|
Each year, identity theft harms thousands of citizens in Multnomah
County. The perpetrators of these crimes seek to obtain personal
information about you so they can take on your financial identity.
They look for your Social Security number, birth information, credit
card number and other data to establish an identity. Oftentimes
you are not even aware that you have become a victim until you start
getting bills for thousand of dollars of unauthorized purchases.
The Multnomah County District Attorney's Office is committed to
protecting the community from identity theft and prosecuting those
responsible for this crime.
PREVENTION
Criminals can only assume your identity if they have access to
your personal information. You should consider the following to
reduce your risk of being the victim of identity theft:
- Never give anyone your credit card numbers or related information
over the phone unless you initiated the phone call or know with
whom you are dealing.
- Do not carry your Social Security card or number, birth certificate,
passport or extra credit cards with you.
- Do not write your Social Security number on your checks.
- Shred all documents containing account numbers or other personal
information before disposing of them, even including "junk"
mail that contains only an address label with your name and address.
- Keep a list of all credit card account numbers and corresponding
phone numbers so that you can contact creditors quickly if the
cards are lost or stolen. Avoid maintaining a copy of this list
on your computer, instead maintain a hand-written list that is
secured in a hidden safe at home or in a safety deposit box.
- Order a credit report once a year from one of the three major
credit bureaus (see names and contact information below). Check
for any false charges that may indicate fraud. These reports are
very inexpensive and can help identify fraudulent activity.
- Be careful at ATMs. Shield the information and the keypad from
people behind you. Consider avoiding the new ATM cards that do
not require a PIN as these can be stolen and used very quickly.
- If your ATM or credit card is stolen and someone calls saying
they are from the financial institution and want to verify your
PIN, do not give them any information.
- Even if your ATM or credit card is not stolen and someone calls
and claims to be from the financial institution, verify that the
person is from the institution by requesting employee and institution
information, and request to call them back to verify this information.
- Try not to put checks in your mailbox and do not have your checks
delivered to your home. Remember that many identity thieves steal
letters out of your mailbox or items out of your car that provide
them with your personal information.
- Consider using a locked mailbox or a post office box.
WHAT TO DO IF YOU ARE THE VICTIM OF IDENTITY THEFT
If you are the victim of identity theft, you must act quickly and
you must be thorough. The task before you will not be easy and it
will take time to finally resolve the many problems created by people
who are profiting from having your identity.
We have broken out this section into two parts. The
first is a quick guide covering what to do immediately. The
second is an in depth instruction by one of my former deputy
district attorneys who found himself the victim of a very complex
identity theft scheme. By reading it you will get a better understanding
of the problems associated with stopping the fraud and then cleaning
up your credit. I hope you find it helpful.
At the end of this section I have included a request for comments.
Your comments are important to us because we want to make this a
better website. Was the information helpful? Can you give us your
thoughts on additional things to include on this site?
A QUICK GUIDE
- Call the non-emergency number for the police to report your
suspicion. In Multnomah County and Portland call (503) 823-3333.
You will hear a message asking which police agency you wish to
speak with. You will hear a number of options but eventually you
will be able to talk to a person. You will make a police report
over the phone.
- Contact the fraud units of the three major credit-reporting
agencies to place a fraud alert on your accounts. They are: (1)
Equifax (800-252-6285); www.equifax.com;
P.O. Box 740241, Atlanta, GA 30374-0241, (2) Experian (888-397-3742);
www.experian.com;
P.O. Box 9532, Allen, TX 75013, and (3) TransUnion (800-680-7289);
www.transunion.com;
Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA
92834-6790. Contact your bank and creditors. Cancel any account
that is the subject of the fraud or identity theft.
- The Federal Trade Commission (FTC) has a hotline that provides
valuable information. The FTC does not prosecute Identify Theft
cases. You can contact the FTC online or call toll free 1-877-ID-THEFT
(1-877-438-4338)
- Once the police have investigated the case and have identified
a suspect, the matter will be forwarded to this office for prosecution.
- Please be patient. Cases involving Identity Theft often involve
lengthy investigations and typically include many other victims.
Rest assured that this office takes these crimes very seriously,
and will do all it can to prosecute the perpetrators in as timely
a manner as is possible.
