This booklet reprinted with permission by the Federal Trade Commission.

FDICFederal Deposit Insurance Corporation

LISTEN TO THESE CONSUMERS . . .

Someone used my Social Security number to get credit inmy name. This has caused a lot of problems. I have beenturned down for jobs, credit, and refinancing offers. Thisis stressful and embarrassing. I want to open my ownbusiness, but it may be impossible with this unresolvedproblem 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 creditcard accounts. All the accounts are in collections. I had no idea thiswas 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 Securitynumber 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 forcredit cards in their name and charged nearly$20,000. Two of the card companies havecleared my parents�s name, but the third hasturned the account over to a collection agency.The agency doesn�t believe Mom and Dad didn�tauthorize the account. What can we do to stopthe debt collector?

From a consumer complaint to the FTC, October 7, 1999

Table of Contents

Introduction .................................................................................1

How Identity Theft Occurs ............................................................2

Minimize Your Risk ......................................................................3

Choosing to Share Personal Information � or Not ..........................5Credit Bureaus .........................................................................5Departments of Motor Vehicles .................................................5Direct Marketers ......................................................................6

If You�re a Victim .........................................................................7Your First Three Steps ...............................................................7Your Next Steps .......................................................................9

Where There�s Help ...................................................................11Federal Clearinghouse for Consumer Complaints ....................11Federal Laws .........................................................................11State Laws .............................................................................12

Resolving Credit Problems ..........................................................13Credit Reports ........................................................................13Credit Cards..........................................................................15Debt Collectors ......................................................................15ATM Cards, Debit Cards and Electronic Fund Transfers ............16

Resources ..................................................................................18Federal Government ..............................................................18State and Local Governments .................................................21Credit Bureaus .......................................................................21

1

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In the course of a busy day,you may write a check at thegrocery store, charge tickets

to a ball game, rent a car, mailyour tax returns, call home onyour cell phone, order newchecks or apply for a credit card.Chances are you don�t give theseeveryday transactions a secondthought. But someone else may.

The 1990�s spawned a newvariety of crooks called identitythieves. Their stock in trade areyour everyday transactions. Eachtransaction requires you to sharepersonal information: your bankand credit card account numbers;your income; your Social Secu-rity number (SSN); and yourname, address and phone num-bers. An identity thief co-optssome piece of your personalinformation and appropriates itwithout your knowledge tocommit fraud or theft. An all-too-common example is when anidentity thief uses your personalinformation to open a credit cardaccount in your name.

Can you completely preventidentity theft from occurring?Probably not, especially ifsomeone is determined tocommit the crime. But you canminimize your risk by managingyour personal informationwisely, cautiously and withheightened sensitivity.

The Congress of the UnitedStates asked the Federal Trade

Commission to provide informa-tion to consumers about identitytheft and to take complaints fromthose whose identities have beenstolen. If you�ve been a victim ofidentity theft, you can call theFTC�s Identity Theft Hotlinetoll-free at 1-877-IDTHEFT(438-4338). The FTC puts yourinformation into a secure con-sumer fraud database and may,in appropriate instances, share itwith other law enforcementagencies.

The FTC, working in con-junction with other governmentagencies, has produced thisbooklet to help you guard againstand recover from identity theft.

Introduction

2

Despite your best effortsto manage the flow ofyour personal informa-

tion or to keep it to yourself,skilled identity thieves may use avariety of methods � low- andhi-tech � to gain access to yourdata. Here are some of the waysimposters can get your personalinformation and take over youridentity.

How identity thieves get yourpersonal information:

They steal wallets and pursescontaining your identificationand credit and bank cards.

They steal your mail, includingyour bank and credit cardstatements, pre-approvedcredit offers, telephone callingcards and tax information.

They complete a �change ofaddress form� to divert yourmail to another location.

They rummage through yourtrash, or the trash of busi-nesses, for personal data in apractice known as �dumpsterdiving.�

They fraudulently obtain yourcredit report by posing as alandlord, employer or some-one else who may have alegitimate need for � and alegal right to � the information.

They get your business or person-nel records at work.

They find personal information inyour home.

They use personal informationyou share on the Internet.

They buy your personal infor-mation from �inside� sources.For example, an identity thiefmay pay a store employeefor information about youthat appears on an applica-tion for goods, services orcredit.

