Take Charge:

Fighting Back Against Identity Theft

INTRODUCTION .......................................................................................

HOW IDENTITY THEFT OCCURS ..................................................... ..

· If Your Personal Information Has Been Lost or Stolen .......................

ID THEFT VICTIMS: IMMEDIATE STEPS ............................................

· Placing Fraud Alerts on Your Credit Report........................................

· Closing Accounts ...................................................................................

· Filing a Police Report ...........................................................................

· Filing a Complaint with the Federal Trade Commission ...................

· The Identity Theft Report ..................................................................· · · 

· Tips For Organizing Your Case ............................................................

· Chart Your Course of Action ..................................................................

RESOLVING SPECIFIC PROBLEMS .......................................................

· Bank Accounts and Fraudulent Withdrawals ......................................

· Bankruptcy Fraud ..................................................................................

· Correcting Fraudulent Information in Credit Reports .......................

· Credit Cards ...........................................................................................

· Criminal Violations ...............................................................................

· Debt Collectors ......................................................................................

· Driver’s License .....................................................................................

· Investment Fraud ..................................................................................

· Mail Theft ..............................................................................................

· Passport Fraud ......................................................................................

· Phone Fraud ..........................................................................................

· Social Security Number Misuse .............................................................

· Student Loans .......................................................................................

· Tax Fraud ...............................................................................................

STAYING ALERT .....................................................................................

· Getting Your Credit Report .................................................................

MINIMIZING RECURRENCES ...............................................................

· What To Do Today ...............................................................................

· Maintaining Vigilance ..........................................................................

· A Special Word About Social Security Numbers ................................

· The Doors and Windows are Locked, But... ........................................

 

APPENDIX ..............................................................................................

· It’s the Law .............................................................................................

· Instructions for Completing the ID Theft Affidavit ...........................

· The ID Theft Affidavit ..........................................................................

· Annual Credit Report Request Form ....................................................

· The FTC’s Privacy Policy ......................................................................

Table of Contents

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Take Charge: Fighting Back Against Identity Theft 1

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, change service providers 

for your cell phone, or apply for a credit card. Chances are you don’t give these 

everyday transactions a second thought. But an identity thief does.

Identity theft is a serious crime. People whose identities have been stolen 

can spend months or years – and thousands of dollars – cleaning up the mess 

the thieves have made of a good name and credit record. In the meantime, 

victims of identity theft may lose job opportunities, be refused loans for 

education, housing, or cars, and even get arrested for crimes they didn’t 

commit. Humiliation, anger, and frustration are among the feelings victims 

experience as they navigate the process of rescuing their identity. 

Working with other government agencies and organizations, the Federal Trade 

Commission (FTC) has produced this booklet to help you remedy the effects 

of an identity theft. It describes what steps to take, your legal rights, how to 

handle specific problems you may encounter on the way to clearing your 

name, and what to watch for in the future.

Introduction
2 Take Charge: Fighting Back Against Identity Theft

I first was notified that someone had used my Social Security number for their 

taxes in February 2004. I also found out that this person opened a checking 

account, cable and utility accounts, and a cell phone account in my name. 

I’m still trying to clear up everything and just received my income tax refund 

after waiting four to five months. Trying to work and get all this cleared up 

is very stressful. 

 From a consumer’s complaint to the FTC, July 9, 2004

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 to gain 

access to your data. 

How identity thieves get your personal information: 

• They get information from businesses or other institutions by:

4 stealing records or information while they’re on the job

4 bribing an employee who has access to these records

4 hacking these records

4 conning information out of employees

• They may steal your mail, including bank and credit card statements, 

credit card offers, new checks, and tax information. 

• They may rummage through your trash, the trash of businesses, or public

trash dumps in a practice known as “dumpster diving.”
Take Charge: Fighting Back Against Identity Theft 3

• They may get your credit reports by abusing their employer’s authorized 

access to them, or by posing as a landlord, employer, or someone else who 

may have a legal right to access your report.

• They may steal your credit or debit card numbers by capturing the information

in a data storage device in a practice known as “skimming.” They may swipe 

your card for an actual purchase, or attach the device to an ATM machine 

where you may enter or swipe your card. 

• They may steal your wallet or purse.

• They may steal personal information they find in your home. 

• They may steal personal information from you through email or phone by 

posing as legitimate companies and claiming that you have a problem with 

your account. This practice is known as “phishing” online, or “pretexting” 

by phone.

How identity thieves use your personal information: 

• They may call your credit card issuer to change the billing address on your 

credit card account. The imposter then runs up charges on your account. 

Because your bills are being sent to a different address, it may be some time 

before you realize there’s a problem. 

• They may open new credit card accounts in your name. When they use the 

credit cards and don’t pay the bills, the delinquent accounts are reported 

on your credit report. 

• They may establish phone or wireless service in your name. 

• They may open a bank account in your name and write bad checks on 

that account.

• They may counterfeit checks or credit or debit cards, or authorize electronic 

transfers in your name, and drain your bank account. 

• They may file for bankruptcy under your name to avoid paying debts they’ve 

incurred under your name, or to avoid eviction. 

• They may buy a car by taking out an auto loan in your name. 

• They may get identification such as a driver’s license issued with their 

picture, in your name.
4 Take Charge: Fighting Back Against Identity Theft

• They may get a job or file fraudulent tax returns in your name.

• They may give your name to the police during an arrest. If they don’t show 

up for their court date, a warrant for arrest is issued in your name.

If Your Personal Information Has Been Lost or Stolen 

If you’ve lost personal information or identification, or if it has been stolen 

from you, taking certain steps quickly can minimize the potential for identity 

theft.

• Financial accounts: Close accounts, like credit cards and bank accounts, 

immediately. When you open new accounts, place passwords on them. 

Avoid using your mother’s maiden name, your birth date, the last four digits 

of your Social Security number (SSN) or your phone number, or a series of 

consecutive numbers.

• Social Security number: Call the toll-free fraud number of any of the three 

nationwide consumer reporting companies and place an initial fraud alert on 

your credit reports. An alert can help stop someone from opening new credit 

accounts in your name. For consumer reporting company contact information, 

see page 5. For more information about fraud alerts, see page 6. 

• Driver’s license/other government-issued identification: Contact the agency 

that issued the license or other identification document. Follow its procedures 

to cancel the document and to get a replacement. Ask the agency to flag your 

file so that no one else can get a license or any other identification 

document from them in your name. 

Once you’ve taken these precautions, watch for signs that your information 

is being misused. See Staying Alert, page 27. 

If your information has been misused, file a report about the theft with the 

police, and file a complaint with the Federal Trade Commission, as well. If 

another crime was committed – for example, if your purse or wallet was stolen 

or your house or car was broken into – report it to the police immediately.
Take Charge: Fighting Back Against Identity Theft 5

If you are a victim of identity theft, take the following four steps as soon as 

possible, and keep a record with the details of your conversations and copies 

of all correspondence. 

1. Place a fraud alert on your credit reports, and review 

your credit reports.

Fraud alerts can help prevent an identity thief from opening any more accounts 

in your name. Contact the toll-free fraud number of any of the three consumer 

reporting companies below to place a fraud alert on your credit report. You 

only need to contact one of the three companies to place an alert. The company 

you call is required to contact the other two, which will place an alert on their 

versions of your report, too.

• Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 

30374-0241

• Experian: 1-888-EXPERIAN (1-888-397-3742); www.experian.com; P.O. Box 

9532, Allen, TX 75013

• TransUnion: 1-800-680-7289; www.transunion.com; Fraud Victim Assistance 

Division, P.O. Box 6790, Fullerton, CA 92834-6790

Once you place the fraud alert in your file, you’re entitled to order free copies 

of your credit reports, and, if you ask, only the last four digits of your SSN will 

appear on your credit reports.

Identity Theft Victims: 

Immediate Steps
6 Take Charge: Fighting Back Against Identity Theft

Once you get your credit reports, review them carefully. Look for inquiries 

from companies you haven’t contacted, accounts you didn’t open, and debts on 

your accounts that you can’t explain. Check that information like your SSN, 

address(es), name or initials, and employers are correct. If you find fraudulent 

or inaccurate information, get it removed. See Correcting Credit Reports, 

page 17 to learn how. Continue to check your credit reports periodically, 

especially for the first year after you discover the identity theft, to make sure 

no new fraudulent activity has occurred. 

