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The firm engages in various aspects of consumer litigation resulting in injuries
to consumers and involving unfair trade practices, consumer fraud, civil theft,
deceptive acts and practices, automobile sales fraud, consumer credit, fair debt
collection practices, credit reporting, and other areas of law governing the
relationship with consumers. We both bring and defend consumer class action
litigation in these areas.
We engage in the defense of such claims on behalf of corporate and business
clients.
The contents of this document originated from the FTC, working in connection
with other Government agencies. We reproduce it here, in part, with minor
modifications, as a public service. This document outlines many things you can
do on your own. However, we are available to assist you if you have been the
subject of suspected Identity Theft.
INTRODUCTION
The 1990's spawned a new variety of crooks called identity thieves. Their stock
in trade are your everyday transactions. Each transaction requires you to share
personal information: your bank and credit card account numbers; your income;
your Social Security number (SSN); and your name, address and phone numbers. An
identity thief co-opts some piece of your personal information and appropriates
it without your knowledge to commit fraud or theft. An all-too-common example is
when an identity thief uses your personal information to open a credit card
account in your name.
Can you completely prevent identity theft from occurring? Probably not,
especially if someone is determined to commit the crime. But you can minimize
your risk by managing your personal information wisely, cautiously and with
heightened sensitivity.
The Congress of the United States asked the Federal Trade Commission to provide
information to consumers about identity theft and to take complaints from those
whose identities have been stolen. If you've been a victim of identity theft,
you can call the FTC's Identity Theft Hotline toll-free at 1-877-IDTHEFT
(438-4338). The FTC puts your information into a secure consumer fraud database
and may, in appropriate instances, share it with other law enforcement agencies
and private entities, including any companies about which you may complain.
HOW IDENTITY THEFT OCCURS
Despite your best efforts to manage the flow of your personal information or to
keep it to yourself, skilled identity thieves may use a variety of methods -
low- and hi-tech - to gain access to your data. Here are some of the ways
imposters can get your personal information and take over your identity.
How identity thieves use your personal information:
They call your credit card issuer and, pretending to be you, ask to change the
mailing address on your credit card account. The imposter then runs up charges
on your account. Because your bills are being sent to the new address, it may
take some time before you realize there's a problem.
They open a new credit card account, using your name, date of birth and SSN.
When they use the credit card and don't pay the bills, the delinquent account is
reported on your credit report.
They establish phone or wireless service in your name.
They open a bank account in your name and write bad checks on that account.
They file for bankruptcy under your name to avoid paying debts they've incurred
under your name, or to avoid eviction.
They counterfeit checks or debit cards, and drain your bank account.
They buy cars by taking out auto loans in your name.
MINIMIZE YOUR RISK
While you probably can't prevent identity theft entirely, you can minimize your
risk. By managing your personal information wisely, cautiously and with an
awareness of the issue, you can help guard against identity theft:
Before you reveal any personally identifying information, find out how it will
be used and whether it will be shared with others. Ask if you have a choice
about the use of your information: can you choose to have it kept confidential?
Pay attention to your billing cycles. Follow up with creditors if your bills
don't arrive on time. A missing credit card bill could mean an identity thief
has taken over your credit card account and changed your billing address to
cover his tracks.
Guard your mail from theft. Deposit outgoing mail in post office collection
boxes or at your local post office. Promptly remove mail from your mailbox after
it has been delivered. If you're planning to be away from home and can't pick up
your mail, call the U.S. Postal Service at 1-800-275-8777 to request a vacation
hold. The Postal Service will hold your mail at your local post office until you
can pick it up.
Put passwords on your credit card, bank and phone accounts. Avoid using easily
available information like your mother's maiden name, your birth date, the last
four digits of your SSN or your phone number, or a series of consecutive
numbers.
Minimize the identification information and the number of cards you carry to
what you'll actually need.
Do not give out personal information on the phone, through the mail or over the
Internet unless you have initiated the contact or know who you're dealing with.
Identity thieves may pose as representatives of banks, Internet service
providers and even government agencies to get you to reveal your SSN, mother's
maiden name, financial account numbers and other identifying information.
Legitimate organizations with whom you do business have the information they
need and will not ask you for it.
Keep items with personal information in a safe place. To thwart an identity
thief who may pick through your trash or recycling bins to capture your personal
information, tear or shred your charge receipts, copies of credit applications,
insurance forms, physician statements, bank checks and statements that you are
discarding, expired charge cards and credit offers you get in the mail.
Be cautious about where you leave personal information in your home, especially
if you have roommates, employ outside help or are having service work done in
your home.
Find out who has access to your personal information at work and verify that the
records are kept in a secure location.
Give your SSN only when absolutely necessary. Ask to use other types of
identifiers when possible.
Don't carry your SSN card; leave it in a secure place.
Order a copy of your credit report from each of the three major credit reporting
agencies every year. Make sure it is accurate and includes only those activities
you've authorized. The law allows credit bureaus to charge you up to $8.50 for a
copy of your credit report.
Your credit report contains information on where you work and live, the credit
accounts that have been opened in your name, how you pay your bills and whether
you've been sued, arrested or filed for bankruptcy. Checking your report on a
regular basis can help you catch mistakes and fraud before they wreak havoc on
your personal finances. See "Credit Reports" for details about removing
fraudulent and inaccurate information from your credit report.
