Identity Theft

 

Identity Theft and Your Identification 

Identity theft is one of the fastest growing crimes in the United States. Credit card numbers, driver’s license numbers, social security numbers, and other personal identification can net criminals thousands of dollars in a very short period of time.

While the financial loss incurred by this type of crime is not always incurred by the consumer, it can significantly traumatize them, and take them months if not years to restore their credit and good name, and may keep them from being
able to cash checks, obtain loans, or even rent an apartment or obtain utilities.

 

TEN WAYS TO PROTECT YOURSELF

You can minimize the risk of being victimized by taking the following steps:

1. Never leave your purse or wallet unattended, at work, at restaurants, at health fitness clubs, in your shopping cart, at church, at parties. Never leave your purse or wallet in open view in your car, even when locked.

2. Destroy all checks immediately when you close a checking account. Destroy or keep in a secure place, any courtesy checks that your bank or credit card company may mail you.  Shred all financial offers, statements, etc.

3. Reconcile your check and credit card statements in a timely fashion and immediately challenge any purchases you did not make.

4. Limit the number of credit cards you have, and cancel inactive accounts.

5 Never give any credit card, bank, or social security or other personal information to anyone over the telephone or on the internet.

6. Minimize exposure of your social security and credit card numbers. If you are asked for your social security number by a business (i.e. doctor's office) and they already have that number on file, refuse to write it down somewhere again.

7. Safeguard your credit and debit and ATM card receipts and shred them before disposing of them. (Most places of business now will  print only the last four digits of your card number, as now required by law)

8. Scrutinize your utility and subscription bills to make sure the charges are yours.

9. Memorize your passwords and personal identification (PIN) numbers. Keep your PIN numbers somewhere that only you know about, anywhere but with your credit cards. Don’t give out your PIN.  Identity theft is often traced back to family members. You may be held liable if the financial institution can show negligence on your part.

10. Keep a list of, or photocopy all credit and identification cards you carry with you, including front and back, so that you can quickly call the issuers to inform them about missing or stolen cards. Keep the list or copies in safe place.

11.  Regularly request a copy of your credit report.  You are allowed one free report per year, so with three different credit reporting agencies, you could get one free report every four months.

PROTECT YOURSELF FROM THE PROTECTORS!

Many organizations and companies are popping up across the country offering Identity Theft insurance, forms, data and services or protection for a fee.  Be careful and cautious before investing any money.  Make sure you are dealing with a reputable organization/company and that there is value to what you are purchasing, even when it is offered through your financial institution or a credit agency . 

IF YOU ARE THE VICTIM OF IDENTITY THEFT

In addition to the brief information below, we highly recommend the following site for a step by step process, including forms:  "What to do if you are a victim of Identity Theft"

1. Report the incident to the police immediately. If you know where your identification was stolen, or where the incident of fraud occurred, that would be the jurisdictions you would want to report it to. Insist you be given a complaint number. Although the state and federal government have departments that handle identity theft, Michigan legislation also allows you to file a complaint in your own jurisdiction.  Keep a record of date, time and who you communicated with, throughout your ordeal.

2. Report all stolen cards to the issuers immediately and if desired, request new cards be issued. Follow up with written notification.

3. Notify your bank in the event your checks were stolen and request that your account be closed.

4. In order to prove your innocence, be prepared to fill out affidavits of forgeries for banks, credit grantors and recipients of stolen checks. They are joint victims with you and may suffer a financial loss. An general affidavit is available through the FTC but different agencies may still request you fill out their form.

5. Contact the social security office if someone is using your social security number to establish credit or new accounts.

6. All three major credit reporting agencies in the United States have Fraud Assistance programs, with toll free telephone numbers. Report the theft of your credit cards and request that your account be flagged to all three of the following companies:

Equifax Credit Information Services, Consumer Fraud Division, P.O. Box 740250, Atlanta, GA 30374. Tel: (800) 525-6285 Fax (770) 612-2518  www.equifax.com

TransUnion Fraud Victim Assistance, P.O. Box 6790, Fullerton, CA 92634. Tel: (800) 680-7289 Fax: (714) 447-6034 www.tuc.com

Experian,  Consumer Fraud Assistance, P.O. Box 1017, Allen, TX 75013 Tel: (888) 397-3742, Fax: (214) 390-3527 www.experian.com

The Free File Disclosure Rule under the Fair and Accurate Credit Transactions Act (FACT Act) becomes effective on December 1, 2004.  The Rule requires each of the three nationwide consumer reporting companies Equifax, Experian, and TransUnion  to provide consumers with a free copy of their credit report, at their request, once every 12 months.

An amendment to the federal Fair Credit Reporting Act (FCRA) requires each of the nationwide consumer reporting companies to provide you with a free copy of your credit report, at your request, once every 12 months. (www.ftc.gov/bcp/conline/pubs/credit/freereports.htm) outlines the nine month roll-out period beginning with the Western states on December1, 2004; explains the ordering process by Web, toll-free telephone number, and postal address; gives general information; and includes a copy of the standard credit report request form.  The publication also will be available in Spanish.