Fraud Alerts 

There are two types of fraud alerts: an initial alert, and an extended alert.

• An initial alert stays on your credit report for at least 90 days. You may ask that an 

initial fraud alert be placed on your credit report if you suspect you have been, or 

are about to be, a victim of identity theft. An initial alert is appropriate if your wallet 

has been stolen or if you’ve been taken in by a “phishing” scam. When you place 

an initial fraud alert on your credit report, you’re entitled to one free credit report 

from each of the three nationwide consumer reporting companies.

• An extended alert stays on your credit report for seven years. You can have an 

extended alert placed on your credit report if you’ve been a victim of identity theft 

and you provide the consumer reporting company with an “identity theft report” 

(see page 9). When you place an extended alert on your credit report, you’re entitled to two free credit reports within 12 months from each of the three nationwide 

consumer reporting companies. In addition, the consumer reporting companies 

will remove your name from marketing lists for pre-screened credit offers for five 

years – unless you ask them to put your name back on the list before then.

To place either of these alerts on your credit report, you will be required to provide 

appropriate proof of your identity, which may include your SSN, name, address and 

other personal information requested by the consumer reporting company. To remove the fraud alert, you will need a copy of an identity theft report and proof of 

your identity.

When a business sees the alert on your credit report, they must verify your identity 

before issuing you credit. As part of this verification process, the business may try to 

contact you directly. This may cause some delays if you’re trying to obtain credit. 

To compensate for possible delays, you may wish to include a cell phone number, 

where you can be reached easily, in your alert. Remember to keep all contact information in your alert current.
Take Charge: Fighting Back Against Identity Theft 7

2. Close the accounts that you know, or believe, have 

been tampered with or opened fraudulently.

Call and speak with someone in the security or fraud department of each 

company. Follow up in writing, and include copies (NOT originals) of 

supporting documents. It’s important to notify credit card companies and banks 

in writing. Send your letters by certified mail, return receipt requested, so 

you can document what the company received and when. Keep a file of 

your correspondence and enclosures.

When you open new accounts, use new Personal Identification Numbers 

(PINs) and passwords. 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. 

If the identity thief has made charges or debits on your accounts, or on 

fraudulently opened accounts, ask the company for the forms to dispute 

those transactions: 

• For charges and debits on existing accounts, ask the representative to send 

you the company’s fraud dispute forms. If the company doesn’t have special 

forms, use the sample letter on page 20 to dispute the fraudulent charges or 

debits. In either case, write to the company at the address given for 

“billing inquiries,” NOT the address for sending your payments. 

• For new unauthorized accounts, ask if the company accepts the ID Theft 

Affidavit (see page 37). If not, ask the representative to send you the 

company’s fraud dispute forms. 

If the company already has reported these accounts or debts on your credit 

report, dispute this fraudulent information. See Correcting Credit Reports, 

page 17 to learn how.

Once you have resolved your identity theft dispute with the company, ask for 

a letter stating that the company has closed the disputed accounts and has 

discharged the fraudulent debts. This letter is your best proof if errors 

relating to this account reappear on your credit report or you are contacted 

again about the fraudulent debt. 
8 Take Charge: Fighting Back Against Identity Theft

3. File a report with your local police or the police in 

the community where the identity theft took place. 

Then, get a copy of the police report or at the very least, the number of the 

report. It can help you deal with creditors who need proof of the crime. 

If the police are reluctant to take your report, ask to file a “Miscellaneous 

Incidents” report, or try another jurisdiction, like your state police. You 

also can check with your state Attorney General’s office to find out if state law 

requires the police to take reports for identity theft. Check the Blue Pages 

of your telephone directory for the phone number or check www.naag.org 

for a list of state Attorneys General.

4. File a complaint with the Federal Trade Commission.

By sharing your identity theft complaint with the FTC, you will provide 

important information that can help law enforcement officials across the 

nation track down identity thieves and stop them. The FTC can refer victims’ 

complaints to other government agencies and companies for further action, 

as well as investigate companies for violations of laws the agency enforces.

Proving You’re a Victim

Applications or other transaction records related to the theft of your identity may 

help you prove that you are a victim. For example, you may be able to show that the 

signature on an application is not yours. These documents also may contain information about the identity thief that is valuable to law enforcement. By law, companies 

must give you a copy of the application or other business transaction records relating 

to your identity theft if you submit your request in writing. Be sure to ask the company 

representative where you should mail your request. Companies must provide these 

records at no charge to you within 30 days of receipt of your request and your supporting documents. You also may give permission to any law enforcement agency to 

get these records, or ask in your written request that a copy of these records be sent 

to a particular law enforcement officer.

The company can ask you for:

• proof of your identity. This may be a photocopy of a government-issued ID card, the 

same type of information the identity thief used to open or access the account, or 

the type of information the company usually requests from applicants or customers, 

and 

• a police report and a completed affidavit, which may be the Identity Theft Affidavit 

(see page 37) or the company’s own affidavit. 
Take Charge: Fighting Back Against Identity Theft 9

You can file a complaint online at www.ftc.gov/idtheft. If you 

don’t have Internet access, call the FTC’s Identity Theft Hotline, toll-free: 

1-877-IDTHEFT (1-877-438-4338); TTY: 1-866-653-4261; or write: Identity Theft 

Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, 

Washington, DC 20580.

Be sure to call the Hotline to update your complaint if you have any additional 

information or problems.

The Identity Theft Report

An identity theft report may have two parts:

Part One is a copy of a report filed with a local, state, or federal law enforcement 

agency, like your local police department, your State Attorney General, the 

FBI, the U.S. Secret Service, the FTC, and the U.S. Postal Inspection Service. 

There is no federal law requiring a federal agency to take a report about 

identity theft; however, some state laws require local police departments to 

take reports. When you file a report, provide as much information as you can 

about the crime, including anything you know about the dates of the identity 

theft, the fraudulent accounts opened, and the alleged identity thief. 

Note: Knowingly submitting false information could subject you to criminal 

prosecution for perjury.

Part Two of an identity theft report depends on the policies of the consumer 

reporting company and the information provider (the business that sent the 

information to the consumer reporting company). That is, they may ask you to 

provide information or documentation in addition to that included in the law 

enforcement report which is reasonably intended to verify your identity theft. 

They must make their request within 15 days of receiving your law enforcement 

report, or, if you already obtained an extended fraud alert on your credit 

report, the date you submit your request to the credit reporting company for 

information blocking. The consumer reporting company and information 

provider then have 15 more days to work with you to make sure your identity 

theft report contains everything they need. They are entitled to take five days 

to review any information you give them. For example, if you give them information 11 days after they request it, they do not have to make a final decision 

until 16 days after they asked you for that information. If you give them any 

information after the 15-day deadline, they can reject your identity theft report 

as incomplete; you will have to resubmit your identity theft report with the 

correct information. 
10 Take Charge: Fighting Back Against Identity Theft

You may find that most federal and state agencies, and some local police 

departments, offer only “automated” reports – a report that does not require 

a face-to-face meeting with a law enforcement officer. Automated reports may 

be submitted online, or by telephone or mail. If you have a choice, do not 

use an automated report. The reason? It’s more difficult for the consumer 

reporting company or information provider to verify the information. 

Unless you are asking a consumer reporting company to place an extended 

fraud alert on your credit report, you probably will have to provide additional 

information or documentation when you use an automated report. 

Tips For Organizing Your Case

Accurate and complete records will help you to resolve your identity theft case more 

quickly.

• Have a plan when you contact a company. Don’t assume that the person you talk to

will give you all the information or help you need. Prepare a list of questions to ask the 

representative, as well as information about your identity theft. Don’t end the call until 

you’re sure you understand everything you’ve been told. If you need more help, ask 

to speak to a supervisor.

• Write down the name of everyone you talk to, what he or she tells you, and the date

the conversation occurred. Use Chart Your Course of Action on page 11 to help you. 

• Follow up in writing with all contacts you’ve made on the phone or in person. Use

certified mail, return receipt requested, so you can document what the company or 

organization received and when. 

• Keep copies of all correspondence or forms you send.

• Keep the originals of supporting documents, like police reports and letters to and from

creditors; send copies only. 

• Set up a filing system for easy access to your paperwork.

