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Identity Theft
What is identity theft?
Identity theft occurs when an individual’s
personal identifying information ¾ for example, name, address, and social
security number ¾ is taken and used to steal money or services. Personal
information can also be used to create a false identity that will make it harder
for law enforcement to find the perpetrator. Stalkers sometimes use victims’
stolen identities to harass their victims¾ by, for example, subscribing to
unwanted publications and services, taking out personal ads in their names, or
using Internet chat rooms, message boards, and e-mail to impersonate them.
With your name, social security
number, and date of birth, someone can:
 | Drain bank accounts
 | Get credit cards
 | Buy a gun
 | Get a driver’s license
 | Get loans |
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How often does it happen?
There are no firm estimates of the prevalence
of identity theft, but it has been suggested that 500,000 to 700,000 persons in
the United States become victims of these crimes each year. One of the three
principal credit-reporting agencies, Trans Union, receives more than 2,000 calls
a day from victims. Credit bureaus estimate that two-thirds of all their
consumer inquiries relate to identity theft ¾ more than 522,000 in 1997.
More than half of the identity theft
complaints received by the Federal Trades Commission (FTC) involve credit card
fraud. The balance of complaints relate to:
 | Unauthorized telephone or utility services
(25%),
 | Bank fraud (16%),
 | Fraudulent loans (9%), and
 | Government documents such as driver’s
licenses, tax returns, or benefits (8%).
 | About 12% of all complainants to the FTC
had a personal relationship with the suspect. |
| | | |
What information can be used by
thieves?
 | name
 | address
 | phone number
 | social security number
 | driver's license number
 | checking account number
 | savings account number
 | credit card number
 | debit card number
 | telephone calling card number
 | employee identification number
 | electronic identification numbers
(passwords, PINs)
 | digital signature
 | mother’s maiden name
 | any other numbers or information used to
access financial resources
 | passport and citizenship papers |
| | | | | | | | | | | | | | |
How is personal information taken?
 | Stealing a wallet, purse, drivers’
license, credit cards
 | Having access to social security numbers
(which may be on your driver’s license, health insurance card, or school
ID)
 | Going through trash or robbing mailboxes
 | Taking personal and credit information from
insecure Internet buying sites
 | Misuse of company property (such as taking
someone’s name, address, and credit card information from a mail-order
company)
 | Making fraudulent offers (including the
recent "Slave Reparations Act," scam in which perpetrators told
elderly African Americans that $5,000 would be added to their Social
Security check if they sent their name, date of birth, and Social Security
number to the address listed). |
| | | | |
How does identity theft affect
victims?
Most victims are unaware that their personal
data has been stolen until a credit card or loan application is refused or debt
collectors demand payment for purchases the victim never made.
Victims may suddenly discover that they have a
criminal record if someone has stolen their identity and committed crimes. They
may find out during a routine traffic stop, upon reentering the United States
after a trip abroad, after a prospective employer carries out a background
check, or when the police arrive with an arrest warrant. Correcting criminal
histories takes incredible amounts of time, can require the assistance of an
attorney, and is very disruptive.
It can destroy credit status, resulting in
loan and credit card refusals. Fraudulent accounts may show up on credit reports
for up to seven years. New fraudulent accounts may continue to emerge for even
longer. If the perpetrator files for bankruptcy in a victim’s name (to avoid
payment of accumulated debts or eviction), that may appear on credit reports for
10 years.
It can take years of hard work and persistence
to correct wrong information about financial status. Creditors and the three
major credit bureaus must be convinced that the theft occurred, credit histories
must be corrected, and protective measures taken.
If the perpetrator has a criminal record in
the victim’s name, similar efforts must be made to get this removed from
official databases. Even if the perpetrator is apprehended and convicted, there
is no guarantee personal information will be safe from future exploitation and
it may be necessary to monitor the situation for years, and hire a lawyer to
protect future credit history.
Victims can suffer enduring psychological
scars. Some victims of identity theft become hyper-vigilant and find it hard to
trust anyone. Others feel angry, vulnerable, helpless, or violated. These
feelings can be heightened by the struggle to correct records, clear names, and
bring perpetrators to justice, as well as by repeated encounters with debt
collectors and fears of lawsuits and garnished wages.
What are the legal remedies for
identity theft?
Criminal laws
As of June 1, 2000, 37 states had specific
identity-theft laws. States that have no specific identity-theft legislation may
have other laws prohibiting the criminal behavior of identity thieves. Under the
1998 Identity Theft and Assumption Deterrence Act, identity theft became a
federal offense. This Act recognizes the victim (rather than creditors) as the
true victim, and provides for payment of restitution.