SOCIAL SECURITY NUMBERS
Your employer and financial institution will likely need your SSN for wage and
tax reporting purposes. Other private businesses may ask you for your SSN to do
a credit check, such as when you apply for a car loan. Sometimes, however, they
simply want your SSN for general record keeping. You don't have to give a
business your SSN just because they ask for it. If someone asks for your SSN,
ask the following questions:
Why do you need my SSN?
How will my SSN be used?
What law requires me to give you my SSN?
What will happen if I don't give you my SSN?
Sometimes a business may not provide you with the service or benefit you're
seeking if you don?t provide your SSN. Getting answers to these questions will
help you decide whether you want to share your SSN with the business. Remember,
though, that the decision is yours.
CREDIT BUREAUS
Equifax ? www.equifax.com
To order your report, call: 800-685-1111
P.O. Box 740241, Atlanta, GA 30374-0241
To report fraud, call: 800-525-6285
P.O. Box 740241, Atlanta, GA 30374-0241
Experian ? www.experian.com
To order your report, call: 888-EXPERIAN (397-3742)
P.O. Box 2104, Allen TX 75013
To report fraud, call: 888-EXPERIAN (397-3742)
P.O. Box 9532, Allen TX 75013
Trans Union ? www.tuc.com
To order your report, call: 800-916-8800
P.O. Box 1000, Chester, PA 19022
To report fraud, call: 800-680-7289
Fraud Victim Assistance Division
P.O. Box 6790, Fullerton, CA 92634
CHOOSING TO SHARE YOUR PERSONAL INFORMATION ? OR NOT
What happens to the personal information you provide to companies, marketers and
government agencies? They may use your information just to process your order.
They may use it to create a profile about you and then let you know about
products, services or promotions. Or they may share your information with
others. More organizations are offering consumers choices about how their
personal information is used. For example, many let you "opt out" of having your
information shared with others or used for promotional purposes.
You can learn more about the choices you have to protect your personal
information from credit bureaus, state Departments of Motor Vehicles and direct
marketers.
Credit Bureaus
Pre-Screened Credit Offers
If you receive pre-screened credit card offers in the mail (namely, those based
upon your credit data), but don't tear them up after you decide you don't want
to accept the offer, identity thieves may retrieve the offers for their own use
without your knowledge.
To opt out of receiving pre-screened credit card offers, call: 1-888-5-OPTOUT
(1-888-567- 8688). The three major credit bureaus use the same toll-free number
to let consumers choose not to receive pre-screened credit offers.
Marketing Lists
Of the three major credit bureaus, only Experian offers consumers the
opportunity to have their names removed from lists that are used for marketing
and promotional purposes. To have your name removed from Experian's marketing
lists, call 1-800-407-1088.
Departments of Motor Vehicles
Take a look at your driver's license. All the personal information on it-and
more-is on file with your state Department of Motor Vehicles (DMV). A state DMV
may distribute your personal information for law enforcement, court proceedings
and insurance underwriting purposes, but may not distribute it for direct
marketing without your express consent.
Contact your state DMV for more information.
Direct Marketers
The Direct Marketing Association's (DMA) Mail, E-mail and Telephone Preference
Services allow consumers to opt out of direct mail marketing, e-mail marketing
and/or telemarketing solicitations from many national companies. Because your
name will not be on their lists, it also means that these companies can't rent
or sell your name to other companies.
To remove your name from many national direct mail lists, write:
Direct Marketing Association
P.O. Box 9008
Farmingdale, NY 11735-9014
OR
Preference Service Manager
Direct Marketing Association
1120 Avenue of the Amercias
New York, NY 10036-6700
Send via fax to: (212) 790-1427
To remove your e-mail address from many national direct e-mail lists, visit
www.e-mps.org.
To avoid unwanted phone calls from many national marketers, send your name,
address, and telephone number to:
DMA Telephone Preference Service
P.O. Box 9014
Farmingdale, NY 11735-9014
OR
Preference Service Manager
Direct Marketing Association
1120 Avenue of the Americas
New York, NY 10036-6700
Send via fax to: (212) 790-1427
For more information, visit www.the-dma.org.
IF YOU'RE A VICTIM
Sometimes an identity thief can strike even if you've been very careful about
keeping your personal information to yourself. If you suspect that your personal
information has been hijacked and misappropriated to commit fraud or theft, take
action immediately, and keep a record of your conversations and correspondence.
You may want to use the attached form [PDF only]. Exactly which steps you should
take to protect yourself depends on your circumstances and how your identity has
been misused. However, three basic actions are appropriate in almost every case.
Your First Three Steps
First, contact the fraud departments of each of the three major credit bureaus.
Tell them that you're an identity theft victim. Request that a "fraud alert" be
placed in your file, as well as a victim's statement asking that creditors call
you before opening any new accounts or changing your existing accounts. This can
help prevent an identity thief from opening additional accounts in your name.
At the same time, order copies of your credit reports from the credit bureaus.
Credit bureaus must give you a free copy of your report if your report is
inaccurate because of fraud, and you request it in writing. Review your reports
carefully to make sure no additional fraudulent accounts have been opened in
your name or unauthorized changes made to your existing accounts. Also, check
the section of your report that lists "inquiries." Where "inquiries" appear from
the company(ies) that opened the fraudulent account(s), request that these
"inquiries" be removed from your report. (See "Credit Reports" for more
information.) In a few months, order new copies of your reports to verify your
corrections and changes, and to make sure no new fraudulent activity has
occurred.
