When Bad Things Happen

To Your Good Name

Federal Trade Commission

August 2000

CAROL

WN HARRY

NNY PAUL

Y JOHN BE

DY COLL

E MELESA

A PAT ANN

CHARLES

Y BARBAR

N JANE HENRY

D RAY DONNA ANNA

RY SUE ILSA HOWARD

CALLIE LONIE GAIL SHO

BOB KRISTEN ALLEN JES

DY STEVEN JAMES LAUR

NETH MARYANN GEORE

RTHA HERMAN DOTTIE LE

ATRICIA JODIE MARIE M
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 didnt 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 dont 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 parentss name, but the third has

turned the account over to a collection agency.

The agency doesnt believe Mom and Dad didnt

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 ................................................................................. 1

How Identity Theft Occurs ............................................................ 2

Minimize Your Risk ...................................................................... 3

Choosing to Share Personal Information  or Not .......................... 5 Credit Bureaus......................................................................... 5

Departments of Motor Vehicles ................................................. 6

Direct Marketers ...................................................................... 6

If Youre a Victim ......................................................................... 7

Your First Three Steps............................................................... 7

Your Next Steps ....................................................................... 8

Where Theres Help ................................................................... 11 Federal Clearinghouse for Consumer Complaints .................... 11

Federal Laws ......................................................................... 11

State Laws ............................................................................. 12

Resolving Credit Problems .......................................................... 14 Credit Reports ....................................................................... 14

Credit Cards ......................................................................... 16

Debt Collectors ...................................................................... 17

ATM Cards, Debit Cards and Electronic Fund Transfers ............ 17

Resources .................................................................................. 19

Federal Government .............................................................. 19

State and Local Governments ................................................. 22

Credit Bureaus....................................................................... 22
1

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I

n 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 dont give these

everyday transactions a second

thought. But someone else may.

The 1990s 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 alltoo-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 youve been a victim of

identity theft, you can call the

FTCs 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.

Introduction

The FTC, working in conjunction with other government

agencies, has produced this

booklet to help you guard against

and recover from identity theft.
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 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.

Privacy Policy
www.consumer.gov/idtheft

Toll-free 1.877.IDTHEFT
2

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 hitech  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 theres a problem.

They open a new credit card

account, using your name,

date of birth and SSN.

When they use the credit

card and dont 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 theyve 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.

How Identity Theft Occurs
3

While you probably

cant 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 dont 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.

 Put passwords on your credit

card, bank and phone accounts. Avoid using easily

available information like

your mothers maiden name,

your birth date, the last four

digits of your SSN or your

phone number, or a series of

consecutive numbers.

 Minimize Your Risk

 Minimize the identification

information and the number of

cards you carry to what youll

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 youre dealing with.

Identity thieves may pose as

representatives of banks,

Internet service providers and

even government agencies to

get you to reveal your SSN,

mothers 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 to

capture your personal information, tear or shred your

charge receipts, copies of

credit applications, insurance

forms, 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
4

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.

 Dont 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 youve 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 youve 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

on page 14 for details about

removing fraudulent and inaccurate information from your credit

report.

CREDIT BUREAUS

Equifax  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  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  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

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

dont 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 dont

give you my SSN?

Sometimes a business may

not provide you with the

service or benefit youre

seeking if you dont 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.

A SPECIAL WORD ABOUT SOCIAL SECURITY NUMBERS
5

237287

237 287

237287

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 dont tear them

up after you decide you dont

want to accept the offer, identity

thieves may retrieve the offers

for their own use without your

knowledge.

Choosing to Share Your

Personal Information  or Not
6

To opt out of receiving prescreened 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

Experians marketing lists, call

1-800-407-1088.

Departments of

Motor Vehicles

Take a look at your drivers

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

Associations (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 cant 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 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

www.the-dma.org
7

Sometimes an identity thief

can strike even if youve

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 form on page

10. 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 appropriate in almost

every case.

Your First Three Steps

First, contact the fraud departments of each of the three

major credit bureaus.

