ID Theft: When Bad Things Happen
To Your Good Name |
February 2000
Listen to these consumers . .
.
Someone used my Social Security number to get credit in my name. This has caused a lot
of problems. I have been turned down for jobs, credit, and refinancing offers. This is
stressful and embarrassing. I want to open my own business, but it may be impossible with
this unresolved problem hanging over my head.
From a consumer complaint to the FTC, May
18, 1999
Someone is using my name and Social Security number to open credit card accounts. All
the accounts are in collections. I had no idea this was happening until I applied for a
mortgage. Because these "bad" accounts showed up on my credit report, I didn't
get the mortgage.
From a consumer complaint to the FTC, July
13, 1999
Help! Someone is using my Social Security number to get a job.
From a consumer complaint to the FTC,
September 20, 1999
My elderly parents are victims of credit fraud. We don't know what to do. Someone
applied for credit cards in their name and charged nearly $20,000. Two of the card
companies have cleared my parents's name, but the third has turned the account over to a
collection agency. The agency doesn't believe Mom and Dad didn't authorize the account.
What can we do to stop the debt collector?
From a consumer complaint to the FTC,
October 7, 1999
TABLE OF CONTENTS
Introduction
How Identity Theft Occurs
Minimize Your Risk
- Choosing to Share Personal Information or Not
- Credit Bureaus
- Departments of Motor Vehicles
- Direct Marketers
- If You're a Victim
- Your First Three Steps
- Your Next Steps
- Where There's Help
- Federal Clearinghouse for Consumer Complaints
- Federal Laws
- State Laws
- Resolving Credit Problems
- Credit Reports
- Credit Cards
- Debt Collectors
- ATM Cards, Debit Cards and Electronic Fund Transfers
- Resources
- Federal Government
- State and Local Governments
- Credit Bureaus
INTRODUCTION
In the course of a busy day, you may write a
check at the grocery store, charge tickets to a ball game, rent a car, mail your tax
returns, call home on your cell phone, order new checks or apply for a credit card.
Chances are you don't give these everyday transactions a second thought. But someone else
may.
The 1990's spawned a new variety of crooks called identity thieves. Their stock in
trade are your everyday transactions. Each transaction requires you to share personal
information: your bank and credit card account numbers; your income; your Social Security
number (SSN); and your name, address and phone numbers. An identity thief co-opts some
piece of your personal information and appropriates it without your knowledge to commit
fraud or theft. An all-too-common example is when an identity thief uses your personal
information to open a credit card account in your name.
Can you completely prevent identity theft from occurring? Probably not, especially if
someone is determined to commit the crime. But you can minimize your risk by managing your
personal information wisely, cautiously and with heightened sensitivity.
The Congress of the United States asked the Federal Trade Commission to provide
information to consumers about identity theft and to take complaints from those whose
identities have been stolen. If you've been a victim of identity theft, you can call the
FTC's Identity Theft Hotline toll- free at 1-877-IDTHEFT (438-4338). The FTC puts your
information into a secure consumer fraud database and may, in appropriate instances, share
it with other law enforcement agencies.
The FTC, working in conjunction with other government agencies, has produced this
booklet to help you guard against and recover from identity theft. 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 THEFT OCCURS
Despite your best efforts to manage the flow of
your personal information or to keep it to yourself, skilled identity thieves may use a
variety of methods low- and hi-tech to gain access to your data. Here are
some of the ways imposters can get your personal information and take over your identity.
How identity thieves get
your personal information: They steal
wallets and purses containing your identification and credit and bank cards.
They steal your mail, including your bank and credit card
statements, pre-approved credit offers, telephone calling cards and tax information.
They complete a "change of address form" to divert
your mail to another location.
They rummage through your trash, or the trash of businesses,
for personal data in a practice known as "dumpster diving."
They fraudulently obtain your credit report by posing as a
landlord, employer or someone else who may have a legitimate need for
and a legal right to the information.