Second, contact the creditors for any accounts that have been tampered with or
opened fraudulently.
Creditors can include credit card companies, phone companies and other
utilities, and banks and other lenders. Ask to speak with someone in the
security or fraud department of each creditor, and follow up with a letter. It's
particularly important to notify credit card companies in writing because that's
the consumer protection procedure the law spells out for resolving errors on
credit card billing statements. Immediately close accounts that have been
tampered with and open new ones with new Personal Identification Numbers (PINs)
and passwords. Here again, avoid using easily available information like your
mother's maiden name, your birth date, the last four digits of your SSN or your
phone number, or a series of consecutive numbers.
Third, file a report with your local police or the police in the community where
the identity theft took place.
Get a copy of the police report in case the bank, credit card company or others
need proof of the crime. Even if the police can't catch the identity thief in
your case, having a copy of the police report can help you when dealing with
creditors.
Your Next Steps
Although there's no question that identity thieves can wreak havoc on your
personal finances, there are some things you can do to take control of the
situation. For example:
Stolen mail. If an identity thief has stolen your mail to get new credit cards,
bank and credit card statements, pre-screened credit offers or tax information,
or if an identity thief has falsified change-of-address forms, that's a crime.
Report it to your local postal inspector. Contact your local post office for the
phone number for the nearest postal inspection service office or check the
Postal Service web site at www.usps.gov/websites/depart/inspect.
Change of address on credit card accounts. If you discover that an identity
thief has changed the billing address on an existing credit card account, close
the account. When you open a new account, ask that a password be used before any
inquiries or changes can be made on the account. Avoid using easily available
information like your mother's maiden name, your birth date, the last four
digits of your SSN or your phone number, or a series of consecutive numbers.
Avoid using the same information and numbers when you create a PIN.
Bank accounts. If you have reason to believe that an identity thief has tampered
with your bank accounts, checks or ATM card, close the accounts immediately.
When you open new accounts, insist on password-only access to minimize the
chance that an identity thief can violate the accounts.
In addition, if your checks have been stolen or misused, stop payment. Also
contact the major check verification companies to request that they notify
retailers using their databases not to accept these checks, or ask your bank to
notify the check verification service with which it does business.
National Check Fraud Service: 1-843-571-2143
SCAN: 1-800-262-7771
TeleCheck: 1-800-710-9898 or 927-0188
CrossCheck: 1-707-586-0551
Equifax Check Systems: 1-800-437-5120
International Check Services: 1-800-526-5380
If your ATM card has been lost, stolen or otherwise compromised, cancel the card
as soon as you can and get another with a new PIN.
Investments. If you believe that an identity thief has tampered with your
securities investments or a brokerage account, immediately report it to your
broker or account manager and to the Securities and Exchange Commission.
Phone service. If an identity thief has established new phone service in your
name; is making unauthorized calls that seem to come from - and are billed to -
your cellular phone; or is using your calling card and PIN, contact your service
provider immediately to cancel the account and/or calling card. Open new
accounts and choose new PINs.
If you are having trouble getting fraudulent phone charges removed from your
account, contact your state Public Utility Commission for local service
providers or the Federal Communications Commission for long-distance service
providers and cellular providers at www.fcc.gov/ccb/enforce/complaints.html or
1-888-CALL-FCC.
Employment. If you believe someone is using your SSN to apply for a job or to
work, that's a crime. Report it to the SSA's Fraud Hotline at 1-800-269-0271.
Also call SSA at 1-800-772-1213 to verify the accuracy of the earnings reported
on your SSN, and to request a copy of your Social Security Statement. Follow up
your calls in writing.
Driver's license. If you suspect that your name or SSN is being used by an
identity thief to get a driver's license or a non-driver's ID card, contact your
Department of Motor Vehicles. If your state uses your SSN as your driver's
license number, ask to substitute another number.
Bankruptcy. If you believe someone has filed for bankruptcy using your name,
write to the U.S. Trustee in the Region where the bankruptcy was filed. A
listing of the U.S. Trustee Program's Regions can be found at www.usdoj.gov/ust,
or look in the Blue Pages of your phone book under U.S. Government - Bankruptcy
Administration.
Your letter should describe the situation and provide proof of your identity.
The U.S. Trustee, if appropriate, will make a referral to criminal law
enforcement authorities if you provide appropriate documentation to substantiate
your claim. You also may want to file a complaint with the U.S. Attorney and/or
the FBI in the city where the bankruptcy was filed.
Criminal records/arrests. In rare instances, an identity thief may create a
criminal record under your name. For example, your imposter may give your name
when being arrested. If this happens to you, you may need to hire an attorney to
help resolve the problem. The procedures for clearing your name vary by
jurisdiction.
SHOULD I APPLY FOR A NEW SOCIAL SECURITY NUMBER?
Under certain circumstances, SSA may issue you a new SSN - at your request - if,
after trying to resolve the problems brought on by identity theft, you continue
to experience problems. Consider this option carefully. A new SSN may not
resolve your identity theft problems, and may actually create new problems. For
example, a new SSN does not necessarily ensure a new credit record because
credit bureaus may combine the credit records from your old SSN with those from
your new SSN. Even when the old credit information is not associated with your
new SSN, the absence of any credit history under your new SSN may make it more
difficult for you to get credit. And finally, there's no guarantee that a new
SSN wouldn't also be misused by an identity thief.