How identity thieves useyour personal information:

They call your credit cardissuer and, pretending to beyou, ask to change themailing address on yourcredit card account. Theimposter then runs upcharges on your account.Because your bills are beingsent to the new address, itmay take some time beforeyou realize there�s a prob-lem.

They open a new credit cardaccount, using your name,date of birth and SSN.When they use the creditcard and don�t pay the bills,the delinquent account isreported on your creditreport.

They establish phone orwireless service in yourname.

They open a bank account inyour name and write badchecks on that account.

They file for bankruptcy underyour name to avoid payingdebts they�ve incurred underyour name, or to avoideviction.

They counterfeit checks ordebit cards, and drain yourbank account.

They buy cars by taking outauto loans in your name.

How Identity Theft Occurs

3

While you probablycan�t prevent identitytheft entirely, you can

minimize your risk. By manag-ing your personal informationwisely, cautiously and with anawareness of the issue, you canhelp guard against identity theft:

� Before you reveal any person-ally identifying information,find out how it will be usedand whether it will be sharedwith others. Ask if you have achoice about the use of yourinformation: can you chooseto have it kept confidential?

� Pay attention to your billingcycles. Follow up with credi-tors if your bills don�t arriveon time. A missing credit cardbill could mean an identitythief has taken over yourcredit card account andchanged your billing addressto cover his tracks.

� Guard your mail from theft.Deposit outgoing mail in postoffice collection boxes or atyour local post office.Promptly remove mail fromyour mailbox after it has beendelivered.

� Put passwords on your creditcard, bank and phone ac-counts. Avoid using easilyavailable information likeyour mother�s maiden name,your birth date, the last fourdigits of your SSN or yourphone number, or a series ofconsecutive numbers.

Minimize Your Risk

� Minimize the identificationinformation and the number ofcards you carry to what you�llactually need.

� Do not give out personalinformation on the phone,through the mail or over theInternet unless you haveinitiated the contact or knowwho you�re dealing with.Identity thieves may pose asrepresentatives of banks,Internet service providers andeven government agencies toget you to reveal your SSN,mother�s maiden name,financial account numbers andother identifying information.Legitimate organizations withwhom you do business have

the information they need andwill not ask you for it.

� Keep items with personalinformation in a safe place. Tothwart an identity thief whomay pick through your trash tocapture your personal infor-mation, tear or shred yourcharge receipts, copies ofcredit applications, insuranceforms, bank checks andstatements that you are dis-carding, expired charge cardsand credit offers you get in themail.

� Be cautious about where youleave personal information inyour home, especially if youhave roommates, employ

4

outside help or are havingservice work done in yourhome.

� Find out who has access toyour personal information atwork and verify that therecords are kept in a securelocation.

� Give your SSN only whenabsolutely necessary. Ask touse other types of identifierswhen possible.

� Don�t carry your SSN card;leave it in a secure place.

� Order a copy of your creditreport from each of the threemajor credit reporting agen-cies every year. Make sure it isaccurate and includes onlythose activities you�ve autho-rized. The law allows creditbureaus to charge you up to$8.50 for a copy of your creditreport.

Your credit report containsinformation on where you workand live, the credit accounts thathave been opened in your name,how you pay your bills andwhether you�ve been sued,arrested or filed for bankruptcy.Checking your report on aregular basis can help you catchmistakes and fraud before theywreak havoc on your personalfinances. See �Credit Reports�on page 13 for details aboutremoving fraudulent and inaccu-rate information from your creditreport.

CREDIT BUREAUS

Equifax � www.equifax.comTo order your report, call: 800-685-1111 or write:P.O. Box 740241, Atlanta, GA 30374-0241To report fraud, call: 800-525-6285 and write:P.O. Box 740241, Atlanta, GA 30374-0241

Experian � www.experian.comTo order your report, call: 888-EXPERIAN (397-3742) orwrite: P.O. Box 949, Allen TX 75013-0949To report fraud, call: 888-EXPERIAN (397-3742) and write:P.O. Box 949, Allen TX 75013-0949

Trans Union � www.tuc.comTo order your report, call: 800-916-8800 or write:760 Sproul Road, P.O. Box 390, Springfield, PA 19064-0390To report fraud, call: 800-680-7289 and write:Fraud Victim Assistance Division, P.O. Box 6790, Fullerton,CA 92634

Your employer and financialinstitution will likely need yourSSN for wage and tax report-ing purposes. Other privatebusinesses may ask you foryour SSN to do a credit check,such as when you apply for acar loan. Sometimes, however,they simply want your SSN forgeneral record keeping. Youdon�t have to give a businessyour SSN just because theyask for it. If someone asks foryour SSN, ask the followingquestions:

� Why do you need my SSN?