• Keep old files even if you believe your case is closed. Once resolved, most cases stay

resolved, but problems can crop up. 
Consumer 

ReportingCompany

Equifax

NATIONWIDE CONSUMER REPORTING COMPANIES — REPORT FRAUDCHART YOUR COURSE OF ACTIONUse this form to record the steps you’ve taken to report the fraudulent use of your identity. Keep this list in a safe place for reference.ExperianTransUnion

1.800.525.62851.888.EXPERIAN (397.3742)

1.800.680.7289

PhoneNumber

DateContacted

Contact

Person Comments

BANKS, CREDIT CARD ISSUERS AND OTHER CREDITORS (Contact each creditor promptly to protect your legal rights.)

Address andPhone Number

DateContacted

ContactPerson Comments Creditor

LAW ENFORCEMENT AUTHORITIES — REPORT IDENTITY THEFT

PhoneNumber

DateContacted

Agency/Department

ContactPerson Comments Report Number
12 Take Charge: Fighting Back Against Identity Theft

I received a copy of my credit report and saw about a half a dozen items that 

I didn’t know anything about. It’s affected my credit rating so badly that I 

couldn’t get a student loan. I didn’t realize there was a problem until my 

student loan application was denied.

 From a consumer’s complaint to the FTC, May 25, 2004

RESOLVING SPECIFIC PROBLEMS

While dealing with problems resulting from identity theft can be time-consuming 

and frustrating, most victims can resolve their cases by being assertive, organized, 

and knowledgeable about their legal rights. Some laws require you to notify 

companies within specific time periods. Don’t delay in contacting any companies 

to deal with these problems, and ask for supervisors if you need more help 

than you’re getting.

Bank Accounts and Fraudulent Withdrawals

Different laws determine your legal remedies based on the type of bank fraud 

you have suffered. For example, state laws protect you against fraud committed 

by a thief using paper documents, like stolen or counterfeit checks. But if the 

thief used an electronic fund transfer, federal law applies. Many transactions 

may seem to be processed electronically but are still considered “paper” 

transactions. If you’re not sure what type of transaction the thief used to 

commit the fraud, ask the financial institution that processed the transaction. 
Take Charge: Fighting Back Against Identity Theft 13

Fraudulent Electronic Withdrawals

The Electronic Fund Transfer Act provides consumer protections for transactions 

involving an ATM or debit card, or another electronic way to debit or credit an 

account. It also limits your liability for unauthorized electronic fund transfers.

You have 60 days from the date your bank account statement is sent to you 

to report in writing any money withdrawn from your account without your 

permission. This includes instances when your ATM or debit card is “skimmed” 

– that is, when a thief captures your account number and PIN 

without your card having been lost or stolen.

If your ATM or debit card is lost or stolen, report it immediately because the 

amount you can be held responsible for depends on how quickly you report 

the loss. 

• If you report the loss or theft within two business days of discovery, your 

losses are limited to $50. 

• If you report the loss or theft after two business days, but within 60 days after 

the unauthorized electronic fund transfer appears on your statement, you 

could lose up to $500 of what the thief withdraws. 

• If you wait more than 60 days to report the loss or theft, you could lose all the 

money that was taken from your account after the end of the 60 days. 

Note: Most card issuers voluntarily have agreed to limit or waive consumers’ 

liability for unauthorized use of their debit cards, no matter how much time 

has elapsed since the discovery of the loss or theft of the card. Contact your 

card issuer for more information.

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 receiving your notification about an error on your statement, the institution 

generally has 10 business days to investigate. The 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 it 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. For more information, see Electronic 

Banking and Credit, ATM and Debit Cards: What To Do If They’re Lost or Stolen 

at www.ftc.gov/idtheft. 
14 Take Charge: Fighting Back Against Identity Theft

Fraudulent Checks and Other “Paper” Transactions

In general, if an identity thief steals your checks or counterfeits checks from 

your existing bank account, stop payment, close the account, and ask your 

bank to notify Chex Systems, Inc., (contact information on page 15) or the 

check verification service with which it does business. That way, retailers can 

be notified not to accept these checks. While no federal law limits your losses 

if someone uses your checks with a forged signature, or uses another type of 

“paper” transaction such as a demand draft, state laws may protect you. Most 

states hold the bank responsible for losses from such transactions. At the same 

time, 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.

You can contact major check verification companies directly for the 

following services:

• To request that they notify retailers who use their databases not to accept 

your checks, call: 

4 TeleCheck at 1-800-710-9898 or 1-800-927-0188

4 Certegy, Inc. (previously Equifax Check Systems) at 1-800-437-5120 

• To find out if the identity thief has been passing bad checks in your name, call: 

4 SCAN: 1-800-262-7771 

If your checks are rejected by a merchant, it may be because an identity thief 

is using the Magnetic Information Character Recognition (MICR) code (the 

numbers at the bottom of checks), your driver’s license number, or another 

identification number. The merchant who rejects your check should give you 

its check verification company contact information so you can find out what 

information the thief is using. If you find that the thief is using your MICR 

code, ask your bank to close your checking account, and open a new one. 

If you discover that the thief is using your driver’s license number or some 

other identification number, work with your DMV or other identification 

issuing agency to get new identification with new numbers. Once you have 

taken the appropriate steps, your checks should be accepted. 

Note:

• The check verification company may or may not remove the information 

about the MICR code or the driver’s license/identification number from 

its database because this information may help prevent the thief from 

continuing to commit fraud.

• If the checks are being passed on a new account, contact the bank to close 

the account. Also contact Chex Systems, Inc., to review your consumer report 

to make sure that no other bank accounts have been opened in your name.
Take Charge: Fighting Back Against Identity Theft 15

• Dispute any bad checks passed in your name with merchants so they don’t 

start any collections actions against you.

Fraudulent New Accounts

If you have trouble opening a new checking account, it may be because an 

identity thief has been opening accounts in your name. Chex Systems, Inc., 

produces consumer reports specifically about checking accounts, and as a 

consumer reporting company, is subject to the Fair Credit Reporting Act. 

You can request a free copy of your consumer report by contacting Chex 

Systems, Inc. If you find inaccurate information on your consumer report, 

follow the procedures under Correcting Credit Reports (see page 17) to 

dispute it. Contact each of the banks where account inquiries were made, 

too. This will help ensure that any fraudulently opened accounts are closed. 

Chex Systems, Inc.: 1-800-428-9623; www.chexhelp.com

Fax: 602-659-2197

Chex Systems, Inc. 

Attn: Consumer Relations

7805 Hudson Road, Suite 100

Woodbury, MN 55125

Where to Find Help

If you have trouble getting a financial institution to help you resolve your 

banking-related identity theft problems, including problems with bank-issued 

credit cards, contact the agency that oversees your bank (see list below). 

If you’re not sure which of these agencies is the right one, call your bank 

or visit the National Information Center of the Federal Reserve System at 

www.ffiec.gov/nicpubweb/nicweb/nichome.aspx and click on “Institution 

Search.”

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 toll-free: 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

• A Crook Has Drained Your Account. Who Pays? 

www.fdic.gov/consumers/consumer/news/cnsprg98/crook.html

• Your Wallet: A Loser’s Manual 

www.fdic.gov/consumers/consumer/news/cnfall97/wallet.html
16 Take Charge: Fighting Back Against Identity Theft

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 Reserve Banks are located in Boston, 

New York, 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 toll-free: 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/chckfrd.pdf

• How to Avoid Becoming a Victim of Identity Theft 

www.occ.treas.gov/idtheft.pdf

• Identity Theft and Pretext Calling Advisory Letter 2001-4 

www.occ.treas.gov/ftp/advisory/2001-4.doc

Office of Thrift Supervision (OTS) – www.ots.treas.gov

The OTS is the primary regulator of all federal, and many state-chartered, 

thrift institutions, including savings banks and savings and loan institutions. 

Call: 202-906-6000; or write: Office of Thrift Supervision, 1700 G Street, NW, 

Washington, DC 20552. 
Take Charge: Fighting Back Against Identity Theft 17

Bankruptcy Fraud

U. S. Trustee (UST) – www.usdoj.gov/ust

If you believe someone has filed for bankruptcy in your name, write to the U.S. 

Trustee in the region where the bankruptcy was filed. A list of the U.S. Trustee 

Programs’ Regional Offices is available on the UST website, or check the Blue 

Pages of your phone book under U.S. Government Bankruptcy Administration. 