WHERE THERE'S HELP
The FTC collects complaints about identity theft from consumers who have been
victimized. Although the FTC does not have the authority to bring criminal
cases, the Commission can help victims of identity theft by providing
information to assist them in resolving the financial and other problems that
can result from this crime. The FTC also refers victim complaints to other
appropriate government agencies and private organizations for further action.
If you've been a victim of identity theft, file a complaint with the FTC by
contacting the FTC's Identity Theft Hotline by telephone: toll-free
1-877-IDTHEFT (438-4338); TDD: 202-326-2502; by mail: Identity Theft
Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW,
Washington, DC 20580; or online: www.consumer.gov/idtheft.
Other agencies and organizations also are working to combat identity theft. If
specific institutions and companies are not being responsive to your questions
and complaints, you also may want to contact the government agencies with
jurisdiction over those companies. They are listed in the Resources section of
this booklet.
FEDERAL LAWS
The Federal government and numerous states have passed laws that address the
problem of identity theft.
The Identity Theft and Assumption Deterrence Act, enacted by Congress in October
1998 (and codified, in part, at 18 U.S.C. ? 1028) is the federal law directed at
identity theft.
Violations of the Act are investigated by federal law enforcement agencies,
including the U.S. Secret Service, the FBI, the U.S. Postal Inspection Service
and SSA's Office of the Inspector General. Federal identity theft cases are
prosecuted by the U.S. Department of Justice.
Identity Theft and Assumption Deterrence Act of 1998
The Identity Theft and Assumption Deterrence Act makes it a federal crime when
someone:
"knowingly transfers or uses, without lawful authority, a means of
identification of another person with the intent to commit, or to aid or abet,
any unlawful activity that constitutes a violation of federal law, or that
constitutes a felony under any applicable state or local law."
Note that under the Act, a name or SSN is considered a "means of
identification." So is a credit card number, cellular telephone electronic
serial number or any other piece of information that may be used alone or in
conjunction with other information to identify a specific individual.
In most instances, a conviction for identity theft carries a maximum penalty of
15 years imprisonment, a fine and forfeiture of any personal property used or
intended to be used to commit the crime. The Act also directs the U.S.
Sentencing Commission to review and amend the federal sentencing guidelines to
provide appropriate penalties for those persons convicted of identity theft.
Schemes to commit identity theft or fraud also may involve violations of other
statutes, such as credit card fraud; computer fraud; mail fraud; wire fraud;
financial institution fraud; or Social Security fraud. Each of these federal
offenses is a felony and carries substantial penalties - in some cases, as high
as 30 years in prison, fines and criminal forfeiture.
State Laws Many states have passed laws related to identity theft; others may be
considering such legislation. Where specific identity theft laws do not exist,
the practices may be prohibited under other laws. Contact your State Attorney
General's office or local consumer protection agency to find out whether your
state has laws related to identity theft, or visit www.consumer.gov/idtheft.
State laws that had been enacted at the time of this booklet's publication are
listed below.
Alabama 2001 Al. Pub. Act 312; 2001 Al. SB 144
Alaska 2000 Alaska Sess. Laws 65
ArizonaAriz. Rev. Stat. ? 13-2008
ArkansasArk. Code Ann. ? 5-37-227
California Cal. Penal Code ? 530.5-530.7
Colorado Colo. Rev. Stat. ? 18-5-102
Connecticut1999 Gen. Stat. ? 53(a)-120(a)
Delaware Del. Code Ann. tit. II, ? 854
Florida 2000-Ch0817-Section%20568"Fla. Stat. Ann. ? 817.568
Georgia Ga. Code Ann. ?? 16-9-121
Idaho Idaho Code ? 18-3126
Illinois 720 III. Comp. Stat. 5/16G
Indiana Ind. Code Ann. ? 35-43-5-4 (2000)
Iowa Iowa Code ? 715A.8
KansasKan. Stat. Ann. ? 21-4018
KentuckyKy. Rev. Stat. Ann. ? 514.160
LouisianaLa. Rev. Stat. Ann. ? 14:67.16
Maine Me. Rev. Stat. Ann. ? tit. 17-A, ? 354-2A
MarylandMd. Ann. Code art. 27, ? 231
Massachusetts Mass. Gen. Laws ch. 266, ? 37E
MichiganMich. Comp. Laws ? 750.285
Minnesota Minn. Stat. Ann. ? 609.527
MississippiMiss. Code Ann. ? 97-19-85
Missouri Mo. Rev. Stat. ? 570.223
MontanaH.B. 331, 2001 Leg. (not yet codified)
Nevada Nev. Rev. Stat. ? 205.463-465
New Hampshire N.H. Rev. Stat. Ann. ? 638:26
New Jersey N.J. Stat. Ann. ? 2C:21-17
North Carolina N.C. Gen. Stat. ? 14-113.20
North DakotaN.D.C.C. ? 12.1-23
Ohio Ohio Rev. Code Ann. 2913.49
OklahomaOkla. Stat. tit. 21, ? 1533.1
Oregon Or. Rev. Stat. ? 165.800
Pennsylvania18 Pa. Cons. State ? 4120
Rhode IslandR.I. Gen. Laws ? 11-49.1-1
South Carolina S.C. Code Ann. ? 16-13-500, 501
South DakotaS.D. Codified Laws ? 22-30A-3.1.