They get your business or personnel records at work.
They find personal information in your home.
They use personal information you share on the Internet.
They buy your personal information from "inside"
sources. For example, an identity thief may pay a store employee for information about you
that appears on an application for goods, services or credit. |
How identity thieves use
your personal information: They call
your credit card issuer and, pretending to be you, ask to change the mailing address on
your credit card account. The imposter then runs up charges on your account. Because your
bills are being sent to the new address, it may take some time before you realize there's
a problem.
They open a new credit card account, using your name, date of
birth and SSN. When they use the credit card and don't pay the bills, the delinquent
account is reported on your credit report.
They establish phone or wireless service in your name.
They open a bank account in your name and write bad checks on
that account.
They file for bankruptcy under your name to avoid paying
debts they've incurred under your name, or to avoid eviction.
They counterfeit checks or debit cards, and drain your bank
account.
They buy cars by taking out auto loans in your name. |
MINIMIZE YOUR RISK
While you probably can't prevent identity theft
entirely, you can minimize your risk. By managing your personal information wisely,
cautiously and with an awareness of the issue, you can help guard against identity theft:
Before you reveal any personally identifying information, find out how
it will be used and whether it will be shared with others. Ask if you have a choice about
the use of your information: can you choose to have it kept confidential?
Pay attention to your billing cycles. Follow up with creditors if your
bills don't arrive on time. A missing credit card bill could mean an identity thief has
taken over your credit card account and changed your billing address to cover his tracks.
Guard your mail from theft. Deposit outgoing mail in post office
collection boxes or at your local post office. Promptly remove mail from your mailbox
after it has been delivered.
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 to capture your personal information, tear
or shred your charge receipts, copies of credit applications, insurance forms, bank checks
and statements that you are discarding, expired charge cards and credit offers you get in
the mail.
Be cautious about where you leave personal information in your home,
especially if you have roommates, employ 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" on page 13 for details about removing fraudulent and inaccurate
information from your credit report.
A SPECIAL WORD ABOUT SOCIAL
SECURITY NUMBERS
Your employer and financial institution will likely need your
SSN for wage and tax reporting purposes. Other private businesses may ask you for your SSN
to do a credit check, such as when you apply for a car loan. Sometimes, however, they
simply want your SSN for general record keeping. You don't have to give a business your
SSN just because they ask for it. If someone asks for your SSN, ask the following
questions:
Why do you need my SSN? How will my SSN be used?
What law requires me to give you my SSN?
What will happen if I don't give you my SSN?
Sometimes a business may not provide you with the service or
benefit you're seeking if you don't provide your SSN. Getting answers to these questions
will help you decide whether you want to share your SSN with the business. Remember,
though, that the decision is yours. |
CREDIT BUREAUS
Equifax www.equifax.com
To order your report, call: 800-685-1111 or write:
P.O. Box 740241, Atlanta, GA 30374-0241
To report fraud, call: 800-525-6285 and write:
P.O. Box 740241, Atlanta, GA 30374-0241
Experian www.experian.com
To order your report, call: 888-EXPERIAN (397-3742) or write:
P.O. Box 949, Allen TX 75013-0949
To report fraud, call: 888-EXPERIAN (397-3742) and write:
P.O. Box 949, Allen TX 75013- 0949
Trans Union www.tuc.com
To order your report, call: 800-916-8800 or write:
760 Sproul Road, P.O. Box 390, Springfield, PA 19064-0390
To report fraud, call: 800-680-7289 and write:
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634
CHOOSING TO SHARE YOUR
PERSONAL INFORMATION OR NOT
What happens to the personal information you
provide to companies, marketers and government agencies? They may use your information
just to process your order. They may use it to create a profile about you and then let you
know about products, services or promotions. Or they may share your information with
others. More organizations are offering consumers choices about how their personal
information is used. For example, many let you "opt out" of having your
information shared with others or used for promotional purposes.