In your letter, describe the situation and provide proof of your identity. The 

U.S. Trustee will make a criminal referral to 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. When 

you or your attorney ask the bankruptcy court to dismiss the fraudulently filed 

bankruptcy case, you also should request that the bankruptcy court include 

in its order of dismissal facts that will help you repair your credit, including a 

statement that you did not file this bankruptcy case and that the case was filed 

by an imposter as the result of identity theft. Ask the bankruptcy court to send 

a copy of the dismissal order to each consumer reporting company; if the court 

will not do so, you should send the order to the consumer reporting companies yourself. Some courts will even provide you with several official copies of 

the order at no charge so that you can send them to creditors or use them in 

case of future problems. The U.S. Trustee does not provide consumers with 

copies of court documents. You can get them from the bankruptcy clerk’s office for a fee.

Correcting Fraudulent Information in Credit Reports

The Fair Credit Reporting Act (FCRA) establishes procedures for correcting 

fraudulent information on your credit report and requires that your report be 

made available only for certain legitimate business needs. 

Under the FCRA, both the consumer reporting company and the information 

provider (the business that sent the information to the consumer reporting 

company), such as a bank or credit card company, are responsible for correcting 

fraudulent information in your report. To protect your rights under the law, 

contact both the consumer reporting company and the information provider.

Consumer Reporting Company Obligations

Consumer reporting companies will block fraudulent information from 

appearing on your credit report if you take the following steps: Send them a 

copy of an identity theft report (see page 9) and a letter telling them what 

information is fraudulent. The letter also should state that the information 

does not relate to any transaction that you made or authorized. In addition, 

provide proof of your identity that may include your SSN, name, address, and 

other personal information requested by the consumer reporting company. 
18 Take Charge: Fighting Back Against Identity Theft

The consumer reporting company has four business days to block the fraudulent 

information after accepting your identity theft report. It also must tell the information provider that it has blocked the information. The consumer reporting company may refuse to block the information or remove the block if, for 

example, you have not told the truth about your identity theft. If the consumer 

reporting company removes the block or refuses to place the block, it must let 

you know. 

The blocking process is only one way for identity theft victims to deal with 

fraudulent information. There’s also the “reinvestigation process,” which was 

designed to help all consumers dispute errors or inaccuracies on their credit 

reports. For more information on this process, see How to Dispute Credit Report 

Errors and Your Access to Free Credit Reports, two publications from the FTC at 

www.ftc.gov/idtheft.

Date

Your Name

Your Address

Your City, State, Zip Code

Complaint Department

Name of Consumer Reporting Company

Address

City, State, Zip Code

Dear Sir or Madam:

I am a victim of identity theft. I am writing to request that you block the 

following fraudulent information in my file. This information does not 

relate to any transaction that I have made. The items also are circled on 

the attached copy of the report I received. (Identify item(s) to be blocked 

by name of source, such as creditors or tax court, and identify type of item, 

such as credit account, judgment, etc.)

Enclosed is a copy of the law enforcement report regarding my identity 

theft. Please let me know if you need any other information from me to 

block this information on my credit report. 

Sincerely,

Your name

Enclosures: (List what you are enclosing.)

Sample Blocking Letter – Consumer Reporting Company
Take Charge: Fighting Back Against Identity Theft 19

Information Provider Obligations

Information providers stop reporting fraudulent information to the consumer 

reporting companies once you send them an identity theft report and a letter 

explaining that the information they’re reporting resulted from identity theft. 

But you must send your identity theft report and letter to the address specified 

by the information provider. Note that the information provider may continue 

to report the information if it later learns that the information does not result 

from identity theft.

If a consumer reporting company tells an information provider that it has 

blocked fraudulent information in your credit report, the information provider 

may not continue to report that information to the consumer reporting company. 

The information provider also may not hire someone to collect the debt that 

relates to the fraudulent account, or sell that debt to anyone else who would 

try to collect it.

Credit Cards 

The Fair Credit Billing Act establishes procedures for resolving billing errors 

on your credit card accounts, including fraudulent charges on your accounts. 

The law also limits your liability for unauthorized credit card charges to $50 

per card. 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. A sample letter is on page 20. 

• send your letter so that it reaches the creditor within 60 days after the first 

bill containing the error was mailed to you. If an identity thief changed the 

address on your account and you didn’t receive the bill, your dispute letter 

still must reach the creditor within 60 days of when the creditor would have 

mailed the bill. This is one reason it’s essential to keep track of your billing 

statements, and follow up quickly if your bills don’t arrive on time.

You should send your letter by certified mail, and request a return receipt. 

It becomes your proof of the date the creditor received the letter. Include 

copies (NOT originals) of your police report 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 publications from the FTC at www.ftc.gov/idtheft. 
20 Take Charge: Fighting Back Against Identity Theft

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 fraudulent (charge or debit) on my account in the 

amount of $______. I am a victim of identity theft, and I did not make this 

(charge or debit). I am requesting that the (charge be removed or the debit 

reinstated), that any finance and other charges related to the fraudulent 

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 a police report) supporting my position. Please investigate this matter 

and correct the fraudulent (charge or debit) as soon as possible.

Sincerely,

Your name

Enclosures: (List what you are enclosing.)

Criminal Violations

Procedures to correct your record within criminal justice databases can vary 

from state to state, and even from county to county. Some states have enacted 

laws with special procedures for identity theft victims to follow to clear their 

names. You should check with the office of your state Attorney General, but 

you can use the following information as a general guide.

If wrongful criminal violations are attributed to your name, contact the police 

or sheriff’s department that originally arrested the person using your identity, 

or the court agency that issued the warrant for the arrest. File an impersonation 

report with the police/sheriff’s department or the court, and confirm your 

identity: Ask the police department to take a full set of your fingerprints, 

Sample dispute Letter – for existing accounts
Take Charge: Fighting Back Against Identity Theft 21

photograph you, and make a copies of your photo identification documents, like 

your driver’s license, passport, or travel visa. To establish your innocence, ask 

the police to compare the prints and photographs with those of the imposter. 

If the arrest warrant is from a state or county other than where you live, ask 

your local police department to send the impersonation report to the police 

department in the jurisdiction where the arrest warrant, traffic citation, or 

criminal conviction originated.

 The law enforcement agency should then recall any warrants and issue a 

“clearance letter” or “certificate of release” (if you were arrested/booked). 

You’ll need to keep this document with you at all times in case you’re wrongly 

arrested again. Ask the law enforcement agency to file the record of the follow-up 

investigation establishing your innocence with the district attorney’s (D.A.) 

office and/or court where the crime took place. This will result in an amended 

complaint. Once your name is recorded in a criminal database, it’s unlikely 

that it will be completely removed from the official record. Ask that the “key 

name” or “primary name” be changed from your name to the imposter’s name 

(or to “John Doe” if the imposter’s true identity is not known), with your name 

noted as an alias.

You’ll also want to clear your name in the court records. To do so, you’ll need 

to determine which state law(s) will help you with this and how. If your state 

has no formal procedure for clearing your record, contact the D.A.’s office in 

the county where the case was originally prosecuted. Ask the D.A.’s office for 

the appropriate court records needed to clear your name. You may need to 

hire a criminal defense attorney to help you clear your name. Contact Legal 

Services in your state or your local bar association for help in finding an attorney.

Finally, contact your state Department of Motor Vehicles (DMV) to find out if 

your driver’s license is being used by the identity thief. Ask that your files be 

flagged for possible fraud.

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, even if those bills don’t result from identity theft. 

You can stop a debt collector from contacting you in two ways:

• Write 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. 
22 Take Charge: Fighting Back Against Identity Theft

• Send a letter to the collection agency, within 30 days after you received written 

notice of the debt, telling them that you do not owe the money. Include 

copies of documents that support your position. Including a copy (NOT 

original) of your police report may be useful. In this case, a collector can 

renew collection activities only if it sends you proof of the debt.

If you don’t have documentation to support your position, be as specific as 

possible about why the debt collector is mistaken. The debt collector is responsible 

for sending you proof that you’re wrong. For example, if the debt you’re 

disputing originates from a credit card you never applied for, ask for a copy 

of the application with the applicant’s signature. Then, you can prove that

it’s not your signature.

If you tell the debt collector that you are a victim of identity theft and it is 

collecting the debt for another company, the debt collector must tell that 

company that you may be a victim of identity theft.