TennesseeTenn. Code Ann. ? 39-14-150
Texas Tex. Penal Code ? 32.51
Utah Utah Code Ann. ? 76-6-1101-1104
VirginiaVA. Code Ann. ? 18.2-186.3
Washington Wash. Rev. Code ? 9.35.020 (click on title 9, then chapter 35)
West VirginiaW. Va. Code ? 61-3-54
Wisconsin Wis. Stat. ? 943.201
WyomingWyo. Stat. Ann. ? 6-3-901
Guam 9 Guam Code Ann. ? 46.80
U.S. Virgin Islands 14 VI Code Ann. ?? 3003
RESOLVING CREDIT PROBLEMS
Resolving credit problems resulting from identity theft can be time-consuming
and frustrating. The good news is that there are federal laws that establish
procedures for correcting credit report errors and billing errors, and for
stopping debt collectors from contacting you about debts you don't owe.
Here is a brief summary of your rights, and what to do to clear up credit
problems that result from identity theft.
Credit Reports
The Fair Credit Reporting Act (FCRA) establishes procedures for correcting
mistakes on your credit record and requires that your record be made available
only for certain legitimate business needs.
Under the FCRA, both the credit bureau and the organization that provided the
information to the credit bureau (the "information provider"), such as a bank or
credit card company, are responsible for correcting inaccurate or incomplete
information in your report. To protect your rights under the law, contact both
the credit bureau and the information provider.
First, call the credit bureau and follow up in writing. Tell them what
information you believe is inaccurate. Include copies (NOT originals) of
documents that support your position. In addition to providing your complete
name and address, your letter should clearly identify each item in your report
that you dispute, give the facts and explain why you dispute the information,
and request deletion or correction. You may want to enclose a copy of your
report with circles around the items in question. Your letter may look something
like the sample below. Send your letter by certified mail, and request a return
receipt so you can document what the credit bureau received and when. Keep
copies of your dispute letter and enclosures.
Credit bureaus must investigate the items in question - usually within 30 days -
unless they consider your dispute frivolous. They also must forward all relevant
data you provide about the dispute to the information provider. After the
information provider receives notice of a dispute from the credit bureau, it
must investigate, review all relevant information provided by the credit bureau
and report the results to the credit bureau. If the information provider finds
the disputed information to be inaccurate, it must notify any nationwide credit
bureau that it reports to so that the credit bureaus can correct this
information in your file. Note that:
Disputed information that cannot be verified must be deleted from your file.
If your report contains erroneous information, the credit bureau must correct
it.
If an item is incomplete, the credit bureau must complete it. For example, if
your file shows that you have been late making payments, but fails to show that
you are no longer delinquent, the credit bureau must show that you're current.
If your file shows an account that belongs to someone else, the credit bureau
must delete it.
When the investigation is complete, the credit bureau must give you the written
results and a free copy of your report if the dispute results in a change. If an
item is changed or removed, the credit bureau cannot put the disputed
information back in your file unless the information provider verifies its
accuracy and completeness, and the credit bureau gives you a written notice that
includes the name, address and phone number of the information provider.
If you request, the credit bureau must send notices of corrections to anyone who
received your report in the past six months. Job applicants can have a corrected
copy of their report sent to anyone who received a copy during the past two
years for employment purposes. If an investigation does not resolve your
dispute, ask the credit bureau to include your statement of the dispute in your
file and in future reports.
Second, in addition to writing to the credit bureau, tell the creditor or other
information provider in writing that you dispute an item. Again, include copies
(NOT originals) of documents that support your position. Many information
providers specify an address for disputes. If the information provider then
reports the item to any credit bureau, it must include a notice of your dispute.
In addition, if you are correct - that is, if the disputed information is not
accurate - the information provider may not use it again. For more information,
consult How to Dispute Credit Report Errors and Fair Credit Reporting, two
brochures available from the FTC or at www.consumer.gov/idtheft.
Credit Cards
The Truth in Lending Act limits your liability for unauthorized credit card
charges in most cases to $50 per card. The Fair Credit Billing Act establishes
procedures for resolving billing errors on your credit card accounts.
The Act's settlement procedures apply to disputes about "billing errors." This
includes fraudulent charges on your accounts.
To take advantage of the law's consumer protections, you must:
write to the creditor at the address given for "billing inquiries," not the
address for sending your payments. Include your name, address, account number
and a description of the billing error, including the amount and date of the
error. Your letter may look something like the sample below.
send your letter so that it reaches the creditor within 60 days after the first
bill containing the error was mailed to you. If the address on your account was
changed by an identity thief and you never received the bill, your dispute
letter still must reach the creditor within 60 days of when the creditor would
have mailed the bill. This is why it's so important to keep track of your
billing statements and immediately follow up when your bills don't arrive on
time.
Send your letter by certified mail, and request a return receipt. This will be
your proof of the date the creditor received the letter. Include copies (NOT
originals) of sales slips or other documents that support your position. Keep a
copy of your dispute letter.
The creditor must acknowledge your complaint in writing within 30 days after
receiving it, unless the problem has been resolved. The creditor must resolve
the dispute within two billing cycles (but not more than 90 days) after
receiving your letter.
For more information, see Fair Credit Billing and Avoiding Credit and Charge
Card Fraud, two brochures available from the FTC or at www.consumer.gov/idtheft.
Debt Collectors ?
The Fair Debt Collection Practices Act prohibits debt collectors from using
unfair or deceptive practices to collect overdue bills that a creditor has
forwarded for collection.