AN IN DEPTH GUIDE
THE FOLLOWING IS AN ATTORNEY'S PERSPECTIVE ON BEING A VICTIM AND
THE STEPS HE TOOK TO PROTECT HIMSELF. IT IS LONG, BUT PROVIDES IMPORTANT
INFORMATION
How you become aware of a problem
Your first clue that someone has stolen your identity may be when
you are notified that you are overdue on a credit card that you
do not have, or that you are not making monthly payments on a loan
you did not take out. Many people learn they are the victim of identity
theft when they go to a financial institution to obtain a mortgage
or refinance an existing mortgage and are told they have too much
debt or are behind in their payments, when they know that can't
be so. I was fortunate because I was tipped off that I might be
the victim of identity theft early on from a telephone call from
Western Union. They called me at my office to verify whether I was
attempting to transfer $15,000 to a person in Boston by charging
that amount to a credit card issued in my name. Not only was I not
sending money to Boston, I never had the credit card that was being
used for the transaction. From this I learned someone had unlawfully
assumed my identity and was stealing money by using my name and
credit.
No easy solutions
Most identity theft victims think that with a few telephone calls
and maybe a few letters the matter can be cleared up. Unfortunately,
the opposite is true. Depending on how long the identity thieves
have been at work on wrecking your credit, it likely will take many
telephone calls, copies of letters, police reports and affidavits
over the course of several months or more to put your good name
and credit back to where it was prior to the theft. My odyssey through
the labyrinth of identity theft repair took more than six months
of work, with more than 100 telephone calls, 40 letters, 10 affidavits,
and the preparation of a continuous log of events to record who
I talked with and the facts I learned along the way.
During my ordeal I discovered the thief not only opened new accounts
in my name, but had begun to completely assume my identity by starting
to take over my existing accounts. The thief did this by telephoning
those companies with whom I had legitimate accounts and requesting
a billing address change to the thief's address in a different state.
The various customer service departments of many of the companies
with whom I had accounts did just that. Had it not been for the
call from Western Union, the thief could have continued his fraud
for many more months or until my credit was so bad no company would
extend credit under my name. Although I had to determine on my own
how to rehabilitate my credit, federal laws make it easier for identity
theft victims to reclaim to do the same.
Immediate action
Once you learn you are or could be the victim of identity theft,
you must immediately begin to take corrective action. The following
four steps, which I found to be critical, are the basic steps recommended
by the Federal Trade Commission (FTC).
1. Place a Fraud Alert on your credit history reports with the
three major credit reporting companies (see Quick Guide # 2).
2. Close the accounts that you know or believe to have been tampered
with or opened fraudulently.
3. File a report with your local police agency and once you learn
where the identity thefts took place, file a report in that community.
4. File a complaint with the Federal Trade Commission (FTC).
You can access the FTC web site for more information regarding
identity theft and these steps and for sample forms to use in your
efforts to favorably repair the damage caused by the identity thief
(www.ftc.gov).
Keep good records
Before undertaking these steps, you should understand that the process
will require you to keep a record of your efforts to regain your
credit. You should maintain a record of all your contacts and communications
with the various credit reporting companies, credit issuers and
police agencies. Keep a log of all conversations, including names,
phone numbers, the date of the calls, and the content of the conversations.
The FTC's identity theft website gives you a sample form you can
use to log all contacts (www.ftc.gov/bcp/edu/resources/forms/chart-course-action.pdf).
Your records should also include copies of all correspondence, affidavits,
and police agency reports. Plan to send all correspondence using
certified mail with a return receipt requested.
First thing to do
The first step in the process is to place a fraud alert on your
credit reports with the three major credit reporting companies.
This must be done first and is the most important step in the process.
Fraud alerts help prevent the identity thief from obtaining any
more credit in your name. The alert tells creditors to follow certain
procedures before they open new accounts in your name or make changes
to your existing accounts. Federal law (Fair Credit Reporting Act)
governs the process for the fraud alert and requires that you contact
only one of the three major credit reporting companies. The company
you call is required to contact the other two companies, who will
also place an alert on their versions of their credit reports. The
three major credit reporting companies and their telephone numbers
are as follows:
Experian: 1-888-397-3742; www.experian.com;
P.O. Box9532, Allen, TX 75013
Equifax: 1-800-525-6285; www.equifax.com;
P.O. Box 740241, Atlanta, GA 30374-0241
TransUnion: 1-800-680-7289; www.transunion.com;
Fraud Victim Assistance Division, P.O. Box, 6790, Fullerton, CA
92834-6790
Creating initial and extended fraud alert
There are two types of fraud alerts, the initial fraud alert and
the extended fraud alert. The initial fraud alert is appropriate
when you suspect you have or will be the victim of identity theft
or you know that you are the victim of identity theft. Such situations
may occur when your wallet or purse has been stolen or someone has
charged a purchase to your credit card without your permission.
