Introduction
This manual is written for the victims of the crime of ID Theft and those who wish to do what they can to protect themselves from such a fate. If you are reading this manual because you know or suspect that you are a victim of ID Theft, time is of the essence so you may want to skip to Section I and begin putting a stop to the damage to your financial life.
This document was written by attorneys and is an outgrowth of the personal experience of the authors in trying to combat ID Theft in their own lives. Those of us who are victims of ID Theft can relate to the sense of violation, which we all felt when we discovered that persons unknown to us were utilizing our private information to enrich them, and do us harm.
In 2002, there were approximately 700,000 instances of ID Theft in the United States. According to FTC Chairman Deborah Platt Majoras, a 2003 FTC survey showed that over a one-year period, nearly 10 million people – or 4.6 percent of the adult population – discovered that they were victims of some form of identity theft.
Due to the sheer volume of occurrences, law enforcement is overwhelmed, making it all the more important that we do what we can to protect ourselves.
Just what is ID Theft?
We all have personal information, which identifies us to creditors, the government and society at large. This information includes our birth certificate, driver’s license, Social Security number, credit card numbers, loan information, credit report….the list goes on. When this information is misappropriated for gain by third parties, the crime of ID Theft has occurred. It often leaves the victim with years of “picking up the pieces” and reestablishing his or her financial and personal identity.
No one is completely immune from risk of ID Theft. Newspapers are full of stories about celebrities who are the targets of such scams. But, in most cases, the crime of ID Theft is perpetrated upon average citizens going about their everyday working lives. The FTC estimates that persons harmed by ID Theft don’t discover that they are victims until, on average, 14 months after the crime occurs.
What can be done to protect myself against ID Theft?
While there is no absolute protection from ID Theft, there are things, which can be done to minimize one’s vulnerability to the crime. Just like locking the doors to a home may help prevent a theft of household items, vigilance over one’s “financial house” can help prevent ID Theft or limit the damage done should it occur. These preventative measures are covered in depth in Section III of this manual.
What laws protect me?
Recent years have seen an improvement in State and Federal laws designed to protect us from ID Theft. The citations to these laws are set forth in Section IV. Additionally we have provided links and contact information to various federal agencies such as the IRS and the FBI, which have specifically addressed problems of ID Theft. The FTC has recently produced a number of useful commentaries on protecting oneself from ID Theft. They can be found at: http://www.consumer.gov/idtheft/ftcpublications.html
Thoughts and Comments?
ID Theft is a frequent and evolving crime. If you have had a particular experience, which you think it would be useful for us to know, or specific comments about the content of this manual, feel free to contact us. We would love to hear from you.
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