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Identity Theft
What exactly is identity theft?
Identity theft occurs when someone uses your name, address, Social Security number (SSN), bank or credit card account
number, or other identifying information without your knowledge to open accounts, commit fraud or other crimes.
How can someone steal my identity?
Identity thieves may use any number of low and or high-tech methods to gain access to your personally identifying information.
For example:
- They get information from businesses or institutions by:
- stealing records from their employer,
- bribing an employee who has access to the records,
- conning information out of employees, or
- hacking into the organization's computers.
- They rummage through your trash, the trash of businesses, or dumps in a practice known as "dumpster diving."
- They obtain credit reports by abusing their employer's authorized access to credit reports or by posing as a landlord, employer or someone else
who may have a legitimate need for and a legal right to the information.
- They steal credit and debit card account numbers as your card is processed
by using a special information storage device in a practice known as "skimming."
- They steal wallets and purses containing identification and credit and bank cards.
- They steal mail, including bank and credit card statements, pre-approved credit offers, new checks, or tax information.
- They complete a "change of address form " to divert mail to another location.
- They steal personal information from your home.
- They scam information from you by posing as a legitimate business person or government official.
What are the consequences of identity theft?
Once identity thieves have your personal information, they may:
- Go on spending sprees using your credit and debit card account
numbers to buy "big-ticket" items, like computers, that
they can easily sell.
- Open a new credit card account, using your name, date of birth and SSN. When they don't pay the bills, the delinquent account is reported on your credit report
- Change the mailing address on your credit card account. The imposter then runs up charges on the account. Because the bills are being sent to the new address, it may take some time before you realize there's a problem.
- Take out auto loans in your name.
- Establish phone or wireless service in your name.
- Counterfeit checks or debit cards, and drain your bank account.
- Open a bank account in your name and write bad checks on that account.
- File for bankruptcy under your name to avoid paying debts they've incurred, or to avoid eviction.
- Give your name to the police during an arrest. If they are released and don't show up for their court date, an arrest warrant could be issued
in your name.
PREVENTION AND PROTECTION ARE THE KEY
To avoid becoming a victim of identity theft, there are certain preventative measures you can take.
- Don’t give out personal information such as your SSN, mother’s maiden name, or account numbers over the phone or the internet unless you
know the information is secure. You can recognize a secure website, as it has an https:// at the beginning of the web address (url) at the top
of the page on which you are submitting your information. It also must have a picture of a lock in the bottom right corner of the page. If you don’t
see both of these measures in place, do not submit your information
- Your home is your castle, but your personal information should be secure from visitors or outsiders who may come in to your home to perform service.
Keep this information stored away where it can’t be easily found.
- Do not keep your Social Security Card or SS number in your purse or wallet; leave it at home in a secure spot.
- Your trash might become an identity thief’s treasure: a thief can go through your trash to find personal information from receipts, medical
bills, bank statements or checks. Even those pre-screened credit card offers that you receive can be used if they fall into the wrong hands. SHRED
ALL OF THESE
BEFORE THROWING OUT.
- DO NOT open e-mails or attachments from e-mail addresses you are unfamiliar with. There are programs you can buy that will filter out junk e-mail
and if you have an e-mail address through Hotmail(MSN), AOL, or Yahoo they offer certain protections against junk or spam e-mails.
How can I tell if I'm a victim of identity theft?
- Monitor the balances of your financial accounts. Look for unexplained
charges or withdrawals.
- Other indications of identity theft include:
- failing to receive bills or other mail, which may signal
an address change by the identity thief,
- receiving credit cards for which you did not apply,
- being denied credit for no apparent reason, or
- receiving calls or letters from debt collectors or businesses
about merchandise or services you did not buy.
Some of the signs mentioned above could be the result of a simple mistake, but you shouldn’t ignore these and just hope they will go away. Always
follow up with the business or institution to find out exactly what is causing the situation.
Remedying the Effect of Identity Theft
The Fair Credit Reporting Act(FCRA) gives you specific rights when you are, or believe that you are, the victim of identity theft. Here is a brief summary
of the rights designed to help you recover from identity theft.
-
You have the right to ask that nationwide consumer reporting
agencies place “fraud alerts” in your file to let
potential creditors and others know that you may be a victim
of identity theft. A fraud alert can make it more difficult
for someone to get credit in your name because it tells creditors
to follow certain procedures to protect you. It also may delay
your ability to obtain credit. You may place a fraud alert in
your file by calling just one of the three nationwide consumer
reporting agencies. As soon as that agency processes your fraud
alert, it will notify the other two, which then also must place
fraud alerts in your file.
An initial fraud alert stays in your file for at least 90
days. An extended alert stays in your file for seven years.
To place either of these alerts, a consumer reporting agency
will require you to provide appropriate proof of your identity,
which may include your Social Security number. We recommend
that you file a reportwith your local, federal or state law
enforcement agency (police department). This will show the credit
bureaus, your creditors and others that you are very serious
about your identity theft and will serve as back up documentation.
-
You have the rights to free copies of the information in your
file(your “file disclosure”). An initial fraud alert
entitles you to a copy of all the information in your file at
each of the three nationwide agencies, and an extended alert
entitles you to two free file disclosures in a 12-month period
following the placing of the alert. These additional disclosures
may help you detect signs of fraud, for example, whether fraudulent
accounts have been opened in your name or whether someone has
reported a change in your address. Once a year, you also have
the right to a free copy of the information in your file at
any consumer reporting agency, if you believe it has inaccurate
information due to fraud, such as identity theft. You also have
the ability to obtain additional free file disclosure under
other provisions of the FCRA.
You have the right to obtain documents relating to fraudulent
transactions made or accounts opened using your personal information.
A creditor or other business must give you copies of applications
and other business records relating to transactions and accounts
that resulted from the theft of your identity, if you ask for
them in writing. A business may ask you for proof of your identity,
a police report, and an affidavit before giving you the documents.
It also may specify an address for you to send your request. Under
certain circumstances, a business can refuse to provide you with
these documents. You have the right to obtain information from a debt collector.
If you ask, a debt collector must provide you with certain information
about the debts you believe were incurred in your name by an identity
thief – such as the name of the creditor and the amount
of the debt. If you believe information in your file results from identity
theft, you have the right to ask that a consumer reporting agency
block that information from your file. An identity thief may run
up bills in your name and not pay them. Information about the
unpaid bills may appear on your consumer report. Should you decide
to ask a consumer reporting agency to block the reporting of this
information, you must identify the information to block, and provide
the consumer reporting agency with proof of your identity and
the police report if you did file one. The consumer reporting
agency can refuse or cancel your request for a block if, for example,
you don’t provide the necessary documentation, or where
the block results from an error or material misrepresentation
of fact made by you. If the agency declines or rescinds the block,
it must notify you. Once a debt resulting from identity theft
has been blocked, a person or business with notice of the block
may not sell, transfer, or place the debt for collection. You also may prevent businesses from reporting information about
you to consumer reporting agencies if you believe the information
is a result of identity theft. To do so, you must send your request
to the address specified by the business that reports the information
to the consumer reporting agency. The business will expect you
to identify what information you do not want reported and to provide
a police report.
Please contact our office should you require
assistance with any of the above or have questions, call 1-877-735-8600 to speak to an attorney or submit your questions
via our contact us form.
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