ID theft victims, officials call for more protection 03/27/05

 

  • HB 6169 of 2004 (PA 457 of 2004)
    Criminal procedure; sentencing guidelines; sentencing guidelines for crimes of identity theft and obtaining, possessing, or transferring personal identifying information of another with intent to commit identity theft; establish. Amends secs. 14h & 16o, ch. XVII of 1927 PA 175 (MCL 777.14h & 777.16o).

  • HB 6172 of 2004 (PA 458 of 2004)
    Criminal procedure; statute of limitations; tolling of statute of limitations in certain cases of or related to identity theft; provide for. Amends sec. 24, ch. VII of 1927 PA 175 (MCL 767.24).

  • HB 6174 of 2004 (PA 459 of 2004)
    Consumer protection; privacy; certain violations of identity protection act; create remedy in Michigan consumer protection act. Amends sec. 3 of 1976 PA 331 (MCL 445.903).

  • HB 6177 of 2004 (PA 460 of 2004)
    Crimes; electronic surveillance; capturing certain personal identifying information without consent; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 539k.

  • SB 0792 of 2003 (PA 0452 of 2004)
    Consumer protection; privacy; identity theft protection act; create. Creates new act & repeals sec. 285 of 1931 PA 328 (MCL 750.285). TIE BAR WITH: SB 0793'03SB 0796'03SB 0797'03SB 0798'03

  • SB 0793 of 2003 (PA 0453 of 2004)
    Criminal procedure; jurisdiction; crime of obtaining personal identity information of another with intent to unlawfully use the information; clarify. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 10c to ch. II. TIE BAR WITH: SB 0792'03

  • SB 0798 of 2003 (PA 0455 of 2004)
    Consumer credit; other; denial of credit to identity theft victims; prohibit. Amends sec. 3 of 1976 PA 331 (MCL 445.903).

  • SB 1384 of 2004 (PA 0456 of 2004)
    Crime victims; rights; right of victim of identity theft to obtain police report of identity theft from law enforcement agency; establish. Amends 1985 PA 87 (MCL 780.751 - 780.834) by adding secs. 4a, 33b & 64a. TIE BAR WITH: SB 0794'03

These bills make it easier to prosecute identity thieves by:

- Strengthening the definition of identity theft (SB 792)
- Expanding jurisdiction options (SB 793)
- Extending the statute of limitations (SB 803)

They also help prevent identity theft by limiting how social security numbers can be used, since improper use of SSNs is one of the primary ways identity theft occurs, specifically: (SB 795 and 657)

- Prohibiting the public display of SSNs
- Prohibiting the printing of SSNs on health care cards, school ID cards and other cards, badges, permits or licenses
- Encouraging privacy policies addressing the use and disposal of documents with SSNs
- Limiting a company’s right to require a customer to disclose his/her SSN.

Recent Legislation

SB 309 of 2005 would require businesses to notify customers when their personal information has been hacked or otherwise improperly revealed. This is a growing national problem, and this legislation that could help stem the harm caused by identity theft. Michigan consumers should have the right to know when the security of their personal information has been breached. 

SB 377 of 2005 would to give Michigan consumers more control over their credit reports. The bill would allow consumers to place a "security freeze" on their credit files. By placing a security freeze on your credit file, identity thieves can't get credit in your name even if they have your Social Security number or other sensitive information. With a security freeze in place, if a thief applies for credit in your name, the creditor will be prevented from viewing your credit report. As a result the imposter's application will be denied, stopping the thief in his tracks. Should you wish to apply for credit, you will be able to use a special password to temporarily lift the freeze and allow a creditor to review your credit file. Four states already have enacted security freeze laws - Louisiana, California, Texas and Vermont.

SB 0539 of 2005
Consumer protection; privacy; employer requirement for use of social security number to access a computerized system; prohibit. Amends sec. 3 of 2004 PA 454 (MCL 445.83). Prohibits display in public and use of entire social security number as the account number.

Real ID Act of 2005 as referred to the US Senate by the House (H.R. 418of 2005)

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Other reference sites

Federal Trade Commission, 877-IDTHEFT, (977-438-4338)
 www.ftc.gov, www.consumer.gov/idtheft/ www.consumer.gov/sentinel/

Identity Theft  Resource Center http://www.idtheftcenter.org/

PIRG Credit Report and Identity Theft Pages http://www.pirg.org/consumer/credit/

Identity Theft Resource Center 858-693-7935 www.idtheftcenter.org

Social Security Administration Fraud Line 800-269-0271

CheckRite 800-766-2748

ChexSystems 800-428-9623

CrossCheck 800-552-1900

National Processing Co.  (NPC) 800-262-7771

TeleCheck 800-710-9898