Identity theft is time-consuming and difficult
to investigate. When victims seek to make a report, it may be unclear which
jurisdiction is responsible for the investigation. Law enforcement officers and
prosecutors may be unfamiliar with relevant laws. Arrests and prosecutions for
identity theft are rare. For example, in San Diego, only 50 out of 783 reported
cases resulted in an arrest in 1999. In Los Angeles, out of 3,000 reported
cases, only 1% of cases were solved through the criminal justice system. Even
when prosecutions proceed, victims may have no rights to be notified of court
hearings, submit victim impact statements, or apply for compensation.
Violations of the 1998 Identity Theft Act are
investigated by various federal law enforcement agencies, including the U.S.
Secret Service, the Social Security Administration’s Office of the Inspector
General, FBI field offices, or the U.S. Postal Inspection Service. To get
details of the laws that apply where you live, you should contact your State
Attorney General’s office or local consumer protection agency, or visit the
federal government website at www.consumer.gov/idtheft.
Civil Justice Remedies
Whether or not a criminal prosecution takes
place, civil lawsuits against the perpetrator and/or third parties may provide a
way for victims to secure a measure of justice. Civil lawsuits seek to assess
civil liability for injuries and losses arising from the crime. Defendants found
liable are usually required to pay financial compensation (damages) to victims.
To explore whether or not civil action is an option in your case, contact the
National Crime Victim Bar Association (703-276-0960 or www.victimbar.org)
or a qualified attorney for assistance.
ACTION
FOR VICTIMS
Contact information for all identified
organizations is available at the end of the bulletin.
If you are a victim of identity theft,
take the following steps immediately:
 | Contact the fraud units of the three
principal credit bureaus—Equifax, Experian, and Trans Union—by phone and
in writing. |
 | Ask for a "fraud alert" to be
placed in your file. |
 | Request that a victim’s statement be put
on file asking creditors to call you before opening new accounts or changing
existing accounts. |
 | Request copies of your credit reports in
writing. You are entitled to a free copy if the report is inaccurate as a
result of fraud. Monitor activity monthly. |
 | Check your credit reports carefully. Have
companies that opened the fraudulent accounts remove them. |
 | Contact the billing departments of your
creditors—credit card companies, banks, phone services, and other
utilities—about any suspect accounts, by phone and in writing. |
 | Confirm which recent activity on your
accounts is your own. Put stop-payment orders on any outstanding checks that
haven’t cleared. Immediately dispute any fraudulent accounts and follow up
in writing. |
 | Change your account passwords and access
codes. Close ATM or credit card accounts that have been used fraudulently,
and open new ones. Get new cards issued with new Personal Identification
Numbers (PINs) and new passwords. |
 | Avoid using your mother’s maiden name,
your telephone number, birth date, or other obvious codes. |
 | Follow the correct procedures for reporting
the theft of credit cards, ATM, and debit cards in order to limit your
liability. You can find further details with helpful sample letters, in
"When Bad Things Happen to your Good Name" published by the
Federal Trade Commission at www.ftc.gov. |
 | Ask who has jurisdiction over identity
theft and fraud investigations and prosecutions in your area. File a report
with that organization. Request a copy of all reports made. Creditors may
require these copies to make corrections to your credit history. Make a
report to the Federal Trade Commission (FTC). |
Take the following additional steps,
as necessary:
 | If the perpetrator used the mail to commit
fraud and/or submitted fraudulent change of address requests to redirect
your mail, contact the local office of the Postal Inspection Service. |
 | If someone is using your Social Security
Number to work or apply for a job, contact the Social Security
Administration’s fraud hotline (800-269-0271). Call 1-800 772-1213 (and
follow up in writing) to verify the accuracy of the earnings reported on
your Social Security Number and request a copy of your Social Security
Statement. |
 | If your name or Social Security Number is
being used to fraudulently obtain a driver’s license, contact your
Department of Motor Vehicles. |
 | If someone has filed for bankruptcy in your
name, write to your regional U.S. Trustee (see www.usdoj.gov/ust
or Blue Pages under U.S. Government—Bankruptcy Administration) |
 | If your identification information has been
improperly used in connection with tax violations, contact the Internal
Revenue Service (1-800-829-0433). |
 | Find out if free legal assistance is
available—especially if your credit is severely damaged, legal action is
taken against you, or you have been left with a criminal record as a result
of the fraudulent use of your identity. Contact your local bar association
or legal aid office. |
 | Maintain a file documenting all your
efforts in response to the theft. Log every phone call, noting the name of
the person to whom you spoke. Follow up every call in writing. Keep a copy
of all letters you send in connection with the crime. |
 | Know your state’s identity-theft laws and
your rights as a victim. |
 | Seek support from family or friends, or
speak to a counselor or victim advocate. Responding to identity theft is
emotionally exhausting as well as time-consuming. |
General Safety Precautions against
Identity Theft:
 | Guard your personal information closely.
