I Am Or May Be A Victim Of Identity Theft.  What Should I Do?

 

Answer:   The Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681, gives you specific rights when you are, or believe you are, the victim of identity theft.  

Unfortunately, you bear a heavy burden to repair ID theft.   Some immediate steps to take (or consider) are below.

1. Place a Fraud Alert On Your Credit File 

You have the right to ask that nationwide consumer reporting agencies (“CRA”) place “fraud alerts” in your file to let potential creditors and others know that you may be a victim of ID theft.

A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you.  

How you place a fraud alert in your file is by contacting one of the three nationwide consumer reporting agencies as follows: 

¨         Equifax:           (800) 685-1111 or www.equifax.com

¨         Experian           (888) 397-3742 or www.experian.com

¨         TransUnion      (800) 888-4213 or www.transunion.com

As soon as that agency processes your fault alert, it will notify the other two, which then also must place fraud alerts in your file.

A fraud alert is free!

An initial fraud alert stays in your file for at least 90 days (and it can be renewed).   An extended alert stays in your file for seven years.  

To place either of these alerts, a consumer reporting agency will require you to provide appropriate proof of your identity, which may include your Social Security number.

If you ask for an extended alert you will have to provide an identity theft report.   An identity theft report includes a copy of a report you have filed with a federal, state, or local law enforcement agency, and additional information a consumer reporting agency may require you to submit.  

For more detailed information about the identity theft report , visit www.consumer.gov/idtheft

But, know this, too:   Placing a fraud alert on your file may delay your ability to obtain credit.   Plan carefully and well in advance to help limit or avoid such delay(s).  

2. Order Credit Reports

You have a right to free copies of the information in your file (your “file disclosure”).  

An initial fraud alert entitles you to a copy of all the information in your file at each of the three nationwide agencies, and an extended alert entitles you to two free file disclosures in a 12-month period following the placing of the alert.  

These additional disclosures may help you detect signs of fraud, for example, whether fraudulent accounts have been opened in your name or whether someone has reported a change in your address.  

Once a year, you also have the right to a free copy of the information in your file at any consumer reporting agency, if you believe it has inaccurate information due to fraud, such as identity theft.  

You also have the ability to obtain additional free file disclosures under other provisions of the FCRA.  

To order a free copy of your credit reports, go to https://www.ftc.gov/faq/consumer-protection/get-my-free-credit-report

See www.ftc.gov/credit

3. Create an Identity Theft Report

4. Obtain Documents  

You have the right to obtain documents relating to fraudulent transactions made or accounts opened using your personal information.   A creditor or other business must give you copies of applications and other business records relating to transactions and accounts that resulted from the theft of your identity, if you ask for them in writing.   A business may ask you for proof of your identity, a police report, and an affidavit before giving you the documents.   It also may specify an address for you to send your request.   Under certain circumstances, a business can refuse to provide you with these documents.   See www.consumer.gov/idtheft

5. You have the right to obtain information from a debt collector.   If you ask, a debt collector must provide you with certain information about the debt you believe was incurred in your name by an identity thief – like the name of the creditor and the amount of the debt.  

6. Block Information
If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file.   An identity thief may run up bills in your name and not pay them.   Information about the unpaid bills may appear on your consumer report.   Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identify the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report.   The consumer reporting agency can refuse or cancel your request for a block if, for example, you don’t provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you.   If the agency declines or rescinds the block it must notify you.   Once a debt resulting from identity theft has been blocked, a personal or business with notice of the block may not sell, transfer, or place the debt for collection. 

7. You also may prevent businesses from reporting information about you to consumer reporting agencies if you believe the information is a result of identity theft.   To do so, you must send you request to the address specified by the business that reports the information to the credit reporting agency.   The business will expect you to identify what information you do not want reported and to provide an identity theft report.

To learn more about identity theft and how to deal with its consequences, visit www.consumer.gov/idtheft or write to the Federal Trade Commission at:   FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580.  

You may have additional rights under state law.   For more information, contact your local consumer protection agency or your state attorney general.

In addition to the new rights and procedures to help consumers deal with the effects of identity theft, the FCRA has may other important consumer protections.   They are described in more detail at www.ftc.gov/credit