You can stop a debt collector from contacting you by writing a letter to the
collection agency telling them to stop. Once the debt collector receives your
letter, the company may not contact you again - with two exceptions: they can
tell you there will be no further contact and they can tell you that the debt
collector or the creditor intends to take some specific action.
A collector also may not contact you if, within 30 days after you receive the
written notice, you send the collection agency a letter stating you do not owe
the money. Although such a letter should stop the debt collector's calls, it
will not necessarily get rid of the debt itself, which may still turn up on your
credit report. In addition, a collector can renew collection activities if you
are sent proof of the debt. So, along with your letter stating you don't owe the
money, include copies of documents that support your position. If you're a
victim of identity theft, including a copy (NOT original) of the police report
you filed may be particularly useful.
For more information, consult Fair Debt Collection, a brochure available from
the FTC or at www.consumer.gov/idtheft
ATM Cards, Debit Cards and Electronic Fund Transfers
The Electronic Fund Transfer Act provides consumer protections for transactions
involving an ATM or debit card or other electronic way to debit or credit an
account. It also limits your liability for unauthorized electronic fund
transfers.
It's important to report lost or stolen ATM and debit cards immediately because
the amount you can be held responsible for depends on how quickly you report the
loss.
If you report your ATM card lost or stolen within two business days of
discovering the loss or theft, your losses are limited to $50.
If you report your ATM card lost or stolen after the two business days, but
within 60 days after a statement showing an unauthorized electronic fund
transfer, you can be liable for up to $500 of what a thief withdraws.
If you wait more than 60 days, you could lose all the money that was taken from
your account after the end of the 60 days and before you report your card
missing.
The best way to protect yourself in the event of an error or fraudulent
transaction is to call the financial institution and follow up in writing - by
certified letter, return receipt requested - so you can prove when the
institution received your letter. Keep a copy of the letter you send for your
records.
After notification about an error on your statement, the institution generally
has 10 business days to investigate. The financial institution must tell you the
results of its investigation within three business days after completing it and
must correct an error within one business day after determining that the error
has occurred. If the institution needs more time, it may take up to 45 days to
complete the investigation - but only if the money in dispute is returned to
your account and you are notified promptly of the credit. At the end of the
investigation, if no error has been found, the institution may take the money
back if it sends you a written explanation.
A Special Word About Lost or Stolen Checks
While no federal law limits your losses if someone steals your checks and forges
your signature, state laws protect you. Most states hold the bank responsible
for losses from a forged check. At the same time, however, most states require
you to take reasonable care of your account. For example, you may be held
responsible for the forgery if you fail to notify the bank in a timely manner
that a check was lost or stolen. Contact your state banking or consumer
protection agency for more information.
Note: VISA and MasterCard voluntarily have agreed to limit consumers' liability
for unauthorized use of their debit cards in most instances to $50 per card, no
matter how much time has elapsed since the discovery of the loss or theft of the
card.
For more information, consult Electronic Banking and Credit and ATM Cards: What
to Do If They're Lost or Stolen, two brochures available from the FTC or at
www.consumer.gov/idtheft.
Sample Dispute Letter ? Credit Bureau
Date
Your Name Your Address Your City, State, Zip Code
Complaint Department Name of Credit Bureau Address City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute the following information in my file. The items I
dispute also are circled on the attached copy of the report I received.
(Identify item(s) disputed by name of source, such as creditors or tax court,
and identify type of item, such as credit account, judgment, etc.)
This item is (inaccurate or incomplete) because (describe what is inaccurate or
incomplete and why). I am requesting that the item be deleted (or request
another specific change) to correct the information.
Enclosed are copies of (use this sentence if applicable and describe any
enclosed documentation, such as payment records, court documents) supporting my
position. Please investigate this (these) matter(s) and (delete or correct) the
disputed item(s) as soon as possible.
Sincerely, Your name
Enclosures: (List what you are enclosing.)
Sample Dispute Letter ? Credit Card Issuers
Date
Your NameYour Address Your City, State, Zip Code Your Account Number
Name of Creditor Billing Inquiries Address City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute a billing error in the amount of $______on my account.
The amount is inaccurate because (describe the problem). I am requesting that
the error be corrected, that any finance and other charges related to the
disputed amount be credited as well, and that I receive an accurate statement.
Enclosed are copies of (use this sentence to describe any enclosed information,
such as sales slips, payment records) supporting my position. Please investigate
this matter and correct the billing error as soon as possible.
Sincerely,
Your name
Enclosures: (List what you are enclosing.) A Special Word About Lost or Stolen
Checks
While no federal law limits your losses if someone steals your checks and forges
your signature, state laws protect you. Most states hold the bank responsible
for losses from a forged check. At the same time, however, most states require
you to take reasonable care of your account. For example, you may be held
responsible for the forgery if you fail to notify the bank in a timely manner
that a check was lost or stolen.
Contact your state banking or consumer protection agency for more information.
RESOURCES
Federal Government
Federal Trade Commission (FTC) ? www.ftc.gov
The FTC is the federal clearinghouse for complaints by victims of identity
theft. Although the FTC does not have the authority to bring criminal cases, the
Commission helps victims of identity theft by providing them with information to
help resolve the financial and other problems that can result from identity
theft. The FTC also may refer victim complaints to other appropriate government
agencies and private organizations for action.