Ask why it is needed, how it will be used, and whether it will be shared or
sold. Be wary of any caller who claims it is necessary to verify your
personal identifying information. Do not include personal data on contest
entry forms. |
 | Remember that thieves may intercept
personal information shared over insecure Internet connections. |
 | Store your social security card and
passport in a safe place rather than keeping them with you all the time.
Only carry essential credit cards, bank cards, and checks. |
 | Share all personal documents, mail,
receipts, pay stubs, and credit card offers before disposing of them. |
 | Limit the number of credit cards you use
and close unnecessary accounts. Be attuned to the billing cycles of your
different accounts and notify the creditor quickly if you fail to receive a
bill or replacement card on time. Carefully check credit card and telephone
bills as well as bank statements for unauthorized charges or activity. |
 | Secure your mailbox. If you plan to be
away, have a trusted friend, relative, or neighbor retrieve your mail, or
ask the post office to hold it until your return. Send mail via a secure
U.S. Post Office collection box rather than leaving it for pickup in an
insecure location. |
 | Guard your personal information at work.
Find out how your employer stores and protects your information. Don’t
keep personal identifying information, credit information, bills, or
receipts in your office. Don’t dispose of these documents in your office
trash or send personal mail through the office mail system. |
 | At least once a year, request a copy of
your credit report from each of the three credit reporting bureaus and check
to see that the personal information reflected in the reports is accurate.
Contact creditors about any suspicious entries. |
 | Call toll-free, (888) OPT-OUT, to halt
credit card solicitations. |
 | Contact the Direct Marketing Association
and have your name removed from telemarketing, e-mail, and mailing lists
used and sold by companies. |
 | Check all your financial statements
regularly for what should and shouldn’t be there. |
 | Always keep careful records of banking and
other accounts. |
RESOURCES:
National Center for Victims of Crime
1-800-FYI-CALL
www.NCVC.org
gethelp@NCVC.org
Credit reporting bureaus:
Equifax
P.O. Box 740241
Atlanta, GA 30374-0241
1-800-525-6285 (report fraud*)
1-800-685-1111 (order credit report)
www.equifax.com
Experian
P.O. Box 9532
Allen, TX 75013
1-888-397-3742 (report fraud*, order credit report)
www.experian.com
Trans Union
P.O. Box 6790
Fullerton, CA 92834
1-800-680-7289 (report fraud*)
1-800-916-8800 (order credit report)
www.tuc.com
*Always follow up telephone reports in
writing.
Privacy Rights Clearinghouse
1717 Kettner Ave., Suite 105
San Diego, CA 92101
1-619-298-3396
www.privacyrights.org
Social Security Administration (for
stolen/misused Social Security Numbers)
Fraud Hotline
1-800-269-0271
National Fraud Information Center (for all/general fraud)
1-800-876-7060
www.fraud.gov
Federal Communications Commission (for long
distance/cellular phone fraud)
1-888-CALL-FCC
www.fcc.gov
Federal Trade Commission (for all/general fraud)
Identity Theft Clearinghouse
600 Pennsylvania Ave., NW
Washington, DC 20580
1-877-IDTHEFT
www.consumer.gov/idtheft
Securities and Exchange Commission (for
investment fraud)
1-800-SEC-0330
www.sec.gov
Telecheck (for stolen/misused checks)
1-800-710-9898
U.S. Postal Inspection Service (for stolen
mail)
For a referral to the U.S. Postal Inspector nearest you, please call the
National Center for Victims of Crime at 1-800-FYI-CALL.
www.usps.gov/websites/depart/inspect
U.S. Secret Service Field Offices
For a referral to the U.S. Secret Service Field Office nearest you, please call
the National Center for Victims of Crime at 1-800-FYI-CALL.
www.treas.gov/usss/mission.htm
National Crime Victim Bar Association
2111 Wilson Blvd.
Suite 300
Arlington, VA 22301
703-276-0960
www.victimbar.org
The National Center’s FYI
publications provide basic information on a wide range of crime victim topics to
increase awareness of the consequences of victimization and the options and
resources available to help victims. This information is designed to complement
and enhance the services of victim service professionals. If you need referrals
to local victim service providers, call 1-800-FYI-CALL.
FYI:
A Program of the National Center for Victims of Crime.
All
rights reserved.
Copyright
© 2001 by the National Center for Victims of Crime. This
information may be freely distributed, provided that it is distributed free of
charge, in its entirety and includes this copyright notice. |