Identity Theft - What To Do If It Happens To You

This guide provides victims of identity theft with the major resources to contact.  By thoroughly reading the information enclosed, you will be knowledgeable in the resources available which allow you to take steps towards protecting yourself.

In dealing with the authorities and financial institutions, keep a log of all conversations, including dates, names, and phone numbers.  Note time spent and any expenses incurred, incase you are able to request restitution in a later judgment or conviction against the thief.  Confirm conversations in writing.  Send correspondence by certified mail, return receipt requested.  Keep copies of all letters and documents.

1.  Credit Bureaus:  Immediately call the fraud units of the three credit reporting companies:  Experian, Equifax, and TransUnion.  Report the theft of your credit cards or numbers and request a free credit report (www.annualcreditreport.com).  Request a fraud alert be placed on your file.  Add a victim’s statement to your report summarizing the suspicious activity you have experienced and a contact number to verify all applications. Ask the credit bureau how long the fraud alert is posted on your file.

Be aware that these measures may not entirely stop new fraudulent accounts from being opened by the imposter.  Request a free copy of your credit report every year so you can monitor any new fraudulent activity.

Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have opened. Ask the credit bureaus to remove inquires that have been generated due to the fraudulent access.  You may also 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 (two years for employers).

2.  Creditors:  Contact all creditors immediately with whom your name has been used fraudulently, by phone and in writing.  You may be asked to fill out fraud affidavits.  (No law requires these to be notarized at your own expense.)  Get replacement cards with new account numbers for your own accounts that have been used fraudulently.  Ask that old accounts be processed as “account closed at consumer’s request” (Better that “card lost or stolen” because it can be interpreted as blaming you). Monitor your mail and bills for evidence of new fraudulent activity.  Report it immediately to creditor grantors.

3.  Law Enforcement:     Report the crime to your local police of sheriff’s department.  You might also need to report it to police departments where the crime occurred.  Give them as much documented evidence as possible.  Make sure the police report lists the fraud accounts.  Get a copy of the report.  Keep the phone number of your investigator handy and give it to creditors and others who require verification of your case.  Credit card companies and banks may require you to show the report in order to verify the crime.  It is a violation of federal law (18 USC 1028) and the laws of many states to assume someone’s identity for fraudulent purposes.

4.  Stolen Checks:  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 (Create a new and unique password that you have never used).  If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses.

5.  ATM Cards:  If your ATM or debit card has been stolen or compromised, report it immediately.  Get a new card, account number and password.  Do not use your old password.  When creating a password, do not use common numbers like the last four digits of your social security number or your birthday.  Monitor your account statement.  You may be liable if the fraud is not reported quickly. 

6.  Fraudulent Change of Address:     Notify the local Postal Inspector if you suspect an identity thief has filed a change of your address with the post office or has used the mail to commit fraud (Call the US Post Office to obtain the phone number (800) 275-8777).  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 (www.usps.gov/websites/depart/inspect)

7.  Social Security Number (SSN):  Call Social Security Administration (SSA) to report fraudulent use of your social security number (SSN).  As a last resort, you might want to try to change your number, although we do not recommend it except for the most serious cases.  The SSA will only change the number if you fir their fraud victim criteria.  Also order a copy of your Personal Earnings and Benefits Statement and check it for accuracy.  The thief might be using your SSN for employment purposes.

8.  Secret Service Jurisdiction:  The Secret Service has jurisdiction over financial fraud, but, based on US Attorney Guidelines, it usually does not investigate individual cases unless the dollar amount is high or you are one of many victims of a fraud ring.  To interest the Secret Service in your case, you may want to ask the fraud department of the credit card companies and/or banks, as well as the police investigator, to notify the Secret Service agent they work with.  (www.treas.gov/usss)

9.  Passports:  Whether you have a passport or not, write the passport office to alert them to anyone ordering a passport fraudulently.  (www.travel.state.gov/passport_services.html)

10.  Phone Services:  If your long distance calling card has been stolen or there are fraudulent charges on the bill, cancel the account and open a new one.  Provide a password which must be used any time the account is changed.

11.  Diver’s License number Misuse:   You may need to change your driver’s License number if someone is using your ID on bad checks or for other types of fraud.  Call the state office department of Motor Vehicle 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.  Fill out the DMV’s complaint form to begin the investigation process.  Send supporting documents with the completed form to the nearest DMV investigation office.

12.  Victim Statements:   If the imposter is apprehended by law enforcement and stands trial, write a victim impact letter to the judge handling the case.  Contact the victim-witness assistance programming your area for further information on how to make your voice heard in the legal proceedings. 

13.  False Civil and Criminal Judgments:   Sometimes victims of identity theft are wrongfully accused of crimes committed by the imposter.  If a civil judgment is entered in your name for your imposter’s actions, contact the court where the judgment was entered and report that you are a victim of identity theft.  If you are wrongfully arrested or prosecuted for criminal charges, contact the police department and the court in the jurisdiction of the arrest.  Also contact the state Department of Justice and the FBI.  Ask how to clear your name.

14.  Legal Help:  You may want to consult an attorney to determine legal action to take against creditors and/or credit bureaus if they are not cooperative in removing fraudulent entries from you 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 , or the Fair Credit Billing Act.

15.  Dealing with Emotional Stress:   Psychological counseling may help you deal with the stress and anxiety commonly experienced by victims. Know that you are not alone.  Contact the Identity Theft Resource Center for information on how to network with other victims. (www.idtheftcenter.org)

16.  Make Changes:  Write your state and federal legislators.  Demand stronger privacy protection and prevention efforts by creditors and credit bureaus.

17.  Do Not Give In or Give Up:  Do not pay any bill or portion of a bill which is a result of identity theft.  Do not cover any checks which were written and/or chased fraudulently.  Do not file for bankruptcy. Your credit rating should not be permanently affected, and no legal action should be taken against you.  If any merchant, financial institution or collection agency suggests otherwise, simply restate your willingness to cooperate, but do not allow yourself to be coerced into paying fraudulent bills. Report such attempts to government regulators immediately.

Resources

Credit Reporting Bureaus

Equifax:  PO Box 105069, Atlanta, GA 30348

     Fraud Report:  Call (800) 525-6285 and write to address above

     Order Credit Report:  Call (800) 685-1111 www.equifax.com

Experian:  PO Box 9532, Allen, TX 75013

     Fraud Report:  Call (888) EXPERIAN (397-3742) and write to address above

     Order Credit Report: Call (888) EXPERIAN (397-3742)  www.experian.com

TransUnion: PO Box 6790, Fullerton, CA 92834

     Fraud Report:  Call (800) 680-7289 and write to address above

     Order Credit Report:  (800) 888-4213 www.transunion.com

Opt Out of Pre-Approved Offers of Credit

For All Three Credit Bureaus call (888) 5OPTOUT. 

Social Security Adminitration

      Fraud Report:  Call (800) 269-0271