ID Theft: When
Bad Things Happen To Your Good Name
|
February 2001
| Please Note: This publication is
approximately 26 pages and includes several charts and sample
letters. If you wish to print this publication, we recommend you
print the PDF
version. |
Listen to these consumers . . .
Someone used my Social Security number to get credit in my name. This
has caused a lot of problems. I have been turned down for jobs, credit,
and refinancing offers. This is stressful and embarrassing. I want to
open my own business, but it may be impossible with this unresolved
problem hanging over my head.
From a consumer complaint to
the FTC, May 18, 1999
Someone is using my name and Social Security number to open credit
card accounts. All the accounts are in collections. I had no idea this
was happening until I applied for a mortgage. Because these "bad"
accounts showed up on my credit report, I didn't get the mortgage.
From a consumer complaint to
the FTC, July 13, 1999
Help! Someone is using my Social Security number to get a job.
From a consumer complaint to
the FTC, September 20, 1999
My elderly parents are victims of credit fraud. We don't know what to
do. Someone applied for credit cards in their name and charged nearly
$20,000. Two of the card companies have cleared my parents's name, but
the third has turned the account over to a collection agency. The agency
doesn't believe Mom and Dad didn't authorize the account. What can we do
to stop the debt collector?
From a consumer complaint to
the FTC, October 7, 1999
TABLE OF CONTENTS
Introduction
How Identity Theft Occurs
Minimize Your Risk
- Choosing to Share Personal Information
- or Not
- Credit Bureaus
- Departments of Motor Vehicles
- Direct Marketers
- If You're a Victim
- Your First Three Steps
- Your Next Steps
- Where There's Help
- Federal Clearinghouse for Consumer Complaints
- Federal Laws
- State Laws
- Resolving Credit Problems
- Credit Reports
- Credit Cards
- Debt Collectors
- ATM Cards, Debit Cards and Electronic Fund Transfers
- Resources
- Federal Government
- State and Local Governments
- Credit Bureaus
INTRODUCTION
In the course of a busy day, you
may write a check at the grocery store, charge tickets to a ball game,
rent a car, mail your tax returns, call home on your cell phone, order new
checks or apply for a credit card. Chances are you don't give these
everyday transactions a second thought. But someone else may.
The 1990's spawned a new variety of crooks called identity thieves.
Their stock in trade are your everyday transactions. Each transaction
requires you to share personal information: your bank and credit card
account numbers; your income; your Social Security number (SSN); and your
name, address and phone numbers. An identity thief co-opts some piece of
your personal information and appropriates it without your knowledge to
commit fraud or theft. An all-too-common example is when an identity thief
uses your personal information to open a credit card account in your
name.
Can you completely prevent identity theft from occurring? Probably not,
especially if someone is determined to commit the crime. But you can
minimize your risk by managing your personal information wisely,
cautiously and with heightened sensitivity.
The Congress of the United States asked the Federal Trade Commission to
provide information to consumers about identity theft and to take
complaints from those whose identities have been stolen. If you've been a
victim of identity theft, you can call the FTC's Identity Theft Hotline
toll-free at 1-877-IDTHEFT (438-4338). The FTC puts your information into
a secure consumer fraud database and may, in appropriate instances, share
it with other law enforcement agencies and private entities, including any
companies about which you may complain.
The FTC, working in conjunction with other government agencies, has
produced this booklet to help you guard against and recover from identity
theft.
HOW IDENTITY
THEFT OCCURS
Despite your best efforts to
manage the flow of your personal information or to keep it to yourself,
skilled identity thieves may use a variety of methods - low- and hi-tech -
to gain access to your data. Here are some of the ways imposters can get
your personal information and take over your identity.
| How
identity thieves get your personal information:
They steal wallets and purses containing
your identification and credit and bank cards.
They steal your mail, including your bank
and credit card statements, pre-approved credit offers, telephone
calling cards and tax information.
They complete a "change of address form"
to divert your mail to another location.
They rummage through your trash, or the
trash of businesses, for personal data in a practice known as
"dumpster diving."
They fraudulently obtain your credit
report by posing as a landlord, employer or someone else who may
have a legitimate need for — and a legal right to — the information.
They get your business or personnel
records at work.
They find personal information in your
home.
They use personal information you share
on the Internet.
They buy your personal information from
"inside" sources. For example, an identity thief may pay a store
employee for information about you that appears on an application
for goods, services or credit. |
How
identity thieves use your personal information:
They call your credit card issuer and,
pretending to be you, ask to change the mailing address on your
credit card account. The imposter then runs up charges on your
account. Because your bills are being sent to the new address, it
may take some time before you realize there's a problem.
They open a new credit card account,
using your name, date of birth and SSN. When they use the credit
card and don't pay the bills, the delinquent account is reported on
your credit report.
They establish phone or wireless service
in your name.
They open a bank account in your name and
write bad checks on that account.
They file for bankruptcy under your name
to avoid paying debts they've incurred under your name, or to avoid
eviction.
They counterfeit checks or debit cards,
and drain your bank account.
They buy cars by taking out auto loans in
your name. |
MINIMIZE YOUR
RISK
While you probably can't prevent
identity theft entirely, you can minimize your risk. By managing your
personal information wisely, cautiously and with an awareness of the
issue, you can help guard against identity theft:
-
Before you reveal any personally identifying information,
find out how it will be used and whether it will be shared with others.