Once you activate an initial fraud alert each credit reporting company
must include the alert in the file they maintain on you and provide
the alert with any credit score generated using your file. The initial
fraud alert stays on your credit report for at least 90 days. You
are entitled to one free copy of your credit history report from
each of the 3 major credit reporting companies when you file the
alert and they have 3 business days to send it to you after your
request.
An initial fraud alert starts the documentation process necessary
to close fraudulent accounts and to block and remove fraudulent
information from appearing in the credit reports of the identity
theft victim. Within the 90-day period the initial fraud alert is
active, carefully review your credit reports for fraudulent activity.
Review your credit reports for accounts you have not opened and
debts on your existing accounts you did not incur. Pay special attention
to the "credit inquiry" section of the report, since this
section reports which businesses have requested your credit report
and these may be the businesses that the thief has contacted for
credit and soon will fraudulently obtain money, goods or services
in your name. Also closely review the personal information section
of these reports. It is here that you may find that the identity
thief has changed or misstated your current address, telephone numbers,
names of your current and past employers and other information about
you. These items are frequently changed or altered by the identity
thief to obtain a new account in your name or take over one of your
existing accounts.
The extended fraud alert, which can stay with your credit reports
for as long as seven years, is appropriate once you know you are
the victim of identity theft. There are more protections included
in the extended fraud alert. These protections include the following:
The credit reporting companies are required to place the alert in
your credit report file and any credit score generated by the file
for a seven year period, unless removed by you sooner. The extended
alert removes you from any consumer lists the credit reporting companies
generate for any third party offer of credit or insurance for five
years. Also, you are entitled to two free credit history reports
in the year after you file the extended alert. Like the initial
fraud alert, when you notify one credit reporting company that you
are filing an extended fraud alert, that company must notify the
other credit reporting companies that you have filed an extended
fraud alert.
An extended fraud alert requires you to provide additional information
to the credit reporting companies. You must provide what is called
an "identity
theft report" that is made up of two parts. One part is
a copy of the police reports you filed with police agencies and
the second part is whatever information and documentation you can
supply to verify the identity theft required by the credit reporting
company and the business that granted the identity thief the credit
you dispute. The FTC identity theft website has information that
can assist you in preparing the "identity theft report"
(www.ftc.gov/bcp/edu/microsites/idtheft/consumers/filing-a-report.html).
Second thing to do
Close the accounts that you know or believe to have been tampered
with or opened fraudulently. The credit history reports you received
from the credit reporting companies after you placed the initial
fraud alert will have the information you need to determine the
fraudulent accounts to close. These credit history reports will
disclose the credit granting businesses and their addresses, telephone
numbers and the amounts of the fraudulent transactions. Use this
information to contact the businesses by calling the security or
fraud departments of each business where an account was opened or
changed without your permission. Explain what you know and follow
their procedures for closing the account. You may be provided with
forms by the company to dispute their account or charges. Follow
their instructions and complete the forms as accurately as possible
and remember to keep a copy of all completed forms for your records.
Understand that in most instances you will have to prove to them
that you are the victim of identity theft. You likely will have
to provide each of them with a copy of the specific police report
regarding the fraud committed against you involving each credit
issuer's account, as well as an affidavit of fraud or theft, and
any additional supporting documents they may request. The FTC website
has a uniform affidavit that creditors usually accept (www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf).
In addition, federal law also entitles you to request and receive
copies of the applications and transaction records used to open
and maintain those fraudulent accounts. These documents can help
establish that you are the victim of identity theft. Once requested,
the credit issuer must send you the information within 30 days.
These items will give you information about the thief to help prove
you are not responsible for the fraudulent accounts. You will also
want to forward this information on to the police agencies with
which you reported the identity theft.