While you can stop a debt collector from contacting you, that won’t get rid 

of the debt itself. To dispute the debt, it’s important to contact the company that 

originally opened the account, otherwise that company may send it to a different 

debt collector, report it on your credit report, or initiate a lawsuit to collect 

on the debt.

For more information, see Fair Debt Collection, a publication from the FTC 

at www.ftc.gov/idtheft.

Driver’s License

If you think 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 state DMV. If your state uses your 

SSN as your driver’s license number, ask to substitute another number.

Investment Fraud

U.S. Securities and Exchange Commission (SEC) – 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 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 SEC. You can file a 

complaint with the SEC’s Complaint Center at www.sec.gov/complaint.shtml. 

Include as much detail as possible. If you don’t have Internet access, write to 

the SEC at: SEC Office of Investor Education and Assistance, 100 F Street, NE, 

Washington, DC 20549. For answers to general questions, call 202-551-6551.
Take Charge: Fighting Back Against Identity Theft 23

Mail Theft

U.S. Postal Inspection Service (USPIS) – 

postalinspectors.uspic.gov

The USPIS is the law enforcement arm of the U.S. Postal Service, and investigates 

cases of identity theft. The USPIS has primary jurisdiction in all matters infringing 

on the integrity of the U.S. mail. If an identity thief has stolen your mail to get 

new credit cards, bank or credit card statements, pre-screened credit offers, 

or tax information, or has falsified change-of-address forms or obtained your 

personal information through a fraud conducted by mail, report it to your 

local postal inspector. 

You can locate the USPIS district office nearest you by calling your local 

post office, checking the Blue Pages of your telephone directory, or visiting 

www.usps.gov/websites/depart/inspect.

Passport Fraud

United States Department of State (USDS) – 

www.travel.state.gov/passport/passport_1738.html

If you’ve lost your passport, or believe it was stolen or is being used fraudulently, 

contact the USDS through their website, or call a local USDS field office. Local 

field offices are listed in the Blue Pages of your telephone directory. 

Phone Fraud

If an identity thief has established 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’re having trouble getting fraudulent phone 

charges removed from your account or getting an unauthorized account 

closed, contact the appropriate agency below.

• For local service, contact your state Public Utility Commission.

• For cellular phones and long distance, contact the Federal Communications 

Commission (FCC) at www.fcc.gov. The FCC regulates interstate and 

international communications by radio, television, wire, satellite, and cable. 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 online at www.fcc.gov, 

or e-mail your questions to fccinfo@fcc.gov.
24 Take Charge: Fighting Back Against Identity Theft

Social Security Number Misuse

Social Security Administration (SSA) – www.ssa.gov

If you have specific information of SSN misuse that involves the buying or selling 

of Social Security cards, may be related to terrorist activity, or is designed 

to obtain Social Security benefits, contact the SSA Office of the Inspector 

General. You may file a complaint online at www.socialsecurity.gov/oig, 

call toll-free: 1-800-269-0271, fax: 410-597-0118, or write: SSA Fraud Hotline, 

P.O. Box 17768, Baltimore, MD 21235. 

You also may call SSA toll-free at 1-800-772-1213 to verify the accuracy of 

the earnings reported on your SSN, request a copy of your Social Security 

Statement, or get a replacement SSN card if yours is lost or stolen. Follow 

up in writing. 

SSA publications:

• SSA Fraud Hotline for Reporting Fraud

www.ssa.gov/oig/guidelin.htm

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

www.ssa.gov/pubs/10002.html

• Identity Theft And Your Social Security Number (SSA Pub. No. 05-10064) 

www.ssa.gov/pubs/10064.html

Student Loans

Contact the school or program that opened the student loan to close the 

loan. At the same time, report the fraudulent loan to the U.S. Department of 

Education. Call the Inspector General’s Hotline toll-free at 1-800-MIS-USED; 

visit www.ed.gov/about/offices/list/oig/hotline.html?src=rt; or write: Office of 

Inspector General, U.S. Department of Education, 400 Maryland Avenue, SW, 

Washington, DC 20202-1510.

Tax Fraud

Internal Revenue Service (IRS) – www.treas.gov/irs/ci

The IRS is responsible for administering and enforcing tax laws. Identity fraud 

may occur as it relates directly to your tax records. Visit www.irs.gov and type in 

the IRS key word “Identity Theft” for more information.

If you have an unresolved issue related to identity theft, or you have suffered 

or are about to suffer a significant hardship as a result of the administration 

of the tax laws, visit the IRS Taxpayer Advocate Service website 

www.irs.gov/advocate/ or call toll-free: 1-877-777-4778.
Take Charge: Fighting Back Against Identity Theft 25

If you suspect or know of an individual or company that is not complying with 

the tax law, report it to the Internal Revenue Service Criminal Investigation 

Informant Hotline by calling toll-free: 1-800-829-0433 or visit www.irs.gov

and type in the IRS key word “Tax Fraud.”

For More Information

Federal Trade Commission (FTC) – www.ftc.gov

The FTC wants consumers and businesses to know about the importance 

of personal information privacy. To request free copies of brochures, visit 

www.ftc.gov/idtheft or call 1-877-FTC-HELP (1-877-382-4357).

FTC publications: 

• Deter, Detect, Defend: Fighting Back Against Identity Theft

 www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt01.shtm

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

 www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt07.pdf

• Avoiding Credit and Charge Card Fraud

 www.ftc.gov/bcp/edu/pubs/consumer/credit/cre07.shtm

• Credit, ATM and Debit Cards: What to Do If They’re Lost or Stolen 

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre04.pdf

• Credit Card Loss Protection Offers: They’re a Real Steal 

www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt052.pdf

• Electronic Banking 

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre14.pdf

• Fair Credit Billing 

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre16.pdf

• Debt Collection FAQs: A Guide for Consumers 

 www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.pdf

• How to Dispute Credit Report Errors 

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.pdf

• Your Access to Free Credit Reports 

www.ftc.gov/bcp/edu/pubs/consumer/credit/cre34.pdf
26 Take Charge: Fighting Back Against Identity Theft

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/websites/idtheft.html.

Federal Bureau of Investigation (FBI) – www.fbi.gov 

The FBI, a criminal law enforcement agency, investigates cases of identity theft. 

The FBI recognizes that identity theft is a component of many crimes, including 

bank fraud, mail fraud, wire fraud, bankruptcy fraud, insurance fraud, fraud 

against the government, and terrorism. Local field offices are listed in the Blue 

Pages of your telephone directory. 

U.S. Secret Service (USSS) – www.treas.gov/usss 

The U.S. Secret Service 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.shtml
Take Charge: Fighting Back Against Identity Theft 27

Once resolved, most cases of identity theft stay resolved. But occasionally, some 

victims have recurring problems. To help stay on top of the situation, continue 

to monitor your credit reports and read your financial account statements 

promptly and carefully. You may want to review your credit reports once every 

three months in the first year of the theft, and once a year thereafter. And stay 

alert for other signs of identity theft, like:

• failing to receive bills or other mail. Follow up with creditors if your bills 

don’t arrive on time. A missing bill could mean an identity thief has taken 

over your account and changed your billing address to cover his tracks.

• receiving credit cards that you didn’t apply for.

• being denied credit, or being offered less favorable credit terms, like a high 

interest rate, for no apparent reason.

• getting calls or letters from debt collectors or businesses about merchandise 

or services you didn’t buy.

Getting Your Credit Report

Free Annual Credit Reports

The Fair Credit Reporting Act requires each of the nationwide consumer reporting companies – Equifax, Experian, and TransUnion – to provide you with 

a free copy of your credit report, at your request, once every 12 months.

staying alert
28 Take Charge: Fighting Back Against Identity Theft

To order your free annual report from one or all the national consumer 

reporting companies, visit www.annualcreditreport.com, call toll-free 

1-877-322-8228, or complete the Annual Credit Report Request Form and mail 

it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 

30348-5281. The form is at the back of this booklet, or you can print it from 

www.ftc.gov/credit. Do not contact the three nationwide consumer reporting 

companies individually. They provide free annual credit reports only through 

www.annualcreditreport.com, 1-877-322-8228, and Annual Credit Report 

Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

The FTC advises consumers who order their free annual credit reports online 

to be sure to correctly spell www.annualcreditreport.com, or link to it from the 

FTC’s website to avoid being misdirected to other websites that offer supposedly free reports, but only with the purchase of other products. While consumers may be offered additional products or services while on the authorized 

website, they are not required to make a purchase to receive their free annual 

credit reports.