Ask if you have a choice about the use of your information: can you
choose to have it kept confidential?
-
Pay attention to your billing cycles. Follow up with
creditors if your bills don't arrive on time. A missing credit card bill
could mean an identity thief has taken over your credit card account and
changed your billing address to cover his tracks.
-
Guard your mail from theft. Deposit outgoing mail in post
office collection boxes or at your local post office. Promptly remove
mail from your mailbox after it has been delivered. If you're planning
to be away from home and can't pick up your mail, call the U.S. Postal
Service at 1-800-275-8777 to request a vacation hold. The Postal
Service will hold your mail at your local post office until you can pick
it up.
-
Put passwords on your credit card, bank and phone
accounts. Avoid using easily available information like your mother's
maiden name, your birth date, the last four digits of your SSN or your
phone number, or a series of consecutive numbers.
-
Minimize the identification information and the number of
cards you carry to what you'll actually need.
-
Do not give out personal information on the phone, through
the mail or over the Internet unless you have initiated the contact or
know who you're dealing with. Identity thieves may pose as
representatives of banks, Internet service providers and even government
agencies to get you to reveal your SSN, mother's maiden name, financial
account numbers and other identifying information. Legitimate
organizations with whom you do business have the information they need
and will not ask you for it.
-
Keep items with personal information in a safe place. To
thwart an identity thief who may pick through your trash or recycling
bins to capture your personal information, tear or shred your charge
receipts, copies of credit applications, insurance forms, physician
statements, bank checks and statements that you are discarding, expired
charge cards and credit offers you get in the mail.
-
Be cautious about where you leave personal information in
your home, especially if you have roommates, employ outside help or are
having service work done in your home.
-
Find out who has access to your personal information at
work and verify that the records are kept in a secure location.
-
Give your SSN only when absolutely necessary. Ask to use
other types of identifiers when possible.
-
Don't carry your SSN card; leave it in a secure place.
-
Order a copy of your credit report from each of the three
major credit reporting agencies every year. Make sure it is accurate and
includes only those activities you've authorized. The law allows credit
bureaus to charge you up to $8.50 for a copy of your credit
report.
Your credit report contains information on where you work and live,
the credit accounts that have been opened in your name, how you pay
your bills and whether you've been sued, arrested or filed for bankruptcy.
Checking your report on a regular basis can help you catch mistakes
and fraud before they wreak havoc on your personal finances. See "Credit Reports" for details about removing
fraudulent and inaccurate information from your credit report.
|
A SPECIAL WORD ABOUT
SOCIAL SECURITY NUMBERS
Your employer and financial institution
will likely need your SSN for wage and tax reporting purposes. Other
private businesses may ask you for your SSN to do a credit check,
such as when you apply for a car loan. Sometimes, however, they
simply want your SSN for general record keeping. You don't have to
give a business your SSN just because they ask for it. If someone
asks for your SSN, ask the following questions:
- Why do you need my SSN?
- How will my SSN be used?
- What law requires me to give you my
SSN?
- What will happen if I don't give you
my SSN?
Sometimes a business may not provide you
with the service or benefit you're seeking if you don't provide your
SSN. Getting answers to these questions will help you decide whether
you want to share your SSN with the business. Remember, though, that
the decision is yours.
|
CREDIT BUREAUS
Equifax — http://www.equifax.com/ To order
your report, call: 800-685-1111 or write: P.O. Box 740241, Atlanta, GA
30374-0241 To report fraud, call: 800-525-6285 and write: P.O. Box
740241, Atlanta, GA 30374-0241
Experian — http://www.experian.com/ To order
your report, call: 888-EXPERIAN (397-3742) or write: P.O. Box 949,
Allen TX 75013-0949 To report fraud, call: 888-EXPERIAN (397-3742) and
write: P.O. Box 949, Allen TX 75013- 0949
Trans Union — http://www.tuc.com/ To order your
report, call: 800-916-8800 or write: P.O. Box 1000, Chester, PA 19022
To report fraud, call: 800-680-7289 and write: Fraud Victim
Assistance Division, P.O. Box 6790, Fullerton, CA 92634
CHOOSING TO SHARE
YOUR PERSONAL INFORMATION — OR
NOT
What happens to the personal
information you provide to companies, marketers and government agencies?
They may use your information just to process your order. They may use it
to create a profile about you and then let you know about products,
services or promotions. Or they may share your information with others.
More organizations are offering consumers choices about how their personal
information is used. For example, many let you "opt out" of having your
information shared with others or used for promotional purposes.
You can learn more about the choices you have to protect your personal
information from credit bureaus, state Departments of Motor Vehicles and
direct marketers.
Credit Bureaus
Pre-Screened Credit
Offers If you receive pre-screened credit card
offers in the mail (namely, those based upon your credit data), but don't
tear them up after you decide you don't want to accept the offer, identity
thieves may retrieve the offers for their own use without your knowledge.
To opt out of receiving pre-screened credit card offers, call:
1-888-5-OPTOUT (1-888-567- 8688). The three major credit bureaus use the
same toll-free number to let consumers choose not to receive pre-screened
credit offers.