If you've been a victim of identity theft, file a complaint with the FTC by
contacting the FTC's Identity Theft Hotline by telephone: toll-free
1-877-IDTHEFT (438-4338); TDD: 202-326-2502; by mail: Identity Theft
Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW,
Washington, DC 20580; or online: www.consumer.gov/idtheft.
FTC publications:
Avoiding Credit and Charge Card Fraud
Credit and ATM Cards: What to Do If They're Lost or Stolen
Credit Card Loss Protection Offers: They're The Real Steal
Electronic Banking
Fair Credit Billing
Fair Debt Collection
Getting Purse-onal: What To Do If Your Wallet or Purse Is Stolen
How to Dispute Credit Report Errors
Identity Thieves Can Ruin Your Good Name: Tips for Avoiding Identity Theft
Banking Agencies
If you're having trouble getting your financial institution to help you resolve
your banking- related identity theft problems including problems with
bank-issued credit cards contact the agency with the appropriate jurisdiction.
If you're not sure which agency has jurisdiction over your institution, call
your bank or visit www.ffiec.gov/nic/default.htm.
Federal Deposit Insurance Corporation (FDIC) ? www.fdic.gov
The FDIC supervises state-chartered banks that are not members of the Federal
Reserve System and insures deposits at banks and savings and loans.
Call the FDIC Consumer Call Center at 1-800-934-3342; or write: Federal Deposit
Insurance Corporation, Division of Compliance and Consumer Affairs, 550 17th
Street, NW, Washington, DC 20429.
FDIC publications:
Classic Cons... And How to Counter Them
Pretext Calling and Identity Theft
Your Wallet: A Loser's Manual
A Crook Has Drained Your Account. Who Pays?
Federal Reserve System (Fed) ? www.federalreserve.gov
The Fed supervises state-chartered banks that are members of the Federal Reserve
System.
Call: 202-452-3693; or write: Division of Consumer and Community Affairs, Mail
Stop 801, Federal Reserve Board, Washington, DC 20551; or contact the Federal
Reserve Bank in your area. The 12 Reserve Banks are located in Boston, New York
City, Philadelphia, Cleveland, Richmond, Atlanta, Chicago, St. Louis,
Minneapolis, Kansas City, Dallas and San Francisco.
National Credit Union Administration (NCUA) ? www.ncua.gov
The NCUA charters and supervises federal credit unions and insures deposits at
federal credit unions and many state credit unions.
Call: 703-518-6360; or write: Compliance Officer, National Credit Union
Administration, 1775 Duke Street, Alexandria, VA 22314.
Office of the Comptroller of the Currency (OCC) ? www.occ.treas.gov
The OCC charters and supervises national banks. If the word "national" appears
in the name of a bank, or the initials "N.A." follow its name, the OCC oversees
its operations.
Call: 1-800-613-6743 (business days 9:00 a.m. to 4:00 p.m. CST); fax:
713-336-4301; write: Customer Assistance Group, 1301 McKinney Street, Suite
3710, Houston, TX 77010.
OCC publications:
Check Fraud: A Guide to Avoiding Losses
Office of Thrift Supervision (OTS) ? www.ots.treas.gov
The OTS is the primary regulator of all federal and many state-chartered thrift
institutions, which include savings banks and savings and loan institutions.
Call: 202-906-6000; or write: Office of Thrift Supervision, 1700 G Street, NW,
Washington, DC 20552.
Department of Justice (DOJ) ? www.usdoj.gov
The DOJ and its U.S. Attorneys prosecute federal identity theft cases.
Information on identity theft is available at www.usdoj.gov/criminal/fraud/idtheft.html.
Federal Bureau of Investigation (FBI) ? www.fbi.gov
The FBI is one of the federal criminal law enforcement agencies that
investigates cases of identity theft. Local field offices are listed in the Blue
Pages of your telephone directory.
FBI publications:
Protecting Yourself Against Identity Fraud
Federal Communications Commission (FCC) ? www.fcc.gov
The FCC regulates interstate and international communications by radio,
television, wire, satellite and cable. The FCC's Consumer Information Bureau is
the consumer's one-stop source for information, forms, applications and current
issues before the FCC.
Call: 1-888-CALL-FCC; TTY: 1-888-TELL-FCC; or write: Federal Communications
Commission, Consumer Information Bureau, 445 12th Street, SW, Room 5A863,
Washington, DC 20554. You can file complaints via the online complaint form at
www.fcc.gov, or e-mail questions to fccinfo@fcc.gov.
Internal Revenue Service (IRS) ? www.treas.gov/irs/ci
The IRS is responsible for administering and enforcing the internal revenue
laws. If you believe someone has assumed your identity to file federal Income
Tax Returns, or to commit other tax fraud, call toll-free: 1-800-829-0433. For
assistance to victims of identity theft schemes who are having trouble filing
their correct returns, call the IRS Taxpayer Advocates Office, toll-free:
1-877-777- 4778.
U.S. Secret Service (USSS) ? www.treas.gov/usss
The U.S. Secret Service is one of the federal law enforcement agencies that
investigates financial crimes, which may include identity theft. Although the
Secret Service generally investigates cases where the dollar loss is
substantial, your information may provide evidence of a larger pattern of fraud
requiring their involvement. Local field offices are listed in the Blue Pages of
your telephone directory.
Financial Crimes Division
Frequently Asked Questions: Protecting Yourself
Social Security Administration (SSA) ? www.ssa.gov
SSA may assign you a new SSN - at your request - if you continue to experience
problems even after trying to resolve the problems resulting from identity
theft. SSA field office employees work closely with victims of identity theft
and third parties to collect the evidence needed to assign a new SSN in these
cases.
