The Rediff US Special/ Meera Nair
What to do if your identity gets stolen
(Source: CalPRIG and the Privacy Rights Clearinghouse)
Contact credit bureaux
Immediately call the fraud units of the three credit reporting companies Experian (formerly TRW), Equifax and Trans Union. Report the theft of your credit cards/checks or numbers and request a credit report (free to identity theft victims). Ask that your file be flagged with a fraud alert. Add a victim's statement to your report. ("My ID has been used to apply for credit fraudulently. Contact me at [your phone number] to verify all applications.") Ask how long the fraud alert is posted on your file, and how you can extend it if necessary.
Be aware that these measures may not entirely stop new fraudulent accounts from being opened by the impostor. Request a free copy of your credit report every few months so you can monitor any new fraudulent activity.
Ask the credit bureaux for names and phone numbers of credit grantors, with whom fraudulent accounts have been opened. Ask the credit bureaux to remove inquiries that have been generated due to the fraudulent access. You may also ask the credit bureaux 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).
When you provide your police report to the credit bureaux, they must remove the fraudulent accounts from your credit report (Calif Civil Code 1785.16[k])> Also see #3 below.
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'. (This is better than 'card lost or stolen', because when this statement is reported to credit bureaux, it can be interpreted as blaming you for the loss.) Carefully monitor your mail and credit card bills for evidence of new fraudulent activity. Report it immediately to credit grantors.
Law enforcement
Report the crime to your local police or 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 (such as Calif Penal Code 530.5) to assume someone's identity for fraudulent purposes. But some police departments have been known to refuse to write reports on such crimes. Be persistent!
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 (not mother's maiden name). If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses.
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, don't use common numbers like the last four digits of your SSN or your birth date. Monitor your account statement. You may be liable if fraud is not reported quickly.
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 U S 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. (Web: www.usps.gov/websites/depart/inspect)
Secret Service jurisdiction
The Secret Service has jurisdiction over financial fraud, but 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 particular Secret Service agent they work with. (Web: www.treas.gov/usss)
Social Security Number misuse
Call the Social Security Administration to report fraudulent use of your SSN. As a last resort, you might want to try to change your number. The SSA will only change it, however, if you fit 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. (Web: www.ssa.gov)
Passports
Whether you have a passport or not, write to the passport office to alert them to anyone ordering a passport fraudulently. (Web: travel.state.gov/passport_services.html)
Phone service
If your long distance calling card has been stolen or you discover fraudulent charges on your bill, cancel the account and open a new one. Provide a password which must be used any time the account is changed.
Driver's license number misuse
You may need to change your driver's license number if someone is using yours as identification on bad checks. Call the state office of the Department of Motor Vehicles (DMV) 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. Also, fill out the DMV's complaint form to begin the fraud investigation process. Send supporting documents with the completed form to the nearest DMV investigation office. Web: www.dmv.ca.gov
Victim statements
If the impostor is apprehended by law enforcement and stands trial, write a victim impact letter to the judge handling the case. Contact the victim-witness assistance program in your area for further information on how to make your voice heard in the legal proceedings.
False civil and criminal judgements
Sometimes victims of identity theft are wrongfully accused of crimes committed by the impostor. If a civil judgement has been entered in your name for actions taken or debts incurred by your impostor, contact the court where the judgement was entered and report that you are a victim of identity theft. If you are wrongfully prosecuted for criminal charges, contact the State Department of Justice and the FBI. Ask how to clear your name.
Legal help
You may want to consult an attorney to determine legal action to take against creditors and/or credit bureaux if they are not cooperative in removing fraudulent entries from your 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 and the Fair Credit Billing Act.
Resources
- Credit reporting bureaux
- Equifax: P O Box 105069, Atlanta, GA 30348.
Report fraud: Call (800) 525-6285 and write to address above.
Order credit report: (800) 685-1111.
Web: www.equifax.com
- Experian (formerly TRW): P O Box 9532, Allen, TX 75013.
Report fraud: Call (888) EXPERIAN (888-397-3742) and write to address above. Fax: (800) 301-7196.
Order credit report: (888) EXPERIAN.
Web: www.experian.com
- Trans Union: P O Box 6790, Fullerton, CA 92834.
Report fraud: (800) 680-7289 and write to address above.
Order credit report: (800) 888-4213.
Web: www.transunion.com
To opt out of pre-approved offers of credit for all three bureaux, call (888) 5OPTOUT. This establishes a two-year opt-out. For permanent opt-out status, put your request in writing.
Remember, you are entitled to a free credit report if you are a victim of identity theft, if you have been denied credit, if you receive welfare benefits, or if you are unemployed.
- Social Security Administration
Report fraud: (800) 269-0271. Order Personal Earnings and Benefits Statement: (800) 772-1213. Web: www.ssa.gov
- To report fraudulent use of your checks
- CheckRite: (800) 766-2748
- Chexsystems: (800) 428-9623
- CrossCheck: (800) 843-0760
- Equifax: (800) 437-5120
- International Check Services: (800) 631-9656
- SCAN: (800) 262-7771
- TeleCheck: (800) 710-9898
- Other useful resources
Part I: An Identity Crisis
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