Marketing Lists
Of the three major credit bureaus, only
Experian offers consumers the opportunity to have their names removed from
lists that are used for marketing and promotional purposes. To have your
name removed from Experian's marketing lists, call 1-800-407-1088.
Departments of Motor Vehicles
Take a look at your driver's license. All the personal information on
it - and more - is on file with your state Department of Motor Vehicles
(DMV). A state DMV may distribute your personal information for law
enforcement, driver safety or insurance underwriting purposes, but you may
have the right to choose not to have the DMV distribute your personal
information for other purposes, including for direct marketing.
Not every DMV distributes personal information for direct marketing or
other purposes. You may be able to opt out if your state DMV distributes
personal information for these purposes. Contact your state DMV for more
information.
Direct Marketers
The Direct Marketing Association's (DMA) Mail, E-mail and Telephone
Preference Services allow consumers to opt out of direct mail marketing,
e-mail marketing and/or telemarketing solicitations from many national
companies. Because your name will not be on their lists, it also means
that these companies can't rent or sell your name to other companies.
To remove your name from many national direct mail lists, write:
DMA Mail Preference Service P.O. Box 9008 Farmingdale, NY
11735-9008
To remove your e-mail address from many national direct e-mail lists,
visit http://www.e-mps.org/.
To avoid unwanted phone calls from many national marketers, send your
name, address, and telephone number to:
DMA Telephone Preference Service P.O. Box 9014 Farmingdale, NY
11735-9014
For more information, visit http://www.the-dma.org/.
IF YOU'RE A
VICTIM
Sometimes an identity thief can
strike even if you've been very careful about keeping your personal
information to yourself. If you suspect that your personal information has
been hijacked and misappropriated to commit fraud or theft, take action
immediately, and keep a record of your conversations and
correspondence. You may want to use the attached
form [PDF
only]. Exactly which steps you should take
to protect yourself depends on your circumstances and how your identity
has been misused. However, three basic actions are appropriatein almost
every case.
Your First Three Steps
First, contact the fraud departments of each of the three major
credit bureaus.
Tell them that you're an identity theft victim. Request that a "fraud
alert" be placed in your file, as well as a victim's statement asking that
creditors call you before opening any new accounts or changing your
existing accounts. This can help prevent an identity thief from opening
additional accounts in your name.
At the same time, order copies of your credit reports from the credit
bureaus. Credit bureaus must give you a free copy of your report if
your report is inaccurate because of fraud, and you request it in
writing. Review your reports carefully to make sure no additional
fraudulent accounts have been opened in your name or unauthorized
changes made to your existing accounts. Also, check the section of
your report that lists "inquiries." Where "inquiries" appear from
the company(ies) that opened the fraudulent account(s), request that
these "inquiries" be removed from your report. (See "Credit Reports" for more information.) In
a few months, order new copies of your reports to verify your corrections
and changes, and to make sure no new fraudulent activity has occurred.
Second, contact the creditors for any accounts that have been
tampered with or opened fraudulently.
Creditors can include credit card companies, phone companies and other
utilities, and banks and other lenders. Ask to speak with someone in the
security or fraud department of each creditor, and follow up with a
letter. It's particularly important to notify credit card companies in
writing because that's the consumer protection procedure the law spells
out for resolving errors on credit card billing statements. Immediately
close accounts that have been tampered with and open new ones with new
Personal Identification Numbers (PINs) and passwords. Here again, avoid
using easily available information like your mother's maiden name, your
birth date, the last four digits of your SSN or your phone number, or a
series of consecutive numbers.
Third, file a report with your local police or the police in
the community where the identity theft took place.
Get a copy of the police report in case the bank, credit card company
or others need proof of the crime. Even if the police can't catch the
identity thief in your case, having a copy of the police report can help
you when dealing with creditors.
Your Next Steps
Although there's no question that identity thieves can wreak havoc on
your personal finances, thereare some things you can do to take control of
the situation. For example:
-
Stolen mail. If an identity thief has
stolen your mail to get new credit cards, bank and credit card
statements, pre-screened credit offers or tax information, or if an
identity thief has falsified change-of-address forms, that's a crime.
Report it to your local postal inspector. Contact your local post office
for the phone number for the nearest postal inspection service office or
check the Postal Service web site at www.usps.gov/websites/depart/inspect.
-
Change of address on credit card
accounts. If you discover that an identity thief has changed
the billing address on an existing credit card account, close the
account. When you open a new account, ask that a password be used before
any inquiries or changes can be made on the account. Avoid using easily
available information like your mother's maiden name, your birth date,
the last four digits of your SSN or your phone number, or a series of
consecutive numbers. Avoid using the same information and numbers when
you create a PIN.
-
Bank accounts. If you have reason to
believe that an identity thief has tampered with your bank accounts,
checks or ATM card, close the accounts immediately. When you open new
accounts, insist on password-only access to minimize the chance that an
identity thief can violate the accounts.
In addition, if your checks have been stolen or misused,
stop payment. Also contact the major check verification companies to
request that they notify retailers using their databases not to accept
these checks, or ask your bank to notify the check verification service
with which it does business.
National Check Fraud Service: 1-843-571-2143 SCAN:
1-800-262-7771 TeleCheck: 1-800-710-9898 or 927-0188 CrossCheck:
1-707-586-0551 Equifax Check Systems:
1-800-437-5120 International Check Services: 1-800-526-5380
If your ATM card has been lost, stolen or otherwise compromised,
cancel the card as soon as you can and get another with a new PIN.