SSA Office of the Inspector General (SSA/OIG) The SSA/OIG is one of the federal
law enforcement agencies that investigates cases of identity theft.
Direct allegations that an SSN has been stolen or misused to the SSA Fraud
Hotline. Call: 1-800- 269-0271; fax: 410-597-0118; write: SSA Fraud Hotline,
P.O. Box 17768, Baltimore, MD 21235; or e-mail: oig.hotline@ssa.gov
SSA publications:
SSA Fraud Hotline for Reporting Fraud
Social Security: Your Number and Card (SSA Pub. No. 05-10002)
U.S. Postal Inspection Service (USPIS) ? www.usps.gov/websites/depart/inspect
The USPIS is one of the federal law enforcement agencies that investigates cases
of identity theft. USPIS is the law enforcement arm of the U.S. Postal Service.
USPIS has primary jurisdiction in all matters infringing on the integrity of the
U.S. mail. You can locate the USPIS district office nearest you by calling your
local post office or checking the list at the web site above.
U.S. Securities and Exchange Commission (SEC) ? www.sec.gov
The SEC's Office of Investor Education and Assistance serves investors who
complain to the SEC about investment fraud or the mishandling of their
investments by securities professionals. If you've experienced identity theft in
connection with a securities transaction, write: SEC, 450 Fifth Street, NW,
Washington, DC, 20549-0213. You also may call 202-942-7040 or send an e-mail to
help@sec.gov.
U. S. Trustee (UST) ? www.usdoj.gov/ust
If you believe someone has filed for bankruptcy using your name, write to the
U.S. Trustee in the region where the bankruptcy was filed. A list of the U.S.
Trustee's Regional Offices is available on the UST web site, or check the Blue
Pages of your phone book under U.S. Government Bankruptcy Administration. Your
letter should describe the situation and provide proof of your identity. The
U.S. Trustee, if appropriate, will make a criminal referral to criminal law
enforcement authorities if you provide appropriate documentation to substantiate
your claim. You also may want to file a complaint with the U.S. Attorney and/or
the FBI in the city where the bankruptcy was filed.
The U.S. Trustee does not provide legal representation, legal advice or
referrals to lawyers. That means you may need to hire an attorney to help
convince the bankruptcy court that the filing is fraudulent. The U.S. Trustee
does not provide consumers with copies of court documents. Those documents are
available from the bankruptcy clerk's office for a fee.
State and Local Governments
Many states and local governments have passed laws related to identity theft;
others may be considering such legislation. Where specific identity theft laws
do not exist, the practices may be prohibited under other laws. Contact your
State Attorney General's office (for a list of state offices, visit www.naag.org)
or local consumer protection agency to find out whether your state has laws
related to identity theft, or visit www.consumer.gov/idtheft/.
Credit Bureaus
Equifax ? www.equifax.com
To order your report, call: 1-800-685-1111 or write: P.O. Box 740241, Atlanta,
GA 30374-0241 To report fraud, call: 1-800-525-6285 and write: P.O. Box 740241,
Atlanta, GA 30374-0241
Experian ? www.experian.com
To order your report, call: 1-888-EXPERIAN (397-3742) or write: P.O. Box 2104,
Allen TX 75013 To report fraud, call: 1-888-EXPERIAN (397-3742) and write: P.O.
Box 9532, Allen TX 75013
Trans Union ? www.tuc.com
To order your report, call: 800-916-8800 or write: P.O. Box 1000, Chester, PA
19022. To report fraud, call: 1-800-680-7289 and write: Fraud Victim Assistance
Division, P.O. Box 6790, Fullerton, CA 92634
PRIVACY POLICY
When you contact the FTC with complaints or requests for information, you can
contact the FTC by telephone, toll-free at 1-877-ID-THEFT (438-4338); by postal
mail: Federal Trade Commission, Identity Theft Clearinghouse, 600 Pennsylvania
Avenue, NW, Washington, DC 20580; or electronically via the FTC?s online
complaint form, located at www.consumer.gov.
The material you submit may be seen by various people. The FTC enters the
information you send into their electronic database. This information is shared
with the FTC?s attorneys and investigators. It may also be shared with employees
of various other federal, state, or local authorities who may use this data for
regulatory or law enforcement purposes. The FTC may also share some information
with certain private entities, such as credit bureaus and any companies you may
have complained about, where we believe that doing so might assist in resolving
identity theft-related problems. You may be contacted by the FTC or any of the
agencies or private entities to whom your complaint has been referred. In other
limited circumstances, including requests from Congress, we may be required by
law to disclose information you submit.
You have the option to submit your information anonymously. However, if you do
not provide your name and contact information, law enforcement and other
entities will not be able to contact you to obtain additional information to
assist in identity theft investigations and prosecutions.
The FTC works for the consumer to prevent fraudulent, deceptive and unfair
business practices in the marketplace and to provide information to help
consumers spot, stop and avoid them. To file a complaint or to get free
information on consumer issues, call the FTC toll-free, 1-877-FTC-HELP
(1-877-382-4357), or use the online complaint form. The FTC enters Internet,
telemarketing, identity theft and other fraud-related complaints into Consumer
Sentinel, a secure, online database available to hundreds of civil and criminal
law enforcement agencies in the U.S. and abroad.
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