|
ID Theft: When Bad Things Happen
To Your Good Name
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 parents'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: 202-326-2502; 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
and ATM Cards: What to Do If They're Lost or Stolen,
two brochures available from the FTC or at www.consumer.gov/idtheft.
|
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.)
|
|
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: 202-326-2502; 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.
| The FTC works for
the consumer to prevent fraudulent, deceptive
and unfair business practices in the marketplace
and to provide information to help consumers spot,
stop and avoid them. To file a complaint or to
get free information
on consumer issues, call toll-free, 1-877-FTC-HELP
(1-877-382-4357), or use the
online
complaint form.
The FTC enters Internet, telemarketing, identity
theft and other fraud-related complaints into
Consumer
Sentinel,
a secure, online database available to hundreds
of civil and criminal law enforcement agencies
in the U.S. and abroad. |
|
FEDERAL TRADE COMMISSION |
FOR THE CONSUMER |
|
1-877-FTC-HELP |
www.ftc.gov |
|
February
2002
|