-
Investments. If you believe that an
identity thief has tampered with your securities investments or a
brokerage account, immediately report it to your broker or account
manager and to the Securities and Exchange Commission.
-
Phone service. If an identity thief has
established new phone service in your name; is making unauthorized calls
that seem to come from - and are billed to - your cellular phone; or is
using your calling card and PIN, contact your service provider
immediately to cancel the account and/or calling card. Open new accounts
and choose new PINs.
If you are having trouble getting fraudulent phone charges removed
from your account, contact your state Public Utility Commission for
local service providers or the Federal Communications Commission for
long-distance service providers and cellular providers at www.fcc.gov/ccb/enforce/complaints.html
or 1-888-CALL-FCC.
-
Employment. If you believe someone is
using your SSN to apply for a job or to work, that's a crime. Report it
to the SSA's Fraud Hotline at 1-800-269-0271. Also call SSA at
1-800-772-1213 to verify the accuracy of the earnings reported on your
SSN, and to request a copy of your Social Security Statement.
Follow up your calls in writing.
-
Driver's license. If you suspect that
your name or SSN is being used by an identity thief to get a driver's
license or a non-driver's ID card, contact your Department of Motor
Vehicles. If your state uses your SSN as your driver's license number,
ask to substitute another number.
-
Bankruptcy. If you believe someone has
filed for bankruptcy using your name, write to the U.S. Trustee in the
Region where the bankruptcy was filed. A listing of the U.S. Trustee
Program's Regions can be found at www.usdoj.gov/ust, or look in the
Blue Pages of your phone book under U.S. Government - Bankruptcy
Administration.
Your letter should describe the situation and provide proof of your
identity. The U.S. Trustee, if appropriate, will make a referral to
criminal law enforcement authorities if you provide appropriate
documentation to substantiate your claim. You also may want to file a
complaint with the U.S. Attorney and/or the FBI in the city where the
bankruptcy was filed.
-
Criminal records/arrests. In rare
instances, an identity thief may create a criminal record under your
name. For example, your imposter may give your name when being arrested.
If this happens to you, you may need to hire an attorney to help resolve
the problem. The procedures for clearing your name vary by
jurisdiction.
|
SHOULD I APPLY FOR A
NEW SOCIAL SECURITY NUMBER?
Under certain circumstances, SSA may
issue you a new SSN - at your request - if, after trying to
resolve the problems brought on by identity theft, you continue to
experience problems. Consider this option carefully. A new SSN may
not resolve your identity theft problems, and may actually create
new problems. For example, a new SSN does not necessarily ensure a
new credit record because credit bureaus may combine the credit
records from your old SSN with those from your new SSN. Even when
the old credit information is not associated with your new SSN, the
absence of any credit history under your new SSN may make it more
difficult for you to get credit. And finally, there's no guarantee
that a new SSN wouldn't also be misused by an identity thief.
|
WHERE THERE'S
HELP...
The FTC collects complaints
about identity theft from consumers who have been victimized. Although the
FTC does not have the authority to bring criminal cases, the Commission
can help victims of identity theft by providing information to assist them
in resolving the financial and other problems that can result from this
crime. The FTC also refers victim complaints to other appropriate
government agencies and private organizations for further action.
If you've been a victim of identity theft, file a
complaint with the FTC by contacting the FTC's Identity Theft Hotline
by telephone: toll-free 1-877-IDTHEFT (438-4338); TDD: 202-326-2502; by
mail: Identity Theft Clearinghouse, Federal Trade Commission, 600
Pennsylvania Avenue, NW, Washington, DC 20580; or online: www.consumer.gov/idtheft.
Other agencies and organizations also are working to combat identity
theft. If specific institutions and companies are not being responsive
to your questions and complaints, you also may want to contact the
government agencies with jurisdiction over those companies. They are
listed in the Resources section of this booklet.
| Federal Laws
The Federal government and numerous states have passed laws that
address the problem of identity theft.
The Identity Theft and Assumption Deterrence Act, enacted by
Congress in October 1998 (and codified, in part, at 18 U.S.C.
§ 1028) is the federal law
directed at identity theft.
Violations of the Act are investigated by federal law enforcement
agencies, including the U.S. Secret Service, the FBI, the U.S.
Postal Inspection Service and SSA's Office of the Inspector General.
Federal identity theft cases are prosecuted by the U.S. Department
of Justice. |
|
Identity Theft
and Assumption Deterrence Act of 1998
The Identity Theft and Assumption
Deterrence Act makes it a federal crime when someone:
"knowingly transfers or uses,
without lawful authority, a means of identification of another
person with the intent to commit, or to aid or abet, any
unlawful activity that constitutes a violation of federal law,
or that constitutes a felony under any applicable state or
local law."
Note that under the Act, a name or
SSN is considered a "means of identification." So is a credit
card number, cellular telephone electronic serial number or
any other piece of information that may be used alone or in
conjunction with other information to identify a specific
individual.
| |
In most instances, a conviction for identity theft carries a maximum
penalty of 15 years imprisonment, a fine and forfeiture of any personal
property used or intended to be used to commit the crime. The Act also
directs the U.S. Sentencing Commission to review and amend the federal
sentencing guidelines to provide appropriate penalties for those persons
convicted of identity theft.