Tell them that youre an

identity theft victim. Request

that a fraud alert be placed in

your file, as well as a victims

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

If Youre a Victim
8

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 on page 14 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. Its particularly important to notify credit card companies in writing because thats 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

mothers 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 cant 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 theres no question

that identity thieves can wreak

havoc on your personal finances,

there are 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, prescreened credit offers or tax

information, or if an identity

thief has falsified change-ofaddress forms, thats 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 mothers 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. Three of the check

verification companies that

accept reports of check fraud

directly from consumers are:

Telecheck: 1-800-710-9898

International Check

 Services: 1-800-631-9656

Equifax: 1-800-437-5120

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
9

SHOULD I APPLY FOR A

NEW SOCIAL SECURITY

NUMBER?

Under certain circumstances, SSA may assign

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,

theres no guarantee that

a new SSN wouldnt also

be misused by an identity

thief.

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,

thats a crime. Report it to the

SSAs 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.

 Drivers license. If you

suspect that your name or SSN

is being used by an identity

thief to get a drivers license or

a non-drivers ID card, contact

your Department of Motor

Vehicles. If your state uses

your SSN as your drivers

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 Programs 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.
10 Chart Your Course of Action

Use this form to record the steps youve taken to report the fraudulent use of your identity. Keep this list in a safe place foCredit Bureaus  Report FraudBanks, Credit Card Issuers and Other Creditors (Contact each creditor promptly to protect your legal rights

Law Enforcement Authorities  Report Identity Theft

Agency/Dept. Phone Number Date Contacted Contact Person Report Number Comments

Bureau Phone Number Date Contacted Contact Person Comments

E 5 quifax 1-800-525-628

E 2 xperian 1-888-397-374

T 9 rans Union 1-800-680-728

Creditor Address and Phone Number Date Contacted Contact Person Comments

Federal TradeCommission 1-877-IDTHEFT

Local PoliceDepartment
11

Where Theres 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 youve been a victim of

identity theft, file a complaint

with the FTC by contacting the

FTCs 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 on page 19.

Federal Laws

The Federal government and

numerous states have passed

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.
12

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. (See

box on page 11.)

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 SSAs Office of the

Inspector General. Federal

identity theft cases are prosecuted by the U.S. Department

of Justice.

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 Generals 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

booklets publication are listed

below.

Arizona

Ariz. Rev. Stat. § 13-2708

Arkansas

Ark. Code Ann. § 5-37-227

California

Cal. Penal Code § 530.5

Colorado

2000 Colo. Legis. Serv. ch. 159

(May 19, 2000)

Connecticut

1999 Conn. Acts 99

Florida

Fla. Stat. Ann. § 817.568

Georgia

Ga. Code Ann. §§ 16-9-121

Idaho

Idaho Code § 18-3126

Illinois

720 ILCS 5/16G

Indiana

Ind. Code § 35-43-5-4 (2000)

Iowa

Iowa Code § 715A.8

Kansas

Kan. Stat. Ann. § 21-4108

Kentucky

2000 Ky. Acts § 1, ch. 514

(March 28, 2000)

Louisiana

La. Rev. Stat. Ann. § 67.16

Maine

Me. Rev. Stat. Ann. tit. 17-A,

§ 354-2A

Maryland

Md. Ann. Code art. 27 § 231

Massachusetts

Mass. Gen. Laws ch. 266 § 37E

Minnesota

Minn. Stat. Ann. § 609.527

Mississippi

Miss. Code Ann. § 97-19-85

Missouri

Mo. Rev. Stat. § 570.223

Nevada

Nev. Rev. Stat. § 205.465

New Hampshire

N.H. Rev. Stat. Ann. § 638:26

(Jan. 1, 2000)

New Jersey

N.J. Stat. Ann. § 2C:21-17

North Carolina

N.C. Gen. Stat. § 14-113.20

(1999)

North Dakota

N.D.C.C. § 12.1-23-11

Ohio

Ohio Rev. Code Ann. 2913

Oklahoma

Okla. Stat. tit. 21, § 1533.1

Oregon

Or. Rev. Stat. § 165.800

Pennsylvania

2000 Pa. Legis. Serv. Act 2000-

21 (H.B. 945)(PURDONS)(an

act amending Title 18 § 420)(Pa.