You can learn more about the choices you have to protect your personal information from
credit bureaus, state Departments of Motor Vehicles and direct marketers.
Credit Bureaus
Pre-Screened Credit Offers
If you receive pre-screened credit card offers in the mail
(namely, those based upon your credit data), but don't tear them up after you decide you
don't want to accept the offer, identity thieves may retrieve the offers for their own use
without your knowledge.
To opt out of receiving pre-screened credit card offers, call: 1-888-5-OPTOUT
(1-888-567- 8688). The three major credit bureaus use the same toll-free number to let
consumers choose not to receive pre-screened credit offers.
Marketing Lists
Of the three major credit bureaus, only Experian offers consumers
the opportunity to have their names removed from lists that are used for marketing and
promotional purposes. To have your name removed from Experian's marketing lists, call
1-800-407-1088.
Departments of Motor Vehicles
Take a look at your driver's license. All the personal information on it and
more is on file with your state Department of Motor Vehicles (DMV). A state DMV may
distribute your personal information for law enforcement, driver safety or insurance
underwriting purposes, but you may have the right to choose not to have the DMV distribute
your personal information for other purposes, including for direct marketing.
Not every DMV distributes personal information for direct marketing or other purposes.
You may be able to opt out if your state DMV distributes personal information for these
purposes. Contact your state DMV for more information.
Direct Marketers
The Direct Marketing Association's (DMA) Mail, E-mail and Telephone Preference Services
allow consumers to opt out of direct mail marketing, e-mail marketing and/or telemarketing
solicitations from many national companies. Because your name will not be on their lists,
it also means that these companies can't rent or sell your name to other companies.
To remove your name from many national direct mail lists, write:
DMA Mail Preference Service
P.O. Box 9008
Farmingdale, NY 11735-9008
To remove your e-mail address from many national direct e-mail lists, visit www.e-mps.org
To avoid unwanted phone calls from many national marketers, send your name, address,
and telephone number to:
DMA Telephone Preference Service
P.O. Box 9014
Farmingdale, NY 11735-9014
For more information, visit www.the-dma.org
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 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, ask the credit bureaus for copies of your credit reports. Credit
bureaus must give you a free copy of your report if your report is inaccurate because of
fraud. 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 (Fair
Credit Billing Act) 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 the same information
and numbers when you create a PIN.
Bank accounts. If you have reason to believe that an
identity thief has tampered with your bank accounts, checks or ATM card, close the
accounts immediately. When you open new accounts, insist on password-only access to
minimize the chance that an identity thief can violate the accounts.
In addition, if your checks have been stolen or misused, stop payment. Also contact the
major check verification companies to request that they notify retailers using their
databases not to accept these checks, or ask your bank to notify the check verification
service with which it does business. Three of the check verification companies that accept
reports of check fraud directly from consumers are:
Telecheck: 1-800-710-9898
International Check Services: 1-800-631-9656
Equifax: 1-800-437-5120
If your ATM card has been lost, stolen or otherwise compromised, cancel the card as
soon as you can and get another with a new PIN.
Investments. If you believe that an identity thief has
tampered with your securities investments or a brokerage account, immediately report it 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.
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. (See box at right.)
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.