� How will my SSN beused?

� What law requires me togive you my SSN?

� What will happen if I don�tgive you my SSN?

Sometimes a business maynot provide you with theservice or benefit you�reseeking if you don�t provideyour SSN. Getting answers tothese questions will help youdecide whether you want toshare your SSN with thebusiness. Remember, though,that the decision is yours.

A SPECIAL WORD ABOUT SOCIAL SECURITY NUMBERS

5

237�287

237�287

237�287What happens to the

personal informationyou provide to com-

panies, marketers and govern-ment agencies? They may useyour information just to processyour order. They may use it tocreate a profile about you andthen let you know about prod-ucts, services or promotions. Orthey may share your informationwith others. More organizationsare offering consumers choicesabout how their personal infor-mation is used. For example,many let you �opt out� of havingyour information shared withothers or used for promotionalpurposes.

You can learn more about thechoices you have to protect yourpersonal information from creditbureaus, state Departments ofMotor Vehicles and directmarketers.

Credit Bureaus

Pre-Screened Credit OffersIf you receive pre-screenedcredit card offers in the mail(namely, those based upon yourcredit data), but don�t tear themup after you decide you don�twant to accept the offer, identitythieves may retrieve the offersfor their own use without yourknowledge.

Choosing to Share YourPersonal Information � or Not

6

To opt out of receiving pre-screened credit card offers, call:1-888-5-OPTOUT (1-888-567-8688). The three major creditbureaus use the same toll-freenumber to let consumers choosenot to receive pre-screenedcredit offers.

Marketing ListsOf the three major credit bu-reaus, only Experian offersconsumers the opportunity tohave their names removed fromlists that are used for marketingand promotional purposes. Tohave your name removed fromExperian�s marketing lists, call1-800-407-1088.

Departments ofMotor VehiclesTake a look at your driver�slicense. All the personal infor-mation on it � and more � is onfile with your state Departmentof Motor Vehicles (DMV). Astate DMV may distribute yourpersonal information for lawenforcement, driver safety orinsurance underwriting purposes,but you may have the right tochoose not to have the DMVdistribute your personal informa-tion for other purposes, includingfor direct marketing.

Not every DMV distributespersonal information for directmarketing or other purposes. Youmay be able to opt out if yourstate DMV distributes personalinformation for these purposes.Contact your state DMV formore information.

Direct MarketersThe Direct MarketingAssociation�s (DMA) Mail,E-mail and Telephone PreferenceServices allow consumers to optout of direct mail marketing,e-mail marketing and/ortelemarketing solicitations frommany national companies.Because your name will not beon their lists, it also means thatthese companies can�t rent orsell your name to other compa-nies.

To remove your name frommany national direct mail lists,write:

DMA Mail Preference ServiceP.O. Box 9008Farmingdale, NY 11735-9008

To remove your e-mail addressfrom many national direct e-maillists, visit www.e-mps.org

To avoid unwanted phone callsfrom many national marketers,send your name, address, andtelephone number to:

DMA Telephone Preference ServiceP.O. Box 9014Farmingdale, NY 11735-9014

For more information, visitwww.the-dma.org

7

Sometimes an identity thiefcan strike even if you�vebeen very careful about

keeping your personal informa-tion to yourself. If you suspectthat your personal informationhas been hijacked and misappro-priated to commit fraud or theft,take action immediately, andkeep a record of your conversa-tions and correspondence. Youmay want to use the form onpage 8. Exactly which steps youshould take to protect yourselfdepends on your circumstancesand how your identity has beenmisused. However, three basicactions are appropriate in almostevery case.

Your First Three StepsFirst, contact the fraud depart-ments of each of the threemajor credit bureaus.

Tell them that you�re anidentity theft victim. Requestthat a �fraud alert� be placed inyour file, as well as a victim�sstatement asking that creditorscall you before opening any newaccounts or changing yourexisting accounts. This can helpprevent an identity thief fromopening additional accounts inyour name.

