| This guide provides victims of identity theft with the major
resources to contact. Unfortunately, at this time victims themselves are burdened
with resolving the problem. You must act quickly and assertively to minimize
the damage. In dealing with the authorities and financial institutions,
keep a log of all conversations, including dates, names, and phone numbers.
Note time spent and expenses incurred in case you are able to seek restitution
in a later judgement or conviction against the thief, or if you itemize
tax
deductions for theft-related expenses (consult your accountant). Confirm conversations
in writing. Send correspondence by certified mail, return receipt requested.
Keep copies of all letters and documents.
Credit Bureaus
Credit Bureaus
1. Credit bureaus. Immediately report the situation
to the fraud units of the three credit reporting companies -- Experian (formerly
TRW), Equifax and TransUnion. As of April 2003, if you notify one bureau that
you are a victim of identity theft, it will notify the other two.
Report that
your identifying information is being used by another person to obtain credit
fraudulently in your name. Ask that your file be flagged with a fraud alert.
Add a victim's statement to your report. ("My ID has been used to apply for
credit fraudulently. Contact me at [your phone number] to verify all applications.")
Canadian victims,
click here.
Each credit bureau will mail you a free credit report
once your file has been flagged with a fraud alert. Fraud alerts are
usually placed for 90-180 days. You will want to extend the time
period to seven years.
Do so in writing following the
directions sent in the credit report you receive. You may cancel
fraud alerts at any time. In all communications with the credit
bureaus, you will want to refer to the unique number assigned to
your credit report and use certified, return receipt mail. Be sure
to save all credit reports as part of your fraud documentation.
Ask the credit bureaus for names and phone numbers of credit
grantors with whom fraudulent accounts have been opened if this information
is not included on the credit report.
Ask the credit bureaus in writing to remove
inquiries that have been generated due to the fraudulent access. You may also
ask the credit bureaus to notify those who have received your credit report
in the last six months in order to alert them to the disputed and erroneous
information (two years for employers). Under California law, when you provide
your police report to the credit bureaus, they must remove the fraudulent accounts
from your credit report (Calif. Civil Code 1785.16(k)) (see #3 below).
Be aware that these measures will not entirely stop new
fraudulent accounts from being opened by the impostor. Credit issuers are
not required by law to observe fraud alerts.
Request a free copy of your credit
report every few months so you can monitor for fraud. Under a new California
law, victims are able to receive one free report each month for the first 12
months upon request. (California Civil Code 1785.15.3, effective July 1, 2003.)
In other states, you may be charged after the first report. Still it is important
to check your credit report about every three months during the active phase
of the crime.
California law now enables individuals to place a "security
freeze" on their credit reports. This essentially prevents anyone from accessing
your credit file for any reason, until and unless you instruct the credit bureaus
to unfreeze or "thaw" your report. It provides more protection than a fraud
alert.
If your identity thief is particularly aggressive and gives no indication
of ceasing to use your identity to obtain credit, and if you live in California,
you should consider using the security freeze to curtail access to your credit
file.
The security freeze is free to victims of identity theft. Non-victims
who wish to use the security freeze for prevention purposes must pay a fee to
activate the freeze. The web site of the California Office of Privacy Protection
provides information on how to establish a security freeze,
www.privacy.ca.gov/financial/cfreeze.htm |
