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Identity Theft FAQ
What are the chances my identity will be stolen and what can the thief do with my personal information?
Identity theft is a growing national epidemic. The Federal Trade Commission's 2003 report on identity theft called it the fastest growing crime in the nation, with nearly 500,000 victims, costs to businesses of $48 billion, and costs to consumers of nearly $5 billion.
An identity thief can cash a check, obtain a loan, open credit accounts and charge them to the max, rent an apartment, buy a car, purchase a cell phone and talk to someone long distance all day, and, worse, commit a serious crime -- all in your name.
What should I do if I discover that my identity has been stolen?
As soon as you are aware of the problem, you need to do the following:
Make an identity theft affidavit. The Federal Trade Commission has an official identity theft affidavit that you can use to alert different companies, including the major credit bureaus, your credit card companies, your banks, and so on. You can download the affidavit at www.consumer.gov/idtheft. Make plenty of copies for yourself.
Contact the police. File a police report and keep several copies. You may need to send copies to credit bureaus, creditors, collectors, banks, and so on.
Cancel your credit cards, ATM cards, and phone cards. Notify your bank of the problem and close all existing bank accounts.
Call the credit bureaus. Ask the credit bureaus to issue a fraud alert and attach a statement to your report. Also, be sure to get copies of your credit report from each of the credit bureaus. You can ask that the reports be free-of charge because you believe they contain inaccurate information due to fraud.
Report stolen checks. Contact your bank and the following agencies:
- Certegy: 800-437-5120
- TeleCheck: 800-710-9898
- TeleCheck (merchant services): 800-366-1054.
Review your Social Security earnings statement. Look for evidence that your Social Security number has been used fraudulently. Get a copy of your Social Security Earnings and Benefit Statement and look for earnings for jobs you've never had.
If someone is using your driver's license number fraudulently, obtain a new number. You should be prepared to show proof of theft and damage.
Take control. Most important, you need to take control of the situation and not waste time waiting for someone else to step up and help you. Vigilance is essential. Do not pay bills that you are not responsible for. Be persistent with police, credit bureaus, credit card companies, and banks. Continue to call and write letters. Keep track of your efforts to stop the theft and reverse the damage.
Will I be held responsible if a thief uses my identity to commit a crime?
Yes and no. From a monetary standpoint, if a thief uses your credit card in a credit scam, you'll likely be responsible for only $50, or possibly nothing. However, you may spend months hassling with credit agencies, financial institutions, and police departments trying to clear your name and repair the lingering damage. Almost certainly you will have to take time off from work to write letters, make calls, collect evidence, and demand action.
There is also the cost of anxiety and mental suffering to consider. Victims of identity theft report that police agencies are sometimes dismissive, credit reporting agencies unresponsive, credit collection agencies hostile, and credit grantors disbelieving.
When victims are actually accused of committing crimes, they are sometimes repeatedly detained by police and have trouble trying to convince law enforcement officials that the person they're holding is not the person they want. See Fact Sheet 17(g): Criminal Identity Theft at www.privacyrights.org.
Are there any laws that specifically prohibit identity theft?
Yes. In 1998, Congress passed the Identity Theft and Assumption Deterrence Act. (18 U.S.C. § 1028.) The Act makes the use of another person's identification with the intent to commit any unlawful activity a federal felony. Federal agencies -- including the U.S. Secret Service, the FBI, and the U.S. Postal Inspection Service -- investigate suspected violations of the Act. The U.S. Department of Justice handles prosecutions. Federal law enforcement agencies usually do not investigate individual cases unless the dollar amount is high, or the victim is one of many people victimized by the same perpetrator or fraud ring.
Additionally, many states have passed or are considering laws related to identity theft. Even if your state does not have a law specifically called an identity theft law, the issue is likely covered under other state laws. To see a list of state identity theft laws, go to www.consumer.gov/idtheft.
FAQs
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- While I am trying to solve a billing problem, may a credit grantor threaten my credit rating?
Consumer Issues Resources
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