Arizona
Arkansas
California
Connecticut
Georgia
Idaho
Illinois
Iowa
Kansas
Maryland
Massachusetts |
Ariz. Rev. Stat. § 13-2708
Ark. Code Ann. § 5-37-227
Cal. Penal Code § 530.5
1999 Conn. Acts 99
Ga. Code Ann. §§ 121-127
Idaho Code § 28-3126
720 ILCS 5/16G
Iowa Code § 715A8
Kan. Stat. Ann. § 21-4108
Md. Ann. Code art. 27 § 231
Mass. Gen. Laws ch. 266 § 37E |
|
Mississippi
Missouri
New Jersey
North Dakota
Ohio
Oklahoma
Tennessee
Texas
Washington
West Virginia
Wisconsin |
Miss. Code Ann. § 97-19-85
Mo. Rev. Stat. § 570.223
N.J. Stat. Ann. § 2C:21-17
N.D.C.C. § 12.1-23-11
Ohio Rev. Code Ann. 2913
Okla. Stat. tit. 21, § 1533.1
Tenn. Code Ann. § 39-14-150
Tex. Penal Code § 32.51
Wash. Rev. Code § 9.35
W. Va. Code § 61-3-54
Wis. Stat. § 943.201 |
|
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 all nationwide credit bureaus so they 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 free online.
Credit Cards
The Fair Credit Billing Act establishes procedures for resolving billing errors on your
credit card accounts. It also limits your liability for unauthorized credit card charges
in most cases to $50 per card.
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 Name
Your Address
Your City, State, Zip Code
Your Account Number
Name of Creditor
Billing Inquiries
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute a billing error in the amount of $______on my account. The
amount is inaccurate because (describe the problem). I am requesting that the error be
corrected, that any finance and other charges related to the disputed amount be credited
as well, and that I receive an accurate statement.
Enclosed are copies of (use this sentence to describe any enclosed information, such as
sales slips, payment records) supporting my position. Please investigate this matter and
correct the billing error as soon as possible.
Sincerely,
Your name
Enclosures: (List what you are enclosing.) |
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 Credit Reporting
- Fair Debt Collection
- Getting Purse-onal: What To Do If Your Wallet or
Purse Is Stolen
- How to Dispute Credit Report Errors
- Identity Crisis... What to Do If Your Identity Is
Stolen
- Identity Thieves Can Ruin Your Good Name: Tips for
Avoiding Identity Theft
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:
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; or
e-mail: Customer.Assistance@occ.treas.gov
OCC publications:
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:
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.
U.S. Secret Service (USSS) www.treas.gov/usss
The U.S. Secret Service is one of the federal law enforcement agencies that
investigates financial crimes, which may include identity theft. Although the Secret
Service generally investigates cases where the dollar loss is substantial, your
information may provide evidence of a larger pattern of fraud requiring their involvement.
Local field offices are listed in the Blue Pages of your telephone directory.
Social Security Administration (SSA) www.ssa.gov
SSA may assign you a new SSN at your request if you continue to experience
problems even after trying to resolve the problems resulting from identity theft. SSA
field office employees work closely with victims of identity theft and third parties to
collect the evidence needed to assign a new SSN in these cases.
SSA Office of the Inspector General (SSA/OIG)
The SSA/OIG is one of the federal law enforcement agencies that investigates cases of
identity theft.
Direct allegations that an SSN has been stolen or misused to the SSA Fraud Hotline.
Call: 1-800- 269-0271; fax: 410-597-0018; write: SSA Fraud Hotline, P.O. Box 17768,
Baltimore, MD 21235; or e-mail: oig.hotline@ssa.gov
SSA publications:
U.S. Postal Inspection Service (USPIS) www.usps.gov/websites/depart/inspect
The USPIS is one of the federal law enforcement agencies that investigates cases
of identity theft. USPIS is the law enforcement arm of the U.S. Postal Service. USPIS has
primary jurisdiction in all matters infringing on the integrity of the U.S. mail. You can
locate the USPIS district office nearest you by calling your local post office or checking
the list at the web site above.
U.S. Securities and Exchange Commission (SEC) 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 949, Allen TX 75013- 0949
To report fraud, call: 1-888-EXPERIAN (397-3742)
and write: P.O. Box 949, Allen TX 75013-0949
Trans Union www.tuc.com
To order your report, call: 800-916-8800
or write: 760 Sproul Road, P.O. Box 390, Springfield, PA 19064-0390.
To report fraud, call: 1-800-680-7289
and write: Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634
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