|
|
|
|
When Identity Crime Strikes You Compliments of
Preface Included in the mission of the Ohio State
Highway Patrol is the commitment to investigate criminal activities involving State of
When Identity Crime Strikes You Identity theft occurs when someone obtains
important personal information, such as your Social Security number, or banking or credit
card account numbers, to commit fraud or theft. The
goal of this brochure is to help you if you are a victim of "identity theft." "Identity thieves" commit a kind of
financial sabotage. They use people's personal
information to open fraudulent credit card accounts, rob retirement earnings, siphon money
out of people's accounts, or commit other kinds of fraud. The Ohio State Highway Patrol has developed
this guide to provide you with information and steps to take if you become a victim of
identity theft, including, who to contact, what to say, where to write or call, how to
repair your credit record, and how to avoid future problems. Additional information may be provided by
contacting: Office
of Investigative Services Phone:
(614) 752-0234
A Guide for Victims of Identity Theft Identity theft crimes are on the rise, causing
nationwide concern. Your persona] identifying
information can be accessed in an increasing variety of ways. An impostor can use your information to open
fraudulent credit card accounts, secure deposits on cars and housing, obtain employment
opportunities, create insurance benefits, and rob retirement earnings. This form of financial sabotage can devastate your
credit and require endless hours of telephone and written communication to resolve. In the meantime, you may experience difficulty
writing checks, obtaining loans, renting apartments, and even being hired. This guide provides victims of identity theft with
clear and concise information, including major resources to contact to resolve the
conflicts, which remain long after the thief disappears. Unfortunately, the responsibility of
identifying and resolving the consequences of identity theft is left largely to the
victim. It is important to act quickly and
assertively to minimize the damage to your credit reputation. While identity theft is a crime, the perpetrator is
often difficult to track. In addition, law
enforcement officials cannot "clean up" the havoc created for you. When dealing with the authorities and financial
institutions, keep a log of all conversations, including dates of contact, names,
and telephone numbers. Keep notes on the time
spent and any expenses incurred. Confirm all
conversations of those spoken with in writing. Send
correspondence by certified mail, return receipt requested. Keep
copies of all letters and documents. 1. Credit Bureaus Immediately call the fraud units of the three
credit reporting companies CSC Credit Services (Equifax Regional Office), Experian
(formerly TRW), and Trans Union, Report the theft of your credit cards or misuse of your
account numbers. Request that your credit
account be flagged. Also, add a victim's
statement (up to 100 words) to your report, such as: "My identification has been used
fraudulently to apply for credit. Contact me
at [your telephone number or mailing address] to verify ALL applications. "Ask how long the fraud alert is posted on
your credit account, and how it can be extended, if necessary. Be aware these measures may not entirely stop
fraudulent new accounts from being opened by the identity thief. Ask the credit bureaus, in writing, to provide you
with copies of your credit report every few months so you can monitor it. Upon your request, a credit bureau is required to
provide you with one free credit report during any 12-month period if you have reason to
believe the report contains inaccurate information due to fraud. Additional credit reports shall not exceed an $8.00
charge, and often this fee is waived. (15 United States Code section 1682j(c)(3)). Request, in writing, that each credit bureau
provide you the names and phone numbers of credit grantors with whom fraudulent accounts
have been opened. Request, in writing, that
each credit Bureau remove inquiries that have been generated due to the fraudulent access.
Request that all fraudulent information and
inquiries be permanently removed from your credit report. You
may also request the credit bureau notify those who have received your credit report in
the last six months in order to alert them to the disputed and erroneous information.
2. Creditors Immediately contact all creditors (by telephone
and in writing), with whom your name has been used fraudulently. Obtain replacement cards with new account numbers
for any account that has been used fraudulently. Ask
that old accounts be processed as "account closed at consumer's request." This is better than "card lost or
stolen," because when this statement is reported to credit bureaus, it can be
interpreted as blaming you for the loss. Carefully
monitor your mail and credit card statements for evidence of new fraudulent activity. Report such activity immediately to credit grantors. Victims of unauthorized use of a credit card
should be liable for no more than the first $50 of the loss although this is often waived.
(15 United States Code section 1643). Request the credit grantor provide you with a
copy of the fraudulent credit application and a statement of the incurred charges. Such information may be helpful in disputing the
application and/or charges as fraudulent. If
the credit grantor resists providing you this information, contact your local police or
sheriffs department for assistance. The credit
grantor should readily provide such information when requested to do so by local law
enforcement authorities. Pay particular attention to what personal
identifying information the identity theft has provided on the application and note any
discrepancies that may exist. When reviewing
the charges, note the date of the purchases, where the purchases were made, and what type
of products or services were purchased. Look
for dates, places, or items which contradict your own schedule, whereabouts, and even
tastes. Credit requirements to verify fraud.
You may be asked by banks or credit grantors
to complete and notarize fraud affidavits, which could become costly. The law does NOT require that a notarized
affidavit be provided to banks or creditors. A
written statement and supporting documentation should be enough (unless the bank or
creditor offers to pay the notary fees). Overly
burdensome requirements by banks or creditors should be reported to the government
authority, which regulates the credit card issuer. To
determine which authority regulates the particular credit card issuer in question,
contact: Ohio
Department of Commerce Financial
Institutions Division Phone:
(614) 728-8400
3. Law Enforcement Report the crime to the law enforcement agency
with jurisdiction in your case. Give them as
much documented evidence as possible. Obtain a
copy of your police report. Keep the telephone
number of your fraud investigator handy and give it to creditors and others who require
certification of your case. Banks and credit
card companies may require you to produce the police report in order to verify the crime. 4. Stolen Checks If you have had checks stolen or bank accounts
opened fraudulently, report it to the check verification companies listed below. Put stop payments on any outstanding checks that you
are unsure of; cancel your checking and savings accounts and obtain new account numbers. Give the bank a secret password for your account. When creating a password, don't use common numbers
like the last four digits of your Social Security number, your birth date, middle name,
mother's maiden name, pet's name, address, consecutive numbers, or anything else that
could easily be determined by thieves.
