TIPS FOR VICTIMS
This
information is provided to assist individuals who are victims or suspect
they may be victims of identity theft. It is intended as a general
guide, not as legal advice.
SOME THINGS TO DO IMMEDIATELY
Victims
of identity theft must act quickly to minimize the damage. It is very
important to keep good notes of all conversations and records of all
correspondence with your financial institutions and law enforcement
agencies, including a log of the names, dates and phone number of
persons you contacted. You also should confirm the information in
writing. Sending your letters by certified mail, return receipt
requested, will provide you with a record of your correspondence.
REPORT ID THEFT TO MAJOR CREDIT BUREAUS.
Contact
the fraud departments of each of the three major credit bureaus and
report that your identity has been stolen. Ask that a "fraud
alert" be placed in your file.
Trans
Union P.O. Box 1000
Chester, PA 19016-1000 Phone:
(800) 680-7289
Experian
(formerly TRW) P.O. Box 9532 Allen, TX
75013 Phone: 888-EXPERIAN ((888)397-3742)
Equifax
P.O. Box 105069 Atlanta,
GA 30348 Phone: (800) 525-6285
FILE A POLICE REPORT WITH LOCAL POLICE OR POLICE WHERE
IDENTITY THEFT OCCURRED.
Get
a copy of the police report and retain for your records. Credit card
companies and financial institutions may require you to show a copy of
this report to verify the crime. Keep the phone number of your
investigator and provide it to creditors and others who require
verification of your case.
CONTACT ALL CREDITORS.
For
any accounts that have been fraudulently accessed or opened, contact the
billing inquiries and security departments of the appropriate creditors
or financial institutions. Close these accounts. Use passwords - not
your mother's maiden name - on any new accounts opened. Confirm your
contact in writing. Ask that old accounts be processed as "account
closed at consumer's request." Having a "card lost or
stolen" reference because when this statement is reported to credit
bureaus, it can be interpreted as blaming you for the loss. Carefully
monitor your mail and credit card bills and report immediately any new
fraudulent activity to credit grantors.
OBTAIN FREE COPY OF YOUR CREDIT REPORT, MONITOR REGULARLY.
As
a victim of identity theft, you may obtain a free copy of your credit
report and should monitor activity every few months. Ask the credit
bureaus for names and phone numbers of credit grantors with whom
fraudulent accounts have been opened. Ask the credit bureaus to remove
inquiries that have been generated due to the fraudulent access. Other
consumers seeking a copy of their credit report may be charged a fee.
Trans
Union Phone: (800) 888-4213
Experian
(formerly TRW) Phone: 888-EXPERIAN ((888) 397-3742)
Equifax
Phone: (800) 685-1111
Under
state law (California Civil Code 1785.16(k)), a consumer submitting a
valid police report can have the credit reporting agency block the
reporting of any information that the consumer alleges appears on the
credit report as a result of identity theft. You also may want to ask
the credit bureaus to notify those who have received your credit report
in the last six months in order to alert them to the disputed and
erroneous information.
CONTEST BILLS THAT RESULT FROM IDENTITY THEFT.
Consumer
and privacy advocates suggest not paying any portion of a bill which is
a result of identity theft and not
filing for bankruptcy. This will involve disputing credit card charges
with the card company by writing to the address for "billing
error" disputes - not the bill payment address. You should follow
the directions given by the credit card company for disputing charges.
This information must be provided by the company. Your credit rating
should not be permanently affected, and no legal action should be taken
against you as a result of identity theft. If any merchant, financial
institution or collection agency suggests otherwise, simply restate your
willingness to cooperate, but don't allow yourself to be coerced into
paying fraudulent bills. Report such attempts to government regulators
immediately.
ACCESS INFORMATION IF ACCOUNT OPENED FRAUDULENTLY IN YOUR
NAME.
If
a loan, credit or utility service account has been opened fraudulently
in your name, you now can obtain a copy of the application used and a
record of transactions or charges associated with that account. The
information you learn may be useful in determining what personally
identifying information was stolen, help clear your good name and
credit, and even lead to the identity of the thief.