At the same time, ask thecredit bureaus for copies of yourcredit reports. Credit bureausmust give you a free copy ofyour report if your report isinaccurate because of fraud.Review your reports carefully tomake sure no additional fraudu-lent accounts have been openedin your name or unauthorizedchanges made to your existingaccounts. Also, check the sectionof your report that lists �inquir-

If You�re a Victim

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ies.� Where �inquiries� appearfrom the company(ies) thatopened the fraudulentaccount(s), request that these�inquiries� be removed fromyour report. (See �Credit Re-ports� on page 13 for moreinformation.) In a few months,order new copies of your reportsto verify your corrections andchanges, and to make sure nonew fraudulent activity hasoccurred.

Second, contact the credi-tors for any accounts that havebeen tampered with or openedfraudulently.

Creditors can include creditcard companies, phone compa-nies and other utilities, andbanks and other lenders. Ask tospeak with someone in thesecurity or fraud department ofeach creditor, and follow up witha letter. It�s particularly impor-tant to notify credit card compa-nies in writing because that�s theconsumer protection procedurethe law (Fair Credit Billing Act)spells out for resolving errors oncredit card billing statements.Immediately close accounts thathave been tampered with andopen new ones with new Per-sonal Identification Numbers(PINs) and passwords. Hereagain, avoid using easily avail-able information like yourmother�s maiden name, yourbirth date, the last four digits ofyour SSN or your phone number,or a series of consecutive num-bers.

Third, file a report withyour local police or the policein the community where theidentity theft took place.

Get a copy of the police

report in case the bank, creditcard company or others needproof of the crime. Even if thepolice can�t catch the identitythief in your case, having a copyof the police report can help youwhen dealing with creditors.

Your Next StepsAlthough there�s no questionthat identity thieves can wreakhavoc on your personal finances,there are some things you can doto take control of the situation.For example:

� Stolen mail. If an identitythief has stolen your mail toget new credit cards, bank andcredit card statements, pre-screened credit offers or taxinformation, or if an identitythief has falsified change-of-address forms, that�s a crime.Report it to your local postalinspector. Contact your localpost office for the phonenumber for the nearest postalinspection service office orcheck the Postal Service website at www.usps.gov/websites/depart/inspect

� Change of address on creditcard accounts. If you dis-cover that an identity thief haschanged the billing address onan existing credit card ac-count, close the account.When you open a new ac-count, ask that a password beused before any inquiries orchanges can be made on theaccount. Avoid using easilyavailable information likeyour mother�s maiden name,your birth date, the last fourdigits of your SSN or your

phone number, or a series ofconsecutive numbers. Avoidthe same information andnumbers when you create aPIN.

� Bank accounts. If you havereason to believe that anidentity thief has tamperedwith your bank accounts,checks or ATM card, close theaccounts immediately. Whenyou open new accounts, insiston password-only access tominimize the chance that anidentity thief can violate theaccounts.

In addition, if your checkshave been stolen or misused,stop payment. Also contactthe major check verificationcompanies to request that theynotify retailers using theirdatabases not to accept thesechecks, or ask your bank tonotify the check verificationservice with which it doesbusiness. Three of the checkverification companies thataccept reports of check frauddirectly from consumers are:

Telecheck: 1-800-710-9898International Check Services: 1-800-631-9656Equifax: 1-800-437-5120

If your ATM card has beenlost, stolen or otherwisecompromised, cancel the cardas soon as you can and getanother with a new PIN.

� Investments. If you believethat an identity thief hastampered with your securitiesinvestments or a brokerage

10

SHOULD I APPLY FOR ANEW SOCIAL SECURITY

NUMBER?

Under certain circum-stances, SSA may issueyou a new SSN � at yourrequest � if, after trying toresolve the problemsbrought on by identitytheft, you continue toexperience problems.Consider this optioncarefully. A new SSN maynot resolve your identitytheft problems, and mayactually create new prob-lems. For example, a newSSN does not necessarilyensure a new creditrecord because creditbureaus may combine thecredit records from yourold SSN with those fromyour new SSN. Even whenthe old credit informationis not associated with yournew SSN, the absence ofany credit history underyour new SSN may makeit more difficult for you toget credit. And finally,there�s no guarantee thata new SSN wouldn�t alsobe misused by an identitythief.

account, immediately report itto your broker or accountmanager and to the Securitiesand Exchange Commission.