It is not enough for identity theft victims to be satisfied with
just closing the fraudulently opened accounts. Victims should verify
that information about such accounts is blocked and ultimately removed
from their credit history reports. Federal law establishes procedures
for correcting fraudulent information on your credit history report.
When you notify credit history companies about the fraudulent transactions
and accounts, federal law requires them to block that information
from future credit history reports. For them to block the fraudulent
information, they must receive from you the following: a copy of
your "identity theft report"; a letter telling them what
information is fraudulent; a statement by you that the fraudulent
information does not relate to any transaction that you made or
authorized; and proof of your identity. The credit reporting companies
have four business days to block the fraudulent information after
accepting your identity theft report. The credit reporting company
must notify the business that reported the fraudulent information
that the information is blocked. The FTC's identity theft web site
gives you a sample letter to send to the credit reporting companies
requesting that accounts be blocked: (www.ftc.gov/bcp/edu/microsites/idtheft/downloads/blocking-letter-consumer-reporting-company.doc).
The businesses that provided the fraudulent information to the
credit reporting companies most likely will have already received
the same information directly from you as the information you sent
to the credit reporting companies when you requested a block. These
businesses will be able to determine quickly that you are a victim
of identity theft and fraud with the help of your "identity
fraud report" and other information you provided. Thereafter
these businesses should send a letter to the credit reporting companies
that the previously reported information resulted from identity
theft. This usually results in the removal of the fraudulent information
from your credit history reports. However, if you have not received
any written notification indicating the business is seeking removal
of the fraudulent information from your credit report, you should
send that business a follow up letter. This letter should ask for
verification that they have instructed the credit reporting companies
to remove from your credit history all entries made regarding the
fraudulent amounts or accounts and that your credit history score
is not to be affected by the fraudulent granting of credit in your
name. You should also seek written verification that the fraudulent
accounts are closed and the fraudulent debts are not your responsibility.
These letters should be sent by certified mail with a return receipt
requested.
Finally, you should also ask the credit reporting companies in
writing to block and remove from the "credit inquiry"
section of your credit history reports all inquiries by businesses
that are linked to the fraudulent activity of the identity thief.
Use the same procedure as you would for the blocking process described
above. The law also allows you to ask the credit reporting companies
to notify those who have received your credit report in the last
six months to alert them to the disputed and erroneous information.
Third step
File a report with your local police agency and once you learn where
the identity thefts took place, file a report in that community.
This means not only will you file a police report in the community
where you live, but also in each of the locations where the actual
fraud or theft of money, goods or services occurred using your name.
You will learn these locations once you have reviewed your credit
reports. Don't be surprised if you learn that fraudulent activity
may have occurred across the nation as your name and credit information
may be illegally obtained by thieves outside the community or state
in which you reside. This will require you to file police reports
in other states and cities, usually by telephone. After you make
these reports, obtain a copy of each police report you filed, because
you will have to provide a copy to each of the credit reporting
companies and most likely to each credit issuer that provided money,
goods or services in your name to the identity thief.
Fourth step
File a complaint with the Federal Trade Commission. You should report
all identity thefts and frauds as this helps law enforcement officials
across the country in their investigations. Under the Identity Theft
and Assumption Deterrence Act, the FTC is responsible for receiving
and processing complaints from the people who believe they may be
the victim of identity theft, and providing informational materials
to these people. The FTC can refer victims' complaints to the appropriate
entities for further action. You may report on line at www.ftc.gov/idtheft,
by telephone at 1-877-ID-THEFT (438-4338), or by mail at Identity
Theft Clearinghouse, Federal Trade Commission, Washington, DC 20580.
What to do in the future
After you have restored your credit, monitor your credit history
reports annually. You can receive a free credit history report each
year from each of the three major credit reporting companies. This
is over and above the free credit history reports you are entitled
to receive when you place fraud alerts with these credit reporting
companies. You may order them by phone by calling 877-322-8228;
by the internet using a secure website jointly operated by the three
credit reporting companies at www.annualcreditreport.com;
or by mail by completing a request form you can download at the
FTC's website and mailing it to the address provided in the form.
The FTC has more information regarding free credit history. It is
informative and has other helpful information. www.ftc.gov/bcp/conline/pubs/credit/freereports.htm.
CONTACT
US WITH YOUR COMMENTS
|