Schemes to commit identity theft or fraud also may involve violations
of other statutes, such as credit card fraud; computer fraud; mail fraud;
wire fraud; financial institution fraud; or Social Security fraud. Each of
these federal offenses is a felony and carries substantial penalties - in
some cases, as high as 30 years in prison, fines and criminal
forfeiture.
State Laws Many states have
passed laws related to identity theft; others may be considering such
legislation. Where specific identity theft laws do not exist, the
practices may be prohibited under other laws. Contact your State Attorney
General's office or local consumer protection agency to find out whether
your state has laws related to identity theft, or visit www.consumer.gov/idtheft.
State laws that had been enacted at the time of this booklet's
publication are listed below.
RESOLVING CREDIT
PROBLEMS
Resolving credit problems
resulting from identity theft can be time-consuming and frustrating. The
good news is that there are federal laws that establish procedures for
correcting credit report errors and billing errors, and for stopping debt
collectors from contacting you about debts you don't owe.
Here is a brief summary of your rights, and what to do to clear up
credit problems that result from identity theft.
Credit Reports
The Fair Credit Reporting Act (FCRA) establishes procedures for
correcting mistakes on your credit record and requires that your record be
made available only for certain legitimate business needs.
Under the FCRA, both the credit bureau and the organization that
provided the information to the credit bureau (the "information
provider"), such as a bank or credit card company, are responsible for
correcting inaccurate or incomplete information in your report. To protect
your rights under the law, contact both the credit bureau and the
information provider.
First, call the credit bureau and follow up in writing.
Tell them what information you believe is inaccurate. Include copies
(NOT originals) of documents that support your position. In addition
to providing your complete name and address, your letter should clearly
identify each item in your report that you dispute, give the facts
and explain why you dispute the information, and request deletion
or correction. You may want to enclose a copy of your report with
circles around the items in question. Your letter may look something
like the sample below. Send your letter by certified
mail, and request a return receipt so you can document what the credit
bureau received and when. Keep copies of your dispute letter and enclosures.
Credit bureaus must investigate the items in question - usually within
30 days - unless they consider your dispute frivolous. They also must
forward all relevant data you provide about the dispute to the information
provider. After the information provider receives notice of a dispute from
the credit bureau, it must investigate, review all relevant information
provided by the credit bureau and report the results to the credit bureau.
If the information provider finds the disputed information to be
inaccurate, it must notify any nationwide credit bureau that it reports to
so that the credit bureaus can correct this information in your file. Note
that:
-
Disputed information that cannot be verified must be
deleted from your file.
-
If your report contains erroneous information, the credit
bureau must correct it.
-
If an item is incomplete, the credit bureau must complete
it. For example, if your file shows that you have been late making
payments, but fails to show that you are no longer delinquent, the
credit bureau must show that you're current.
-
If your file shows an account that belongs to someone
else, the credit bureau must delete it.
When the investigation is complete, the credit bureau must give you the
written results and a free copy of your report if the dispute results in a
change. If an item is changed or removed, the credit bureau cannot put the
disputed information back in your file unless the information provider
verifies its accuracy and completeness, and the credit bureau gives you a
written notice that includes the name, address and phone number of the
information provider.
If you request, the credit bureau must send notices of corrections to
anyone who received your report in the past six months. Job applicants can
have a corrected copy of their report sent to anyone who received a copy
during the past two years for employment purposes. If an investigation
does not resolve your dispute, ask the credit bureau to include your
statement of the dispute in your file and in future reports.
Second, in addition to writing to the credit bureau,
tell the creditor or other information provider
in writing that you
dispute an item. Again, include copies (NOT originals) of documents that
support your position. Many information providers specify an address for
disputes. If the information provider then reports the item to any credit
bureau, it must include a notice of your dispute. In addition, if you are
correct - that is, if the disputed information is not accurate - the
information provider may not use it again. For more information,
consult How to
Dispute Credit Report Errors and Fair Credit
Reporting, two brochures available from the FTC or at www.consumer.gov/idtheft.
Credit Cards
The Truth in Lending Act limits your liability for unauthorized credit
card charges in most cases to $50 per card. The Fair Credit Billing Act
establishes procedures for resolving billing errors on your credit card
accounts.
The Act's settlement procedures apply to disputes about "billing
errors." This includes fraudulent charges on your accounts.
To take advantage of the law's consumer protections, you
must:
-
write to the creditor at the address given for "billing
inquiries," not the address for sending your payments. Include
your name, address, account number and a description of the billing
error, including the amount and date of the error. Your letter
may look something like the sample below.
-
send your letter so that it reaches the creditor within 60
days after the first bill containing the error was mailed to you. If the
address on your account was changed by an identity thief and you never
received the bill, your dispute letter still must reach the creditor
within 60 days of when the creditor would have mailed the bill. This is
why it's so important to keep track of your billing statements and
immediately follow up when your bills don't arrive on time.
SSend your letter by certified mail, and request a return receipt. This
will be your proof of the date the creditor received the letter. Include
copies (NOT originals) of sales slips or other documents that support your
position. Keep a copy of your dispute letter.
The creditor must acknowledge your complaint in writing within 30 days
after receiving it, unless the problem has been resolved. The creditor
must resolve the dispute within two billing cycles (but not more than 90
days) after receiving your letter.