� Phone service. If an identitythief has established newphone service in your name; ismaking unauthorized calls thatseem to come from � and arebilled to � your cellular phone;or is using your calling cardand PIN, contact your serviceprovider immediately tocancel the account and/orcalling card. Open newaccounts and choose newPINs.

If you are having troublegetting fraudulent phonecharges removed from youraccount, contact your statePublic Utility Commission forlocal service providers or theFederal CommunicationsCommission for long-distanceservice providers and cellularproviders at www.fcc.gov/ccb/enforce/complaints.html or1-888-CALL-FCC.

� Employment. If you believesomeone is using your SSN toapply for a job or to work,that�s a crime. Report it to theSSA�s Fraud Hotline at 1-800-269-0271. Also call SSA at 1-800-772-1213 to verify theaccuracy of the earningsreported on your SSN, and torequest a copy of your SocialSecurity Statement.

� Driver�s license. If yoususpect that your name or SSNis being used by an identity

thief to get a driver�s licenseor a non-driver�s ID card,contact your Department ofMotor Vehicles. If your stateuses your SSN as your driver�slicense number, ask to substi-tute another number.

� Bankruptcy. If you believesomeone has filed for bank-ruptcy using your name, writeto the U.S. Trustee in theRegion where the bankruptcywas filed. A listing of the U.S.Trustee Program�s Regionscan be found atwww.usdoj.gov/ust, or lookin the Blue Pages of yourphone book under U.S. Gov-ernment � Bankruptcy Admin-istration.

Your letter should describe thesituation and provide proof ofyour identity. The U.S.Trustee, if appropriate, willmake a referral to criminallaw enforcement authorities ifyou provide appropriatedocumentation to substantiateyour claim. You also maywant to file a complaint withthe U.S. Attorney and/or theFBI in the city where thebankruptcy was filed.

� Criminal records/arrests. Inrare instances, an identity thiefmay create a criminal recordunder your name. For ex-ample, your imposter maygive your name when beingarrested. If this happens toyou, you may need to hire anattorney to help resolve theproblem. The procedures forclearing your name vary byjurisdiction.

11

Where There�s Help...

The FTC collects com-plaints about identity theftfrom consumers who have

been victimized. Although theFTC does not have the authorityto bring criminal cases, theCommission can help victimsof identity theft byproviding informa-tion to assistthem inresolving thefinancial andother problemsthat can resultfrom this crime. The FTC alsorefers victim complaints to otherappropriate government agenciesand private organizations forfurther action.

If you�ve been a victim ofidentity theft, file a complaintwith the FTC by contacting theFTC�s Identity Theft Hotline bytelephone: toll-free 1-877-IDTHEFT (438-4338); TDD:202-326-2502; by mail: IdentityTheft Clearinghouse, FederalTrade Commission, 600 Pennsyl-vania Avenue, NW, Washington,DC 20580; or online:www.consumer.gov/idtheft

Other agencies and organiza-tions also are working to combatidentity theft. If specific institu-tions and companies are notbeing responsive to your ques-tions and complaints, you alsomay want to contact the govern-ment agencies with jurisdictionover those companies. They arelisted in the Resources section ofthis booklet on page 18.

Federal LawsThe Federal government andnumerous states have passed

Identity Theft and Assumption DeterrenceAct of 1998

The Identity Theft and Assumption Deterrence Actmakes it a federal crime when someone:

�knowingly transfers or uses, without lawfulauthority, a means of identification of anotherperson with the intent to commit, or to aid orabet, any unlawful activity that constitutes aviolation of federal law, or that constitutes afelony under any applicable state or local law.�

Note that under the Act, a name or SSN is consid-ered a �means of identification.� So is a credit cardnumber, cellular telephone electronic serial numberor any other piece of information that may be usedalone or in conjunction with other information toidentify a specific individual.

12

laws that address the problem ofidentity theft.

The Identity Theft andAssumption Deterrence Act,enacted by Congress in October1998 (and codified, in part, at 18U.S.C. §1028) is the federal lawdirected at identity theft. (Seebox on page 11.)

Violations of the Act areinvestigated by federal lawenforcement agencies, includingthe U.S. Secret Service, the FBI,the U.S. Postal InspectionService and SSA�s Office of theInspector General. Federalidentity theft cases are pros-ecuted by the U.S. Departmentof Justice.