5. Automatic Teller Machine (ATM)
Cards If your ATM card has been stolen or
compromised, get a new card, account number, and PIN (Personal Identification Number). Do not use your old password. When creating your new PIN, keep in mind the
suggestions listed above. 6. Fraudulent Change of Address, Mail
Theft, or Other Mail Involvement Notify the U. S. Postal Inspector's Office if
you suspect an identity thief has filed a change of address with the post office or has
used the mail to commit bank or credit fraud. Theft
of mail is a felony offense. Find out where
the fraudulent credit cards were sent. Notify
the local Postmaster for that address to forward all mail in your name to your own
address. You may also need to talk with the
local mail carrier for that address as well. Phone:
(614) 469-4352
Phone:
(513) 684-8000
7. Secret Service Jurisdiction The Secret Service investigates crimes dealing
with credit card fraud, financial institution fraud, and crimes dealing with the false use
of personal identifiers (such as name, date of birth, or Social Security number) relating
to financial crimes. However, the Secret
Service usually does not investigate individual cases unless the dollar amount is high or
you are one of many victims of a fraud ring. If
the actual crime (fraudulent application or charges) occurred outside of
Phone:
(614) 469-7370
Phone:
(513) 684-3585
Phone:
(216) 706-4365
8. Social Security Number Misuse To determine if someone else is using your
Social Security number for employment purposes, order a copy of your Personal Earnings and
Benefit Estimate Statement (PEBES) from the Social Security Administration to check for
inaccuracies or fraud. To request a PEBES
application call or write to the office listed below. Once
you have determined that there are too
many or too few earnings recorded on your PEBES, or if your name is recorded incorrectly,
call or write to: Office
of the Inspector General Phone:
(513) 684-6496
Social
Security Administration Office
of the Inspector General Phone:
(216) 522-7226
To
download a PEBES application: http://www.ssa.gov
If someone is misusing your
Social Security number, as a last resort, you may want to consider changing your number.
The Social Security Administration will change your number only if you fit specific
fraud victim criteria. For more information, call or write the office listed below
and request the fact sheet, Social Security: When Someone Misuses Your Social
Security Number, SSA Pub. No. 05-10064. Report the fraudulent use of your Social
Security number to: Social
Security Administration Office
of the Inspector General Phone:
1-800-772-1213 Phone:
1-800-269-0271 (OIG Fraud/Waste/Abuse Hotline) E-mail:
oig.hotline@ssa.gov
9. Income Tax Fraud Any fraudulent use of another person's Social
Security number (including dependents' Social Security numbers) to obtain an income tax
refund should be reported to: Internal
Revenue Service Criminal
Investigation Division Phone:
(614) 469-7455
Internal
Revenue Service Criminal
Investigation Division Phone:
(513) 684-6995
Internal
Revenue Service Criminal
Investigation Division Phone:
(216) 522-2910
10. Passports If you are the victim of identity theft and
have a passport, notify the passport office, in writing, to be on the lookout for anyone
ordering a new passport fraudulently. Phone:
1-900-225-5674
11. Utilities If your cellular phone or long distance calling
card has been stolen or if you discover fraudulent charges on your bills, cancel the
accounts and open new ones. To avoid being
"slammed," request that your local telephone service "freeze" your
long distance carrier so it cannot be changed without specific authorization using a
password. To avoid being "crammed,"
scrutinize every charge on your billing statements for fraudulent or unauthorized charges.
Notify your gas, electric, water and trash
utilities that you are a victim of identity theft and alert them to the possibility that
the thief may try to establish accounts using your personal information 12. Driver's License Misuse or
Identity Takeover You may need to change your driver's license
number if someone is using yours fraudulently. Call
the Ohio Bureau of Motor Vehicles and verify the last issuance date of your license. If there is a discrepancy, contact the Ohio
Department of Public Safety to file a fraud report. The
State of Office
of Investigative Services Phone:
(614) 7752-0234
Bureau
of Motor Vehicles Investigations Phone:
(614) 752-7511
13. False Civil and Criminal Judgments Sometimes victims of identify theft are
wrongfully accused of crimes committed by the impostor. If
a civil judgment has been entered against you for actions taken by your impostor, contact
the court where the judgment was entered and report that you are a victim of identify
theft. If you are wrongfully prosecuted for
criminal charges, contact the Federal Bureau of Investigation (FBI). Ask how to clear your name. Phone: (614) 224-1183
U.
S. Federal Bureau of Investigation Phone:
(513) 421-4310
Phone:
(216) 522-1400
14. Credit Report Fraud If you find that there has been unauthorized
access or use of your credit report, the Federal Trade Commission will be able to advise
you of your rights under the Fair Credit Reporting Act. Call
or write to: Federal
Trade Commission Phone:
(202) 326-3761 and (202) 326-3128
15. Insurance Coverage Consult your insurance agent to determine whether household or other insurance policies may cover your los |