ID Theft Prevention Manual - Section II

A.  Create a Record

Prepare a record beginning on the day you learned of the crime committed against you. List every action you are taking to resolve your ID Theft situation. We suggest doing this on a computer if possible so that you can easily add to, update, and edit your record. The report should be divided into categories of actions so that you can easily refer to the right section if the list gets long. You should include both a record of written communications AND oral communications (whenever possible, written communications are preferred). Four basic headings for your record would be:

1. Credit Bureau Communications.
2. Communications with your Creditors, Banks and Credit Card Companies.
3. Communications with Law Enforcement.
4. Costs and Time Associated with Correcting the Fraud.

This record is important, as you may need proof of communications to protect your legal rights later. A record of the costs (including receipts) and your time spent will help you prove the damages to you in the event a judge orders the fraudster to reimburse you.

B.  Contact the Three Major Credit Bureaus

As soon as possible, you should contact all three major credit bureaus (see contact information below). In each case ask for the "fraud department". Your goal right now is to check your credit report for evidence of ID Theft and put a stop to it. We have included information on improving your credit in Subsection F below. But this is something you will do later. Now, we want to do the following:

1. Obtain your credit report. The credit bureaus will send you a free credit report once you have notified them that your personal information is being used by someone else to fraudulently obtain credit. Time may be of the essence, so ask about obtaining your free credit report over the Internet.


2. Place a "security alert" on your account. When asked, credit bureaus will also place a "security alert" (sometimes called a "credit alert") on your account. This alert will notify creditors to contact you and confirm your identity before granting additional credit in your name. Such alerts are typically good for at least 90 days, but it is important to ask each credit bureau how long the alert will last.


3. File a "victim statement" (optional). Next, if you are so inclined, you may ask the credit bureau how to file a "victim statement". These statements require some affirmation by you in writing that your credit is being misused. Once the statement is recorded with the credit bureau it has the effect of requiring creditors to contact you by phone before issuing credit in your name. Unlike with the security alert, this requirement may stay in effect for up to 7 years.
   
   Credit Bureau contact information:
   
   Equifax (www.equifax.com)
   Fraud number: (888) 766-0008
   Main number: (800) 685-1111
   Address: P.O. Box 740241
   Atlanta, GA 30374-0241
   
   Experian (www.experian.com)
   Fraud number: (888) 397-3742
   Main number: (888) 397-3742
   Address: P.O. Box 9532
   Allen, TX 75013
   
   TransUnion (www.transunion.com)
   Fraud number: (800) 680-7289
   Main number: (800) 888-4213
   Address: P.O. Box 6790
   Fullerton, CA 92634-6790
   

C.  Contact Creditors

1. Review your credit report. Carefully review your credit report. It will list the credit accounts you have had or currently have, and the status of those accounts. Some may be valid, but for one reason or another you may not recognize or remember them. Make sure you get to the bottom of any suspicious notations.


2. Call the creditors. Once you identify any items on your credit report, which are suspicious or clearly fraudulent in nature contact, those creditors by the fastest means possible. If a phone number is listed, use it. Tell the creditor that you have reviewed your credit report and that the item listed by them was fraudulently obtained. Or, in the event there are unauthorized charges on your credit card, inform the credit card company that the charges are fraudulent. Your liability for the unlawful use of your lost or stolen credit card should be limited to $50.


3. Complete a "fraud affidavit." Most creditors will request what is called a "fraud affidavit". By executing this document, you are certifying under oath that the charge or charges against your credit were NOT made by you and were not authorized by you. Some creditors may ask you to have the fraud affidavit notarized. Others will accept the signatures of witnesses in lieu of notarization.
   
   We have supplied you with a fraud affidavit form prepared by the Federal Trade Commission. (See Appendix A, which you may download for free from our web site). We suggest that you use it unless a creditor requests another form. In any event, it may be useful to review it prior to calling creditors so you have an idea what kind of information they will be asking you.


4. Close accounts. Where credit accounts have been improperly opened in your name, ask that they be closed immediately. If you wish to start or continue a relationship with the creditor, set up new accounts, with new numbers, and, if appropriate, establish password access to the account. We strongly urge you to employ a credit monitoring service to monitor future account use. Credit monitoring services are discussed in Section III (B) below.

D.  Contact Other Affected Institutions

1. Banks. If your checks have been stolen or bank accounts have been violated, contact your bank immediately to inform it. You may issue "stop payment" orders on individual checks (usually for a small fee). Close your accounts and open new ones. If your ATM card has been stolen, talk to the bank about issuing a new one associated with your new account. Very importantly, change your password for the new card.
   
   The sooner you report stolen ATM cards the better for you. If you report the theft BEFORE unauthorized use, you have no liability for the unauthorized use. If you report the theft within two business days of learning of the theft, your liability is limited to $50. If you wait until after two business days, but before 60 days, you’re potential liability goes up to $500. After 60 days, your potential loss is unlimited. So, report any ATM card thefts or losses as soon as possible. (For more information see the Federal Trade Commission summary of Electronic Banking rules which is Appendix D and may be downloaded for free from our web site)
   
   If you find that merchants are not honoring your checks, it may be because they use a check verification service. If so, ask them what service they use and the 800 number of the service. Call and find out why your check has not been honored, and notify them you are a victim of ID theft.