Cons. Stat. Ann. § 420)(West

appr. May 22, 2000)
13

South Carolina

S.C. Code Ann. § 16-13-500,

501

South Dakota

2000 S.D. Laws 20

Tennessee

Tenn. Code Ann. § 39-14-150

Texas

Tex. Penal Code § 32.51

Utah

2000 Utah Laws 57 (Utah Code

Ann. § 76-6-1101-1104)

Virginia

2000 Va. Acts ch. 349 (adding

Va. Code Ann. § 18.2-186.3)

Washington

Wash. Rev. Code § 9.35.020

West Virginia

W. Va. Code § 61-3-54

Wisconsin

Wis. Stat. § 943.201

Wyoming

Wyo. Stat. Ann. § 6-3-901
14

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

dont 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

Resolving Credit Problems
15

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

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 at

right. 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 youre current.

 If your file shows an account

that belongs to someone else,

the credit bureau must

delete it.

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.)
16

To take advantage of the

laws 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

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.)

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 Acts settlement procedures apply to disputes about

billing errors. This includes

fraudulent charges on your

accounts.
17

If youre 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.

Its 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.

something like the sample on

page 16.

 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 its

so important to keep track of

your billing statements and

immediately follow up when

your bills dont arrive on time.

Send 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

collectors 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 dont owe the

money, include copies of documents that support your position.

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.
18

 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.

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

Theyre Lost or Stolen, two

brochures available from the

FTC or at www.consumer.gov/

idtheft
19

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7+(

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Federal Government

Federal Trade Commission (FTC)  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 youve been a victim of identity theft, file a complaint with the FTC by contacting the FTCs

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:

 Avoiding Credit and Charge Card Fraud

 Credit and ATM Cards: What to Do If Theyre Lost or Stolen

 Credit Card Loss Protection Offers: Theyre The Real Steal

 Electronic Banking

 Fair Credit Billing

 Fair Credit Reporting

 Fair Debt Collection

 Getting Purse-onal: What To Do If Your Wallet or Purse Is Stolen

 How to Dispute Credit Report Errors

 Identity Crisis... What to Do If Your Identity Is Stolen

 Identity Thieves Can Ruin Your Good Name: Tips for Avoiding Identity Theft

Resources
20

Banking Agencies

If youre 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 youre 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)  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:

 Classic Cons... And How to Counter Them  www.fdic.gov/consumers/consumer/news/

cnsprg98/cons.html

 Pretext Calling and Identity Theft  www.fdic.gov/regulations/resources/fraud/Pretext.html

 Your Wallet: A Losers Manual  www.fdic.gov/consumers/consumer/news/cnfall97/

wallet.html

 A Crook Has Drained Your Account. Who Pays?  www.fdic.gov/consumers/consumer/news/

cnsprg98/crook.html

Federal Reserve System (Fed)  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)  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)  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; or write:

Customer Assistance Group, 1301 McKinney Street, Suite 3710, Houston, TX 77010.

OCC publications:

 Check Fraud: A Guide to Avoiding Losses  www.occ.treas.gov/chckfrd/idassume.htm

Office of Thrift Supervision (OTS)  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.
21

Department of Justice (DOJ)  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)  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:

 Protecting Yourself Against Identity Fraud  www.fbi.gov/contact/fo/norfolk/ident.htm

Federal Communications Commission (FCC)  www.fcc.gov

The FCC regulates interstate and international communications by radio, television, wire, satellite and

cable. The FCCs Consumer Information Bureau is the consumers 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.

 Financial Crimes Division 

www.treas.gov/usss/financial_crimes.htm

 Frequently Asked Questions: Protecting Yourself

www.treas.gov/usss/faq.htm

Social Security Administration (SSA)  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: 410-597-0118; write: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235; or e-mail:

oig.hotline@ssa.gov

SSA publications:

 SSA Fraud Hotline for Reporting Fraud  www.ssa.gov/oig/guidelin.htm

 Social Security  When Someone Misuses Your Number (SSA Pub. No. 05-10064)

www.ssa.gov/pubs/10064.html
22

 Social Security  Your Number and Card (SSA Pub. No. 05-10002)

www.ssa.gov/pubs/10002.html

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)  www.sec.gov

The SECs 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 youve 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. Trustees 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 clerks 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 Generals office (for a list of state offices, visit 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  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  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  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