For more information, see Fair Credit
Billing and Avoiding
Credit and Charge Card Fraud, two brochures available from the
FTC or at www.consumer.gov/idtheft.
Debt Collectors —
The Fair Debt Collection Practices Act prohibits debt collectors from
using unfair or deceptive practices to collect overdue bills that a
creditor has forwarded for collection.
You can stop a debt collector from contacting you by writing a letter
to the collection agency telling them to stop. Once the debt collector
receives your letter, the company may not contact you again - with two
exceptions: they can tell you there will be no further contact and they
can tell you that the debt collector or the creditor intends to take some
specific action.
A collector also may not contact you if, within 30 days after you
receive the written notice, you send the collection agency a letter
stating you do not owe the money. Although such a letter should stop the
debt collector's calls, it will not necessarily get rid of the debt
itself, which may still turn up on your credit report. In addition, a
collector can renew collection activities if you are sent proof of the
debt. So, along with your letter stating you don't owe the money, include
copies of documents that support your position. If you're a victim
of identity theft, including a copy (NOT original) of the police report
you filed may be particularly useful.
For more information, consult Fair Debt
Collection, a brochure available from the FTC or at www.consumer.gov/idtheft
ATM Cards, Debit Cards and Electronic Fund
Transfers
The Electronic Fund Transfer Act provides consumer protections for
transactions involving an ATM or debit card or other electronic way to
debit or credit an account. It also limits your liability for unauthorized
electronic fund transfers.
It's important to report lost or stolen ATM and debit cards immediately
because the amount you can be held responsible for depends on
how quickly you report the loss.
-
If you report your ATM card lost or stolen within two
business days of discovering the loss or theft, your losses are limited
to $50.
-
If you report your ATM card lost or stolen after the two
business days, but within 60 days after a statement showing an
unauthorized electronic fund transfer, you can be liable for up to $500
of what a thief withdraws.
-
If you wait more than 60 days, you could lose
all the money that was taken from your account
after the end of the 60 days and before you report your card missing.
The best way to protect yourself in the event of an error or
fraudulent transaction is to call the financial institution and follow up
in writing - by certified letter, return receipt requested - so you can
prove when the institution received your letter. Keep a copy of the letter
you send for your records.
| After notification about an error on your
statement, the institution generally has 10 business days to
investigate. The financial institution must tell you the results of
its investigation within three business days after completing it and
must correct an error within one business day after determining that
the error has occurred. If the institution needs more time, it may
take up to 45 days to complete the investigation - but only if the
money in dispute is returned to your account and you are notified
promptly of the credit. At the end of the investigation, if no error
has been found, the institution may take the money back if it sends
you a written explanation. |
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A Special Word
About Lost or Stolen Checks
While no federal law limits your
losses if someone steals your checks and forges your
signature, state laws protect you. Most states hold the bank
responsible for losses from a forged check. At the same time,
however, most states require you to take reasonable care of
your account. For example, you may be held responsible for the
forgery if you fail to notify the bank in a timely manner that
a check was lost or stolen. Contact your state banking or
consumer protection agency for more information.
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Note: VISA and MasterCard voluntarily have agreed to
limit consumers' liability for unauthorized use of their debit cards in
most instances to $50 per card, no matter how much time has elapsed since
the discovery of the loss or theft of the card.
For more information, consult Electronic
Banking and Credit
and ATM Cards: What to Do If They're Lost or Stolen, two
brochures available from the FTC or at www.consumer.gov/idtheft.
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Sample
Dispute Letter — Credit Bureau
Date
Your Name Your Address Your City, State, Zip Code
Complaint Department Name of Credit Bureau Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute the following information in my file. The
items I dispute also are circled on the attached copy of the report
I received. (Identify item(s) disputed by name of source, such as
creditors or tax court, and identify type of item, such as credit
account, judgment, etc.)
This item is (inaccurate or incomplete) because (describe what is
inaccurate or incomplete and why). I am requesting that the item be
deleted (or request another specific change) to correct the
information.
Enclosed are copies of (use this sentence if applicable and
describe any enclosed documentation, such as payment records, court
documents) supporting my position. Please investigate this (these)
matter(s) and (delete or correct) the disputed item(s) as soon as
possible.
Sincerely, Your name
Enclosures: (List what you are enclosing.)
|
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Sample
Dispute Letter — Credit Card Issuers
Date
Your Name Your Address Your City, State, Zip Code Your
Account Number
Name of Creditor Billing Inquiries Address City,
State, Zip Code
Dear Sir or Madam:
I am writing to dispute a billing error in the amount of
$______on my account. The amount is inaccurate because (describe the
problem). I am requesting that the error be corrected, that any
finance and other charges related to the disputed amount be credited
as well, and that I receive an accurate statement.
Enclosed are copies of (use this sentence to describe any
enclosed information, such as sales slips, payment records)
supporting my position. Please investigate this matter and correct
the billing error as soon as possible.
Sincerely,
Your name
Enclosures: (List what you are enclosing.)
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A Special Word About Lost or
Stolen Checks
While no federal law limits your losses if someone steals your checks
and forges your signature, state laws protect you. Most states hold the
bank responsible for losses from a forged check. At the same time,
however, most states require you to take reasonable care of your account.
