavit and to
download/print out a copy of the affidavit for yourself.
ID Theft Affidavit
PRIVACY POLICY
When you contact us with complaints or
requests for information, you can contact us by telephone, toll-free at
1-877-ID-THEFT (438-4338); by postal mail: Federal Trade Commission,
Identity Theft Clearinghouse, 600 Pennsylvania Avenue, NW, Washington,
DC 20580; or electronically via our online complaint form, located at
www.consumer.gov. Before you do,
there are a few things you should know.
The material you submit may be seen by
various people. We enter the information you send into our electronic
database. This information is shared with our attorneys and
investigators. It may also be shared with employees of various other
federal, state, or local authorities who may use this data for
regulatory or law enforcement purposes. We may also share some
information with certain private entities, such as credit bureaus and
any companies you may have complained about, where we believe that doing
so might assist in resolving identity theft-related problems. You may be
contacted by the FTC or any of the agencies or private entities to whom
your complaint has been referred. In other limited circumstances,
including requests from Congress, we may be required by law to disclose
information you submit.
You have the option to submit your
information anonymously. However, if you do not provide your name and
contact information, law enforcement and other entities will not be able
to contact you to obtain additional information to assist in identity
theft investigations and prosecutions.
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