For more information,

see Your Access to Free Credit Reports,

a publication from the FTC,

at www.ftc.gov/credit.

Other Consumer Rights to Free Reports

Under federal law, you’re entitled to a free report if a company takes adverse 

action against you, such as denying your application for credit, insurance, or 

employment, and you request your report within 60 days of receiving notice 

of the action. The notice will give you the name, address, and phone number 

of the consumer reporting company. You’re also entitled to one free report a 

year if you’re unemployed and plan to look for a job within 60 days; you’re on 

welfare; or your report is inaccurate because of fraud. Otherwise, a consumer 

reporting company may charge you up to $10.50 for another copy of your 

report within a 12-month period.
Take Charge: Fighting Back Against Identity Theft 29

To buy a copy of your report, contact:

• Equifax: 1-800-685-1111; www.equifax.com

• Experian: 1-888-EXPERIAN (1-888-397-3742); www.experian.com

• TransUnion: 1-800-916-8800; www.transunion.com

Under state law, consumers in Colorado, Georgia, Maine, Maryland, Massachusetts, 

New Jersey, and Vermont already have free access to their credit reports.
30 Take Charge: Fighting Back Against Identity Theft

Last week I noticed that I was getting products in the mail that I hadn’t ordered. 

Then I noticed charges on my credit card statement that I hadn’t made. I spent a 

whole day calling the vendors’ numbers listed on my statement to let them know 

someone was using my credit card to make purchases without my permission. 

I don’t know what else this person may be doing with my accounts and/or my 

name, and I’m worried about that.

 From a consumer’s complaint to the FTC, January 7, 2004 

MINIMIZING RECURRENCES

When it comes to identity theft, you can’t control whether you will become a 

victim. But there are certain steps you can take to minimize recurrences.

What To Do Today 

• Place 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. When opening new accounts, you may find that many 

businesses still have a line on their applications for your mother’s maiden 

name. Ask if you can use a password instead.

• Secure personal information in your home, especially if you have roommates, 

employ outside help, or are having work done in your home. 

• Ask about information security procedures in your workplace or at businesses, 

doctor’s offices, or other institutions that collect your personally identifying 
Take Charge: Fighting Back Against Identity Theft 31

information. Find out who has access to your personal information and verify 

that it is handled securely. Ask about the disposal procedures for those records 

as well. Find out if your information will be shared with anyone else. If so, ask 

how your information can be kept confidential.

Active Duty Alerts for Military Personnel

If you are a member of the military and away from your usual duty station, you may 

place an active duty alert on your credit reports to help minimize the risk of identity 

theft while you are deployed. Active duty alerts are in effect on your report for one 

year. If your deployment lasts longer, you can place another alert on your credit 

report. 

When you place an active duty alert, you’ll be removed from the credit reporting 

companies’ marketing list for pre-screened credit card offers for two years unless 

you ask to go back on the list before then.

For contact information for the consumer reporting companies, see page 5. The 

process for getting and removing an alert, and a business’s response to your alert, 

are the same as that for an initial alert (see page 6). You may use a personal representative to place or remove an alert. 

Maintaining Vigilance

• Don’t give out personal information on the phone, through the mail, or on 

the Internet unless you’ve initiated the contact or are sure you know who you’re 

dealing with. Identity thieves are clever, and have posed as representatives of 

banks, Internet service providers (ISPs), and even government agencies to get 

people to reveal their SSN, mother’s maiden name, account numbers, and other 

identifying information. Before you share any personal information, confirm 

that you are dealing with a legitimate organization. Check an organization’s 

website by typing its URL in the address line, rather than cutting and pasting 

it. Many companies post scam alerts when their name is used improperly. 

Or call customer service using the number listed on your account statement 

or in the telephone book. For more information, see How Not to Get Hooked by 

a ‘Phishing’ Scam, a publication from the FTC at www.ftc.gov/idtheft.

• Treat your mail and trash carefully. 

4 Deposit your outgoing mail in post office collection boxes or at your 

local post office, rather than in an unsecured mailbox. Promptly 

remove mail from your mailbox. 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 

or are home to receive it. 
32 Take Charge: Fighting Back Against Identity Theft

4 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, checks and bank statements, expired charge cards that 

you’re discarding, and credit offers you get in the mail. To opt out 

of receiving offers of credit in the mail, call: 1-888-5-OPTOUT 

(1-888-567-8688). The three nationwide consumer reporting 

companies use the same toll-free number to let consumers choose 

not to receive credit offers based on their lists. Note: You will be 

asked to provide your SSN which the consumer reporting companies 

need to match you with your file.

• Don’t carry your SSN card; leave it in a secure place. 

• Give your SSN only when absolutely necessary, and ask to use other types of

identifiers. If your state uses your SSN as your driver’s license number, ask to 

substitute another number. Do the same if your health insurance company 

uses your SSN as your policy number. 

• Carry only the identification information and the credit and debit cards that 

you’ll actually need when you go out.

• Be cautious when responding to promotions. Identity thieves may create 

phony promotional offers to get you to give them your personal information.

• Keep your purse or wallet in a safe place at work; do the same with copies 

of administrative forms that have your sensitive personal information. 

• When ordering new checks, pick them up from the bank instead of having 

them mailed to your home mailbox.

A Special Word About Social Security Numbers

Your employer and financial institutions will need your SSN for wage and tax reporting 

purposes. Other businesses may ask you for your SSN to do a credit check if you are 

applying for a loan, renting an apartment, or signing up for utilities. Sometimes, however, 

they simply want your SSN for general record keeping. If someone asks for your SSN, ask: 

• Why do you need my SSN?

• How will my SSN be used?

• How do you protect my SSN from being stolen?

• What will happen if I don’t give you my SSN?

If you don’t provide your SSN, some businesses may not provide you with the service or 

benefit you want. Getting satisfactory answers to these questions will help you decide 

whether you want to share your SSN with the business. The decision to share is yours. 
Take Charge: Fighting Back Against Identity Theft 33

The Doors and Windows Are Locked, But . . .

You may be careful about locking your doors and windows, and keeping your 

personal papers in a secure place. Depending on what you use your personal 

computer for, an identity thief may not need to set foot in your house to steal 

your personal information. You may store your SSN, financial records, tax 

returns, birth date, and bank account numbers on your computer. These tips 

can help you keep your computer – and the personal information it stores – safe.

• Virus protection software should be updated regularly, and patches for your 

operating system and other software programs should be installed to protect 

against intrusions and infections that can lead to the compromise of your 

computer files or passwords. Ideally, virus protection software should be set to 

automatically update each week. The Windows XP operating system also can 

be set to automatically check for patches and download them to your computer.

• Do not open files sent to you by strangers, or click on hyperlinks or download 

programs from people you don’t know. Be careful about using file-sharing 

programs. Opening a file could expose your system to a computer virus or 

a program known as “spyware,” which could capture your passwords or any 

other information as you type it into your keyboard. For more information, 

see File Sharing: A Fair Share? Maybe Not and Spyware, publications from the 

FTC at www.ftc.gov/idtheft. 

• Use a firewall program, especially if you use a high-speed Internet connection 

like cable, DSL or T-1 that leaves your computer connected to the Internet 24 

hours a day. The firewall program will allow you to stop uninvited access to 

your computer. Without it, hackers can take over your computer, access the 

personal information stored on it, or use it to commit other crimes.

• Use a secure browser – software that encrypts or scrambles information you 

send over the Internet – to guard your online transactions. Be sure your 

browser has the most up-to-date encryption capabilities by using the latest 

version available from the manufacturer. You also can download some 

browsers for free over the Internet. When submitting information, look 

for the “lock” icon on the browser’s status bar to be sure your information 

is secure during transmission. 

• Try not to store financial information on your laptop unless absolutely necessary. 

If you do, use a strong password – a combination of letters (upper and lower 

case), numbers, and symbols. A good way to create a strong password is to 

think of a memorable phrase and use the first letter of each word as your 

password, converting some letters into numbers that resemble letters. For 

example, “I love Felix; he’s a good cat,” would become 1LFHA6c. Don’t use 

an automatic log-in feature that saves your user name and password, and 

always log off when you’re finished. That way, if your laptop is stolen, it’s 

harder for a thief to access your personal information. 
34 Take Charge: Fighting Back Against Identity Theft

• Before you dispose of a computer, delete all the personal information it 

stored. Deleting files using the keyboard or mouse commands or reformatting 

your hard drive may not be enough because the files may stay on the computer’s 

hard drive, where they may be retrieved easily. Use a “wipe” utility program 

to overwrite the entire hard drive.