For example, you may be held responsible for the forgery if you fail to
notify the bank in a timely manner that a check was lost or stolen.
Contact your state banking or consumer protection agency for more
information.
RESOURCES
Federal Government
Federal Trade Commission (FTC) — http://www.ftc.gov/ The FTC is
the federal clearinghouse for complaints by victims of identity theft.
Although the FTC does not have the authority to bring criminal cases, the
Commission helps victims of identity theft by providing them with
information to help resolve the financial and other problems that can
result from identity theft. The FTC also may refer victim complaints to
other appropriate government agencies and private organizations for
action.
If you've been a victim of identity theft, file a complaint
with the FTC by contacting the FTC's Identity Theft Hotline by
telephone: toll-free 1-877-IDTHEFT (438-4338); TDD: 202-326-2502; by mail:
Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania
Avenue, NW, Washington, DC 20580; or online: www.consumer.gov/idtheft.
FTC publications:
Banking Agencies
If you're having trouble getting your financial institution to help
you resolve your banking- related identity theft problems including
problems with bank-issued credit cards contact the agency with the
appropriate jurisdiction. If you're not sure which agency has
jurisdiction over your institution, call your bank or visit www.ffiec.gov/nic/default.htm.
Federal Deposit Insurance Corporation (FDIC) — http://www.fdic.gov/ The
FDIC supervises state-chartered banks that are not members of the
Federal Reserve System and insures deposits at banks and savings and
loans.
Call the FDIC Consumer Call Center at 1-800-934-3342; or write:
Federal Deposit Insurance Corporation, Division of Compliance and
Consumer Affairs, 550 17th Street, NW, Washington, DC 20429.
FDIC publications:
Federal Reserve System (Fed) — http://www.federalreserve.gov/
The Fed supervises state-chartered banks that are members
of the Federal Reserve System.
Call: 202-452-3693; or write: Division of Consumer and Community
Affairs, Mail Stop 801, Federal Reserve Board, Washington, DC 20551; or
contact the Federal Reserve Bank in your area. The 12 Reserve Banks are
located in Boston, New York City, Philadelphia, Cleveland, Richmond,
Atlanta, Chicago, St. Louis, Minneapolis, Kansas City, Dallas and San
Francisco.
National Credit Union Administration (NCUA) — http://www.ncua.gov/ The
NCUA charters and supervises federal credit unions and insures deposits
at federal credit unions and many state credit unions.
Call: 703-518-6360; or write: Compliance Officer, National Credit
Union Administration, 1775 Duke Street, Alexandria, VA 22314.
Office of the Comptroller of the Currency (OCC) — http://www.occ.treas.gov/ The
OCC charters and supervises national banks. If the word "national"
appears in the name of a bank, or the initials "N.A." follow its name,
the OCC oversees its operations.
Call: 1-800-613-6743 (business days 9:00 a.m. to 4:00 p.m. CST); fax:
713-336-4301; write: Customer Assistance Group, 1301 McKinney Street,
Suite 3710, Houston, TX 77010.
OCC publications:
Office of Thrift Supervision (OTS) — http://www.ots.treas.gov/
The OTS is the primary regulator of all federal and many
state-chartered thrift institutions, which include savings banks and
savings and loan institutions.
Call: 202-906-6000; or write: Office of Thrift Supervision, 1700 G
Street, NW, Washington, DC 20552.
Department of Justice (DOJ) — http://www.usdoj.gov/ The
DOJ and its U.S. Attorneys prosecute federal identity theft cases.
Information on identity theft is available at www.usdoj.gov/criminal/fraud/idtheft.html.
Federal Bureau of Investigation (FBI) — http://www.fbi.gov/ The FBI is
one of the federal criminal law enforcement agencies that investigates
cases of identity theft. Local field offices are listed in the Blue Pages
of your telephone directory.
FBI publications:
Federal Communications Commission (FCC) — http://www.fcc.gov/ The FCC
regulates interstate and international communications by radio,
television, wire, satellite and cable. The FCC's Consumer Information
Bureau is the consumer's one-stop source for information, forms,
applications and current issues before the FCC.
Call: 1-888-CALL-FCC; TTY: 1-888-TELL-FCC; or write: Federal
Communications Commission, Consumer Information Bureau, 445 12th Street,
SW, Room 5A863, Washington, DC 20554. You can file complaints via the
online complaint form at www.fcc.gov, or e-mail questions to fccinfo@fcc.gov.
Internal Revenue Service (IRS) — www.treas.gov/irs/ci
The IRS is responsible for administering and enforcing the
internal revenue laws. If you believe someone has assumed your identity to
file federal Income Tax Returns, or to commit other tax fraud, call
toll-free: 1-800-829-0433. For assistance to victims of identity theft
schemes who are having trouble filing their correct returns, call the IRS
Taxpayer Advocates Office, toll-free: 1-877-777- 4778.
U.S. Secret Service (USSS) — www.treas.gov/usss The
U.S. Secret Service is one of the federal law enforcement agencies that
investigates financial crimes, which may include identity theft. Although
the Secret Service generally investigates cases where the dollar loss is
substantial, your information may provide evidence of a larger pattern of
fraud requiring their involvement. Local field offices are listed in the
Blue Pages of your telephone directory.