Here is a checklist for accessing account info under California Penal
Code section 530.8:
-
File a Police Report that you believe you are a victim of identity theft.
Keep a copy of the police
report.
-
Fill out the request forms provided by the law enforcement agency or use the
Fraudulent
Account Information Request Form
-
Fill out the Identity
Theft Affidavit
-
Send completed package (Info Request/ID Theft Affidavit/Police Report) to
each creditor where the thief opened an account using your stolen
identity.
-
Provide account information you receive to the police officer investigating
your ID theft case.
FALSE CIVIL AND CRIMINAL JUDGMENTS.
Sometimes
victims of identity theft are wrongfully accused of crimes committed by
the identity thief. If a civil judgment has been entered in your name
for actions taken or debts incurred by your impostor, contact the court
where the judgment was entered and report that you are a victim of
identity theft. If you are wrongfully prosecuted for criminal charges,
contact the state Department of Justice and the FBI and obtain
information on how to clear your name. The California Department of
Justice will be establishing a statewide data base beginning September
2001to provide certain information about identity theft crimes to
victims and law enforcement agencies.
FOR OTHER TYPES OF IDENTITY THEFT:
You
may need to change your driver's license number if someone is using
yours as identification on bad checks. Call the DMV to see if another
license was issued in your name. Put a fraud alert on your license. Go
to your local DMV to request a new number. Also, fill out the DMV's
complaint form to begin the fraud investigation process. Send supporting
documents with the completed form to the nearest DMV investigation
office.
REPORT STOLEN CHECKS AND STOP PAYMENT IMMEDIATELY.
If
you have had checks stolen or bank accounts set up fraudulently, report
it to the appropriate check verification companies. Put stop payments on
any outstanding checks that you are unsure of. Cancel your checking and
savings accounts and obtain new account numbers. Give the bank a secret
password for your account (not mother's maiden name). If your own checks
are rejected at stores where you shop, contact the check verification
company that the merchant uses. To report fraudulent use of your checks:
Chexsystems: (800) 428-9623
CrossCheck: (800) 843-0760
Equifax:
(800) 437-5120
International Check Services: (800) 631-9656
SCAN: (800) 262-7771
TeleCheck: (800) 710-9898
REPORT STOLEN ATM CARDS AND CHANGE PASSWORDS IMMEDIATELY.
Get
a new ATM card, account number and password. When creating a password,
don't use common numbers like the last four digits of your Social
Security Number or your birth date. Monitor your account statement. You
may be liable if fraud is not reported quickly.
FOR SUSPECTED FRAUDULENT CHANGE OF ADDRESS, NOTIFY LOCAL
POSTAL INSPECTOR.
Call
the U.S. Post Office to obtain the phone number of the local Postal
Inspector. Find out where fraudulent credit cards were sent. Notify the
local Postmaster for that address to forward all mail in your name to
your own address. You may also need to talk with the mail carrier.
U.S. Post Office
Phone:
(800) 275-8777
Order
a copy of your Personal Earnings and Benefits Statement and check it for
accuracy. The thief might be using your Social Security Number for employment purposes. If
you fit specific fraud victim criteria, the Social Security
Administration may change your Social Security Number.
Report fraud:
(800) 269-0271
Order Personal Earnings and Benefits Statement: (800)
772-1213
FOR SUSPECTED MISUSE, CANCEL LONG DISTANCE CALLING CARD
ACCOUNTS
If
your long distance calling card has been stolen or you discover
fraudulent charges, cancel the account and open a new one. Provide a
password which must be used any time the account is changed.
FOR MISSING OR FRAUDULENT PASSPORTS, NOTIFY THE US STATE
DEPARTMENT.
Whether
you have a passport or not, write the passport office to alert them to
anyone ordering a passport fraudulently.
SEEK LEGAL ADVICE.
You
may want to consult a lawyer to determine legal action to take against
creditors and/or credit bureaus if they are not cooperative in removing
fraudulent entries from your credit report or if negligence is a factor.
Call the local Bar Association or Legal Aid office to find an attorney
who specializes in consumer law, the Fair Credit Reporting Act and the
Fair Credit Billing Act.
IDENTITY THEFT RESOURCES
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