• Look for website privacy policies. They should answer questions about 

maintaining accuracy, access, security, and control of personal information 

collected by the site, how the information will be used, and whether it will 

be provided to third parties. If you don’t see a privacy policy – or if you 

can’t understand it – consider doing business elsewhere. 

For more information, see Site-Seeing on the Internet: A Traveler’s Guide to Cyberspace, 

a publication from the FTC at www.ftc.gov.
Take Charge: Fighting Back Against Identity Theft 35

It’s The Law

Federal Law

The Identity Theft and Assumption Deterrence Act, enacted by Congress in 

October 1998 (and codified, in part, at 18 U.S.C. §1028) makes identity theft 

a federal crime. 

Under federal criminal law, identity theft takes place when someone “knowingly 

transfers, possesses or uses, without lawful authority, a means of identification 

of another person with the intent to commit, or to aid or abet, or in connection 

with, any unlawful activity that constitutes a violation of federal law, or that 

constitutes a felony under any applicable state or local law.” 

Under this definition, a name or Social Security number 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. 

Violations of the federal crime are investigated by federal law enforcement 

agencies, including the U.S. Secret Service, the FBI, the U.S. Postal Inspection 

Service, and the Social Security Administration’s Office of the Inspector General. 

Federal identity theft cases are prosecuted by the U.S. Department of Justice. 

For the purposes of the law, the FCRA defines identity theft to apply to 

consumers and businesses.

APPENDIX
36 Take Charge: Fighting Back Against Identity Theft

State Laws 

Many states have passed laws making identity theft a crime or providing help 

in recovery from identity theft; others are considering such legislation. Where 

specific criminal identity theft laws do not exist, the practices may be prohibited 

under other laws. Contact your state Attorney General (for a list of state offices, 

visit www.naag.org) or local consumer protection agency for laws related to 

identity theft, or visit www.ftc.gov/idtheft. 
Take Charge: Fighting Back Against Identity Theft 37

Instructions for Completing the 

ID Theft Affidavit

To make certain that you do not become responsible for any debts incurred 

by an identity thief, you must prove to each of the companies where accounts 

were opened in your name that you didn’t create the debt. The ID Theft Affidavit was developed by a group of credit grantors, consumer advocates, and attorneys at the Federal Trade Commission (FTC) for this purpose. Importantly, 

this affidavit is only for use where a new account was opened in your name. If 

someone made unauthorized charges to an existing account, 

call the company for instructions. 

While many companies accept this affidavit, others require that you submit 

more or different forms. Before you send the affidavit, contact each company 

to find out if they accept it. If they do not accept the ID Theft Affidavit, ask 

them what information and/or documentation they require.

You may not need the ID Theft Affidavit to absolve you of debt resulting from 

identity theft if you obtain an Identity Theft Report. We suggest you consider 

obtaining an Identity Theft Report where a new account was opened in your 

name. An Identity Theft Report can be used to (1) permanently block fraudulent information from appearing on your credit report; (2) ensure that debts 

do not reappear on your credit reports; (3) prevent a company from continuing to collect debts or selling the debt to others for collection; and 

(4) obtain an extended fraud alert. 

The ID Theft Affidavit may be required by a company in order for you to obtain applications or other transaction records related to the theft of your identity. These records may help you prove that you are a victim. For example, you 

may be able to show that the signature on an application is not yours. These 

documents also may contain information about the identity thief that is valuable to law enforcement. 

This affidavit has two parts:

•	 Part One — the ID Theft Affidavit — is where you report general information about yourself and the theft.

•	 Part Two — the Fraudulent Account Statement — is where you describe the

fraudulent account(s) opened in your name. Use a separate Fraudulent Account Statement for each company you need to write to.

When you send the affidavit to the companies, attach copies (NOT originals) 

of any supporting documents (for example, driver’s license or police report). 

Before submitting your affidavit, review the disputed account(s) with family 

members or friends who may have information about the account(s) or access 

to them.
38 Take Charge: Fighting Back Against Identity Theft

Complete this affidavit as soon as possible. Many creditors ask that you send it 

within two weeks. Delays on your part could slow the investigation. 

Be as accurate and complete as possible. You may choose not to provide some 

of the information requested. However, incorrect or incomplete information 

will slow the process of investigating your claim and absolving the debt. Print 

clearly.

When you have finished completing the affidavit, mail a copy to each creditor, 

bank, or company that provided the thief with the unauthorized credit, goods, 

or services you describe. Attach a copy of the Fraudulent Account Statement 

with information only on accounts opened at the institution to which you are 

sending the packet, as well as any other supporting documentation you are 

able to provide.

Send the appropriate documents to each company by certified mail, return 

receipt requested, so you can prove that it was received. The companies will 

review your claim and send you a written response telling you the outcome of 

their investigation. Keep a copy of everything you submit. 

If you are unable to complete the affidavit, a legal guardian or someone with 

power of attorney may complete it for you. Except as noted, the information 

you provide will be used only by the company to process your affidavit, investigate the events you report, and help stop further fraud. If this affidavit is 

requested in a lawsuit, the company might have to provide it to the requesting 

party. Completing this affidavit does not guarantee that the identity thief will 

be prosecuted or that the debt will be cleared.

If you haven’t already done so, report the fraud to the following organizations:

1. Any one of the nationwide consumer reporting companies to place a fraud alert on your 

credit report. Fraud alerts can help prevent an identity thief from opening any more accounts in your name. The company you call is required to contact the other two, which 

will place an alert on their versions of your report, too.

• Equifax: 1-800-525-6285; www.equifax.com 

• Experian: 1-888-EXPERIAN (397-3742); www.experian.com 

• TransUnion: 1-800-680-7289; www.transunion.com 

In addition, once you have placed a fraud alert, you’re entitled to order one free credit 

report from each of the three consumer reporting companies, and, if you ask, they will 

display only the last four digits of your Social Security number on your credit reports. 

2. The security or fraud department of each company where you know, or believe, accounts 

have been tampered with or opened fraudulently. Close the accounts. Follow up in writing, 
Take Charge: Fighting Back Against Identity Theft 39

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER

GOVERNMENT AGENCY

and include copies (NOT originals) of supporting documents. It’s important to notify credit card companies and banks in writing. Send your letters by certified mail, 

return receipt requested, so you can document what the company received and 

when. Keep a file of your correspondence and enclosures.

 When you open new accounts, use new Personal Identification Numbers (PINs) 

and passwords. Avoid using easily available information like your mother’s maiden name, your birth date, the last four digits of your Social Security number, your 

phone number, or a series of consecutive numbers.

3. Your local police or the police in the community where the identity theft took 

place. Provide a copy of your ID Theft Complaint filed with the FTC (see below), to 

be incorporated into the police report. Get a copy of the police report or, at the 

very least, the number of the report. It can help you deal with creditors who need 

proof of the crime. If the police are reluctant to take your report, ask to file a 

“Miscellaneous Incidents” report, or try another jurisdiction, like your state police. 

You also can check with your state Attorney General’s office to find out if state 

law requires the police to take reports for identity theft. Check the Blue Pages of 

your telephone directory for the phone number or check www.naag.org for a list 

of state Attorneys General.

4. The Federal Trade Commission. By sharing your identity theft complaint with the 

FTC, you will provide important information that can help law enforcement officials across the nation track down identity thieves and stop them. The FTC also 

can refer victims’ complaints to other government agencies and companies for 

further action, as well as investigate companies for violations of laws that the FTC 

enforces.