In most instances, a convic-tion for identity theft carries amaximum penalty of 15 yearsimprisonment, a fine and forfei-ture of any personal propertyused or intended to be used tocommit the crime. The Act alsodirects the U.S. SentencingCommission to review andamend the federal sentencingguidelines to provide appropriatepenalties for those personsconvicted of identity theft.

Schemes to commit identitytheft or fraud also may involveviolations of other statutes, suchas credit card fraud; computerfraud; mail fraud; wire fraud;financial institution fraud; orSocial Security fraud. Each ofthese federal offenses is a felonyand carries substantial penalties� in some cases, as high as 30years in prison, fines and crimi-nal forfeiture.

State LawsMany states have passed lawsrelated to identity theft; othersmay be considering such legisla-tion. Where specific identity theftlaws do not exist, the practicesmay be prohibited under otherlaws. Contact your State Attor-ney General�s office or localconsumer protection agency tofind out whether your state haslaws related to identity theft, orvisit www.consumer.gov/idtheft

State laws that had beenenacted at the time of thisbooklet�s publication are listedbelow.

ArizonaAriz. Rev. Stat. § 13-2708

ArkansasArk. Code Ann. § 5-37-227

CaliforniaCal. Penal Code § 530.5

Connecticut1999 Conn. Acts 99

GeorgiaGa. Code Ann. §§ 121-127

IdahoIdaho Code § 28-3126

Illinois720 ILCS 5/16G

IowaIowa Code § 715A8

KansasKan. Stat. Ann. § 21-4108

MarylandMd. Ann. Code art. 27 § 231

MassachusettsMass. Gen. Laws ch. 266 § 37E

MississippiMiss. Code Ann. § 97-19-85

MissouriMo. Rev. Stat. § 570.223

New JerseyN.J. Stat. Ann. § 2C:21-17

North DakotaN.D.C.C. § 12.1-23-11

OhioOhio Rev. Code Ann. 2913

OklahomaOkla. Stat. tit. 21, § 1533.1

TennesseeTenn. Code Ann. § 39-14-150

TexasTex. Penal Code § 32.51

WashingtonWash. Rev. Code § 9.35

West VirginiaW. Va. Code § 61-3-54

WisconsinWis. Stat. § 943.201

13

Resolving credit problemsresulting from identitytheft can be time-con-

suming and frustrating. The goodnews is that there are federallaws that establish proceduresfor correcting credit report errorsand billing errors, and forstopping debt collectors fromcontacting you about debts youdon�t owe.

Here is a brief summary ofyour rights, and what to do toclear up credit problems thatresult from identity theft.

Credit ReportsThe Fair Credit Reporting Act(FCRA) establishes proceduresfor correcting mistakes on yourcredit record and requires thatyour record be made availableonly for certain legitimatebusiness needs.

Under the FCRA, both thecredit bureau and the organiza-tion that provided the informa-tion to the credit bureau (the�information provider�), such asa bank or credit card company,are responsible for correctinginaccurate or incomplete infor-mation in your report. To protectyour rights under the law, con-tact both the credit bureau andthe information provider.

First, call the credit bureauand follow up in writing. Tellthem what information youbelieve is inaccurate. Includecopies (NOT originals) ofdocuments that support yourposition. In addition to providingyour complete name and ad-dress, your letter should clearlyidentify each item in your reportthat you dispute, give the factsand explain why you dispute the

Resolving Credit Problems

14

information, and request deletionor correction. You may want toenclose a copy of your reportwith circles around the items inquestion. Your letter may looksomething like the sample atright. Send your letter by certi-fied mail, and request a returnreceipt so you can documentwhat the credit bureau receivedand when. Keep copies of yourdispute letter and enclosures.

Credit bureaus must investi-gate the items in question �usually within 30 days � unlessthey consider your disputefrivolous. They also must for-ward all relevant data youprovide about the dispute to theinformation provider. After theinformation provider receivesnotice of a dispute from thecredit bureau, it must investi-gate, review all relevant infor-mation provided by the creditbureau and report the results tothe credit bureau. If the informa-tion provider finds the disputedinformation to be inaccurate, itmust notify all nationwide creditbureaus so they can correct thisinformation in your file. Notethat:

� Disputed information thatcannot be verified must bedeleted from your file.