2. Social Security Numbers. ID Theft using a stolen social security number and fraud in connection with obtaining a social security number are violations of the Social Security Act and can result in both civil and criminal consequences. If you think someone has used your Social Security number to obtain work, you may order a copy of your Social Security Statement. If you're age 25 or older and not already receiving Social Security benefits, you'll automatically receive a Social Security Statement each year. The Statement lists earnings posted to your Social Security record and provides an estimate of benefits you and your family may be eligible to receive now and in the future. You should receive your annual statement about three months before your birth month.
   
   If you don't receive a statement, you can ask for one by submitting a Request for Social Security Statement (Form 7004). You may download Form 7004 from the Social Security Administration web site at www.socialsecurity.gov/online/ssa-7004.pdf. Or, you can call the Social Security Administration at 800-772-1213 or visit your local Social Security office. It generally takes 4-6 weeks to receive a copy of your statement.
   
   If you confirm misuse of our Social Security number has occurred, it is possible to obtain a new number, but doing so is usually not advisable unless the damage to your identity is extensive. Call the Social Security Administration’s Fraud Hotline 1-800-269-0271. Speak to a Social Security representative about your particular circumstances, and view their information at http://www.ssa.gov


3. Driver Licenses. If your drivers license has been stolen or someone is using your drivers license number in check fraud or other schemes you will need to contact your state Motor Vehicle Department. Each state DMV has its own procedure for processing cases of driver’s license misuse. Most have a complaint process and will issue you a new license and number. Some also have a process for issuing a fraud alert on your license. Explain your situation to the local office and let them guide you through the process.


4. Mail Delivery. Some ID thieves will change your mailing address in order to intercept mail and hide their thievery from you. The US Postal Service is helpful in correcting such problems. Contact the US Postal Inspection Service to report your problem. The nearest office to you can be found using the locator service at http://www.usps.com/ncsc/locators/find-is.html. Or, you can call your local post office and ask for assistance. For more information about the U. S. Postal Inspection Service, visit their web site at: http://www.usps.gov/postalinspectors


5. Telephone Service and Calling Cards. If you find unauthorized calls on your phone bill, check to make sure that a missing calling card is not the sources of the calls. If so, cancel the card and ask for a new one with a different number. Some phone companies will allow you to create a password to be used anytime you make changes to your account.


6. Bogus Legal Judgments.
   
   
   1. Criminal Judgments. Sometimes those who steal identifications do more than simply misuse credit. They impersonate you in front of law enforcement and the courts. When this happens, it can result in wrongful convictions against you, false warrants for arrest and other serious consequences. If this happens, the FIRST thing you should do is contact an attorney. That attorney can then contact the authorities in the subject jurisdiction and correct the error. We advise against trying to do this on your own, as you could end up in jail or under arrest before matters are cleared up.
   
   
   2. Civil Judgments. In the event you discover that a bogus civil judgment has been entered against you as a result of ID Theft, we also recommend contacting an attorney to correct the record. He or she may need to petition the court to overturn the judgment base upon fraud. With the proper documentation, this should not be a problem but may take several months to accomplish. If you cannot afford an attorney, call the court clerk’s office for the court that issued the ruling and explain to them that you have been a victim of ID Theft and ask for help. They may refer you to legal aid services or may have a local procedure for resolving your problem.
   
   

E.  Report the Crime to the Authorities

ID Theft cases should be reported to law enforcement. Cases of credit card theft, stolen for forged checks or stolen ATM cards should usually be reported locally, to your police or sheriff’s department. Your bank may also report the crime. If you know the theft occurred elsewhere, try to report the crime to the local authorities in the jurisdiction where it occurred. They are usually in the best position to investigate and prosecute the case. In all likelihood, you are not the only victim and reporting the crime may prevent the fraudsters from repeating the crime.

Reporting the crime also creates an independent record of the events, which you can use with others to help verify what has happened to you. A police report may be requested by current or future creditors. Therefore, be thorough in the information you provide to the authorities, and include a listing of every account or creditor relationship which has been damaged by the crime. Make a few copies of the report, which you can use as needed.

Filing a police report also provides you with at least a chance of restitution, should law enforcement successfully prosecute the person or persons responsible for the fraud. If the fraud is partially due to the negligence of a legal caretaker of your private information, the evidence of a criminal proceeding may be helpful in resolving a claim for negligence against that caretaker, even if that caretaker did not itself commit the fraud.

In addition, you may want to make a complaint to the Federal Trade Commission. We recommend that you call the ID Theft Clearinghouse toll-free at 1.877.ID.THEFT (1.877.438.4338) to report the theft. The Identity Theft Hotline gives consumers a place to report the theft to the federal government and receive helpful information and statistics.


F.  Improving your Credit

You may find that many months after providing the Credit Bureaus with evidence of the ID Theft committed against you some of the negative credit references on your credit report remain. Also, you may be receiving calls or letters from creditors who have not accepted the fact that the credit they extended was to someone other than you. We have found that such instances are few when someone has followed the suggestions in this manual.

The Fair Debt Collection Practice Act protects you from harassment in the collection of debts. You can download a copy for free from our web site. See Appendix F.

You may choose to retain an attorney to resolve such problems. Perhaps you have some negative credit references on our credit report that are NOT the result of ID Theft, but need to be corrected. There are a multitude of credit improvement agencies available who offer to resolve such matters for a fee. However, we urge you to be careful in contracting with such organizations. Credit improvement organizations or regulated by Federal Law and may not make false claims or charge in advance for their services. The Federal Trade Commission suggests that self-help may be best. See their advice on credit improvement at: http://www.ftc.gov/bcp/conline/pubs/credit/repair.htm