Social Security Administration (SSA) — http://www.ssa.gov/ SSA may
assign you a new SSN - at your request - if you continue to experience
problems even after trying to resolve the problems resulting from identity
theft. SSA field office employees work closely with victims of identity
theft and third parties to collect the evidence needed to assign a new SSN
in these cases.
SSA Office of the Inspector General (SSA/OIG) The SSA/OIG
is one of the federal law enforcement agencies that investigates cases of
identity theft.
Direct allegations that an SSN has been stolen or misused to the SSA
Fraud Hotline. Call: 1-800- 269-0271; fax: 410-597-0018; write: SSA Fraud
Hotline, P.O. Box 17768, Baltimore, MD 21235; or e-mail: oig.hotline@ssa.gov
SSA publications:
U.S. Postal Inspection Service (USPIS) — www.usps.gov/websites/depart/inspect
The USPIS is one of the federal law enforcement agencies that
investigates cases of identity theft. USPIS is the law enforcement arm of
the U.S. Postal Service. USPIS has primary jurisdiction in all matters
infringing on the integrity of the U.S. mail. You can locate the USPIS
district office nearest you by calling your local post office or checking
the list at the web site above.
U.S. Securities and Exchange Commission (SEC) — http://www.sec.gov/ The SEC's
Office of Investor Education and Assistance serves investors who complain
to the SEC about investment fraud or the mishandling of their investments
by securities professionals. If you've experienced identity theft in
connection with a securities transaction, write: SEC, 450 Fifth Street,
NW, Washington, DC, 20549-0213. You also may call 202-942-7040 or send an
e-mail to help@sec.gov.
U. S. Trustee (UST) — www.usdoj.gov/ust
If you believe someone has filed for bankruptcy using your name, write
to the U.S. Trustee in the region where the bankruptcy was filed. A list
of the U.S. Trustee's Regional Offices is available on the UST web site,
or check the Blue Pages of your phone book under U.S. Government
Bankruptcy Administration. Your letter should describe the situation and
provide proof of your identity. The U.S. Trustee, if appropriate, will
make a criminal referral to criminal law enforcement authorities if you
provide appropriate documentation to substantiate your claim. You also may
want to file a complaint with the U.S. Attorney and/or the FBI in the city
where the bankruptcy was filed.
The U.S. Trustee does not provide legal representation, legal advice or
referrals to lawyers. That means you may need to hire an attorney to help
convince the bankruptcy court that the filing is fraudulent. The U.S.
Trustee does not provide consumers with copies of court documents. Those
documents are available from the bankruptcy clerk's office for a fee.
State and Local Governments
Many states and local governments have passed laws related to identity
theft; others may be considering such legislation. Where specific identity
theft laws do not exist, the practices may be prohibited under other laws.
Contact your State Attorney General's office (for a list of state offices,
visit http://www.naag.org/) or local
consumer protection agency to find out whether your state has laws related
to identity theft, or visit www.consumer.gov/idtheft/.
Credit Bureaus
Equifax — http://www.equifax.com/ To
order your report, call: 1-800-685-1111 or write: P.O. Box 740241,
Atlanta, GA 30374-0241 To report fraud, call: 1-800-525-6285 and
write: P.O. Box 740241, Atlanta, GA 30374-0241
Experian — http://www.experian.com/
To order your report, call: 1-888-EXPERIAN (397-3742) or
write: P.O. Box 949, Allen TX 75013- 0949 To report fraud, call:
1-888-EXPERIAN (397-3742) and write: P.O. Box 949, Allen TX 75013-0949
Trans Union — http://www.tuc.com/ To order
your report, call: 800-916-8800 or write: P.O. Box 1000, Chester, PA
19022. To report fraud, call: 1-800-680-7289 and write: Fraud
Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634
PRIVACY
POLICY
When you contact us with complaints or requests for information, you
can contact us by telephone, toll-free at 1-877-ID-THEFT (438-4338); by
postal mail: Federal Trade Commission, Identity Theft Clearinghouse, 600
Pennsylvania Avenue, NW, Washington, DC 20580; or electronically via our
online complaint form, located at http://www.consumer.gov/. Before you
do, there are a few things you should know.
The material you submit may be seen by various people. We enter the
information you send into our electronic database. This information is
shared with our attorneys and investigators. It may also be shared with
employees of various other federal, state, or local authorities who may
use this data for regulatory or law enforcement purposes. We may also
share some information with certain private entities, such as credit
bureaus and any companies you may have complained about, where we believe
that doing so might assist in resolving identity theft-related problems.
You may be contacted by the FTC or any of the agencies or private entities
to whom your complaint has been referred. In other limited circumstances,
including requests from Congress, we may be required by law to disclose
information you submit.
You have the option to submit your information anonymously. However, if
you do not provide your name and contact information, law enforcement and
other entities will not be able to contact you to obtain additional
information to assist in identity theft investigations and prosecutions.
The FTC works for the consumer to
prevent fraudulent, deceptive and unfair business practices in the
marketplace and to provide information to help consumers spot, stop
and avoid them. To file a complaint, or to get free information on
any of 150 consumer
topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357),
or use the online
complaint form. The FTC enters Internet, telemarketing, identity
theft and other fraud-related complaints into Consumer Sentinel, a
secure, online database available to hundreds of civil and criminal
law enforcement agencies worldwide.
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