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WHAT TO DO IF IT HAPPENS TO YOU...
This guide provides victims of identity
theft with the major resources to contact. Unfortunately, at this
time, victims themselves are burdened with resolving the problem.
It is important to act quickly and assertively to minimize the
damage. In dealing with the authorities and
financial institutions, keep a log of all conversations, including
dates, names and phone numbers. Note time spent and expenses
incurred. Confirm conversations in writing. Send correspondence by
certified mail (return receipt requested.) Keep copies of all
letters and documents. |
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CREDIT BUREAUS:
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 and numbers. Ask that your
account be flagged. Also, add a victim's statement to your report,
up to 100 words. (“My ID has been used to apply for credit
fraudulently. Contact me at 311-123-4567 to verify all
applications.”) Be sure to ask how long the fraud alert is posted
on your account, 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 imposter. Ask the
credit bureaus, in writing, to provide you with free copies every
few months so you can monitor your credit report.
Ask the credit bureaus for names and phone numbers of credit
grantors with whom fraudulent accounts have been 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 to employers.) |
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CREDITORS:
Contact all creditors immediately with whom your name has been
used fraudulently-by phone and in writing. 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
bureaus, 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. |
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CREDITORS' REQUIREMENTS TO VERIFY
FRAUD:
You may be asked by banks and credit grantors to fill out and
notarize fraud affidavits, which could become costly. The law does
not require that a notarized affidavit be provided to creditors. A
written statement and supporting documentation should be enough
(unless the creditor offers to pay for the notary.) Overly
burdensome requirements by creditors should be reported to federal
government authorities. For help in determining which agency to
contact, call CALPIRG or the PRIVACY RIGHTS CLEARINGHOUSE. |
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LAW ENFORCEMENT:
Report the crime to all police and sheriff's departments with
jurisdiction in your case. Give them as much documented evidence
as possible. Get a copy of your police report, or at least the
officer's name, date and time of the report, and the all-important
case number. 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. Some police departments
have been known to refuse to write reports on such crimes, and
recent changes to the California Penal Code now require that a
report be taken, and a case number provided to you by any police
department the report is made to, even if it is unclear
precisely where the offense occurred. Be persistent and assert
your rights. |
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STOLEN CHECKS:
If you have had checks stolen or bank accounts set up
fraudulently, report it to the 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
your mother's maiden name.) |
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ATM CARDS:
If your ATM card has been stolen or compromised, 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 Social Security number or your birthday. |
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FRAUDULENT CHANGE OF ADDRESS:
Notify the local Postal Inspector if you suspect an identity thief
has filed a change of address with the post office or has used the
mail to commit credit or bank fraud (Call the local Postmaster to
obtain the phone number.) 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.
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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. |
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SOCIAL SECURITY NUMBER MISUSE:
Call the Social Security Administration to report fraudulent use
of your Social Security number. As a last resort, you might want
to change your number. The SSA will only change it if you fit
their fraud victim criteria. Also, order a copy of your Earnings
and Benefits Statement and check it for accuracy. |
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PASSPORTS:
If you have a passport, notify the passport office in writing, to
be on the lookout for anyone ordering a new passport fraudulently. |
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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 that must be used anytime the account is
charged.
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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. |
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FALSE CIVIL AND CRIMINAL
JUDGMENTS:
Sometimes, victims of identity theft are wrongfully accused of
crimes committed by the imposter. If a civil judgment has been
entered in your name for actions taken by your imposter, contact
the court where the judgment 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. |
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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 your credit report
or if negligence is a factor. Call the local Bar Association to
find an attorney who specializes in consumer law and the Fair
Credit Reporting Act. |
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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 CALPIRG or the Privacy Clearinghouse for
information on how to network with other victims. |
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DON'T GIVE IN:
Finally, do not pay any bill or portion of a bill that is a result
of identity theft. Do not cover any checks that were written
and/or cashed fraudulently. 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 don't allow yourself to be coerced into paying fraudulent
bills |
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More
Resources and Phone Numbers > |
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