 You can file a complaint online at www.ftc.gov/idtheft. If you don’t have Internet 

access, call the FTC’s Identity Theft Hotline, toll-free: 1-877-IDTHEFT (438-4338); 

TTY: 1-866-653-4261; or write: Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580. When you file 

an ID Theft Complaint with the FTC online, you will be given the option to print a 

copy of your ID Theft Complaint. You should bring a copy of the printed ID Theft 

Complaint with you to the police to be incorporated into your police report. The 

ID Theft Complaint, in conjunction with the police report, can create an Identity Theft Report that will help you recover more quickly. The ID Theft Complaint 

provides the supporting details necessary for an Identity Theft Report, which go 

beyond the details of a typical police report.
Victim Information

(1) My full legal name is ______________________________________________________________________

 (First) (Middle) (Last) (Jr., Sr., III)

(2) (If different from above) When the events described in this affidavit took place, I was known as

____________________________________________________________________________________________

(First) (Middle) (Last) (Jr., Sr., III)

(3) My date of birth is ________________________________

 (day/month/year)

(4) My Social Security number is________________________________

(5) My driver’s license or identification card state and number are____________________________

(6) My current address is _____________________________________________________________________

City ______________________________________ State _________________ Zip Code ______________

(7) I have lived at this address since ____________________

 (month/year)

 (month/year) (month/year)

(8) (If different from above) When the events described in this affidavit took place, my address was

_____________________________________ ___________________________________________________

City ________________________________________ State _________________ Zip Code ______________

(9) I lived at the address in Item 8 from _________________________ until _________________________

 (10) My daytime telephone number is (__________)____________________________

My evening telephone number is (__________)____________________________

ID Theft Affidavit

Name ______________________________________________ Phone number _______________________ Page 1

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER

GOVERNMENT AGENCY
Name ______________________________________________ Phone number _______________________ Page 2

How the Fraud Occurred

Check all that apply for items 11 - 17:

(11) I did not authorize anyone to use my name or personal information to seek the money,

credit, loans, goods or services described in this report.

(12) I did not receive any benefit, money, goods or services as a result of the events described

in this report.

(13) My identification documents (for example, credit cards; birth certificate; driver’s license;

Social Security card; etc.) were stolen lost on or about ________________________.

 (day/month/year)

(14) To the best of my knowledge and belief, the following person(s) used my information

(for example, my name, address, date of birth, existing account numbers, Social Security

number, mother’s maiden name, etc.) or identification documents to get money, credit,

loans, goods or services without my knowledge or authorization:

_______________________________________

Name (if known)

_______________________________________

Address (if known)

_______________________________________

Phone number(s) (if known)

_______________________________________

Additional information (if known)

_______________________________________

Name (if known)

_______________________________________

Address (if known)

_______________________________________

Phone number(s) (if known)

_______________________________________

Additional information (if known)

(15) I do NOT know who used my information or identification documents to get money,

credit, loans, goods or services without my knowledge or authorization.

(16) Additional comments: (For example, description of the fraud, which documents or

information were used or how the identity thief gained access to your information.)

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

_______________________________________________________________________________________________

(Attach additional pages as necessary.)

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER

GOVERNMENT AGENCY
Name ______________________________________________ Phone number _______________________ Page 3

Victim’s Law Enforcement Actions

(17) (check one) I am am not willing to assist in the prosecution of the person(s) who

committed this fraud.

(18) (check one) I am am not authorizing the release of this information to law

enforcement for the purpose of assisting them in the investigation and prosecution of the

person(s) who committed this fraud.

(19) (check all that apply) I have have not reported the events described in this affidavit

to the police or other law enforcement agency. The police did did not write a

report. In the event you have contacted the police or other law enforcement agency, please

complete the following:

___________________________________ __________________________________________

(Agency #1)

__________________________________ __________________________________________

(Date of report) (Report number, if any)

___________________________________ __________________________________________

(Phone number) (email address, if any)

___________________________________ __________________________________________

(Agency #2)

___________________________________ __________________________________________

(Date of report) (Report number, if any)

___________________________________ __________________________________________

(Phone number) (email address, if any)

Documentation Checklist

Please indicate the supporting documentation you are able to provide to the companies you plan 

to notify. Attach copies (NOT originals) to the affidavit before sending it to the companies.

(20) A copy of a valid government-issued photo-identification card (for example, your driver’s

license, state-issued ID card or your passport). If you are under 16 and don’t have a

photo-ID, you may submit a copy of your birth certificate or a copy of your official school

records showing your enrollment and place of residence.

(21) Proof of residency during the time the disputed bill occurred, the loan was made or the

other event took place (for example, a rental/lease agreement in your name, a copy of a

utility bill or a copy of an insurance bill).

(Officer/Agency personnel taking report)

(Officer/Agency personnel taking report)

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER

GOVERNMENT AGENCY
(22) A copy of the report you filed with the police or sheriff’s department. If you are unable to

obtain a report or report number from the police, please indicate that in Item 19. Some

companies only need the report number, not a copy of the report. You may want to check

with each company.

Signature

_______________________________________________ ____________________________________________

(signature) (date signed)

_______________________________________________

(Notary)

[Check with each company. Creditors sometimes require notarization. If they do not, please have

one witness (non-relative) sign below that you completed and signed this affidavit.]

Witness:

_______________________________________________ ____________________________________________

(signature) (printed name)

 ________________________________________________ ____________________________________________

(date) (telephone number)

Name ______________________________________________ Phone number _______________________ Page 4

I certify that, to the best of my knowledge and belief, all the information on and attached to this

affidavit is true, correct, and complete and made in good faith. I also understand that this affidavit

or the information it contains may be made available to federal, state, and/or local law enforcement

agencies for such action within their jurisdiction as they deem appropriate. I understand that 

knowingly making any false or fraudulent statement or representation to the government may 

constitute a violation of 18 U.S.C. §1001 or other federal, state, or local criminal statutes, and

may result in imposition of a fine or imprisonment or both.

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER

GOVERNMENT AGENCY
I declare (check all that apply):

As a result of the event(s) described in the ID Theft Affidavit, the following account(s) was/were

opened at your company in my name without my knowledge, permission or authorization using

my personal information or identifying documents:

Fraudulent Account Statement

Creditor Name/Address

(the company that opened 

the account or provided the

goods or services)

Account

Number

Type of unauthorized

credit/goods/services

provided by creditor

(if known)

Date

issued or

opened

(if known)

Amount/Value

provided

(the amount

charged or the

cost of the

goods/services)

During the time of the accounts described above, I had the following account open with your company:

Billing name ___________________________________________________________________

Billing address__________________________________________________________________

Account number _______________________________________________________________

Example

Example National Bank

22 Main Street

Columbus, Ohio 22722

01234567-89 auto loan 01/05/2002 $25,500.00

Name ______________________________________________ Phone number _______________________ Page 5

• Make as many copies of this page as you need. Complete a separate page for each

 company you’re notifying and only send it to that company. Include a copy of 

 your signed affidavit.

• List only the account(s) you’re disputing with the company receiving this form. See the 

 example below.

• If a collection agency sent you a statement, letter or notice about the fraudulent

 account, attach a copy of that document (NOT the original).

Completing this Statement

DO NOT SEND AFFIDAVIT TO THE FTC OR ANY OTHER

GOVERNMENT AGENCY

46 Take Charge: Fighting Back Against Identity Theft

the FTC’s Privacy Policy

When you contact the FTC with complaints or requests for information, 

you can do it online at www.ftc.gov/idtheft; by telephone, toll-free at 

1-877-ID-THEFT (1-877-438-4338); or by mail: Federal Trade Commission, 

Identity Theft Clearinghouse, 600 Pennsylvania Avenue, NW, Washington, DC 

20580. Before you contact us, there are a few things you should know.

We enter the information you send into the Identity Theft Clearinghouse, an 

electronic database. The Clearinghouse is a system of records covered under 

the Privacy Act of 1974. In general, the Privacy Act prohibits unauthorized 

disclosures of the records it protects. It also gives individuals the right to 

review records about themselves. Learn more about your Privacy Act rights 

and the FTC’s Privacy Act procedures by contacting the FTC’s Freedom 

of Information Act Office: 202-326-2430; www.ftc.gov/foia/privacy_act.htm.

The information you submit is shared with FTC attorneys and investigators. 

It also may be shared with employees of various federal, state, or local law 

enforcement or regulatory authorities. The FTC also may share your information 

with some private entities, such as consumer reporting companies and any 

companies you may have complained about, where it believes that doing so 

might help resolve 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 some limited circumstances, including requests from 

Congress, the FTC 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 agencies 

and other organizations will not be able to contact you for more information 

to help in identity theft investigations and prosecutions.
February 2006
1-877-ID-THEFT (1-877-438-4338)

ftc.gov/idtheft