� If your report contains errone-ous information, the creditbureau must correct it.

� If an item is incomplete, thecredit bureau must completeit. For example, if your fileshows that you have been latemaking payments, but fails toshow that you are no longer

delinquent, the credit bureaumust show that you�re current.

� If your file shows an accountthat belongs to someone else,the credit bureau must delete it.

When the investigation iscomplete, the credit bureau mustgive you the written results and afree copy of your report if thedispute results in a change. If anitem is changed or removed, thecredit bureau cannot put the

SAMPLE DISPUTE LETTER � CREDIT BUREAU

Date

Your NameYour AddressYour City, State, Zip Code

Complaint DepartmentName of Credit BureauAddressCity, State, Zip Code

Dear Sir or Madam:

I am writing to dispute the following information in myfile. The items I dispute also are circled on the attachedcopy of the report I received. (Identify item(s) disputed byname of source, such as creditors or tax court, andidentify type of item, such as credit account, judgment,etc.)

This item is (inaccurate or incomplete) because (describewhat is inaccurate or incomplete and why). I am request-ing that the item be deleted (or request another specificchange) to correct the information.

Enclosed are copies of (use this sentence if applicableand describe any enclosed documentation, such aspayment records, court documents) supporting myposition. Please investigate this (these) matter(s) and(delete or correct) the disputed item(s) as soon as pos-sible.

Sincerely,Your name

Enclosures: (List what you are enclosing.)

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SAMPLE DISPUTE LETTER � CREDIT CARD ISSUERS

Date

Your NameYour AddressYour City, State, Zip CodeYour Account Number

Name of CreditorBilling InquiriesAddressCity, 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 becorrected, that any finance and other charges related tothe disputed amount be credited as well, and that I receivean accurate statement.

Enclosed are copies of (use this sentence to describe anyenclosed information, such as sales slips, payment records)supporting my position. Please investigate this matter andcorrect the billing error as soon as possible.

Sincerely,

Your name

Enclosures: (List what you are enclosing.)

disputed information back inyour file unless the informationprovider verifies its accuracy andcompleteness, and the creditbureau gives you a written noticethat includes the name, addressand phone number of the infor-mation provider.

If you request, the creditbureau must send notices ofcorrections to anyone whoreceived your report in the pastsix months. Job applicants canhave a corrected copy of theirreport sent to anyone whoreceived a copy during the pasttwo years for employmentpurposes. If an investigation doesnot resolve your dispute, ask thecredit bureau to include yourstatement of the dispute in yourfile and in future reports.

Second, in addition to writingto the credit bureau, tell thecreditor or other informationprovider in writing that youdispute an item. Again, includecopies (NOT originals) ofdocuments that support yourposition. Many informationproviders specify an address fordisputes. If the informationprovider then reports the item toany credit bureau, it must includea notice of your dispute. Inaddition, if you are correct � thatis, if the disputed information isnot accurate � the informationprovider may not use it again.For more information, consultHow to Dispute Credit ReportErrors and Fair Credit Report-ing, two brochures availablefrom the FTC or atwww.consumer.gov/idtheft

Credit CardsThe Fair Credit Billing Actestablishes procedures forresolving billing errors on yourcredit card accounts. It alsolimits your liability for unautho-rized credit card charges in mostcases to $50 per card.

The Act�s settlement proce-dures apply to disputes about�billing errors.� This includesfraudulent charges on youraccounts.

To take advantage of thelaw�s consumer protections, youmust:

� write to the creditor at theaddress given for �billinginquiries,� not the address forsending your payments.Include your name, address,account number and a de-scription of the billing error,including the amount and dateof the error. Your letter may

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look something like thesample on page 15.

� send your letter so that itreaches the creditor within 60days after the first bill con-taining the error was mailedto you. If the address on youraccount was changed by anidentity thief and you neverreceived the bill, your disputeletter still must reach thecreditor within 60 days ofwhen the creditor would havemailed the bill. This is whyit�s so important to keep trackof your billing statements andimmediately follow up whenyour bills don�t arrive on time.

Send your letter by certifiedmail, and request a return re-ceipt. This will be your proof ofthe date the creditor received theletter. Include copies (NOToriginals) of sales slips or otherdocuments that support yourposition. Keep a copy of yourdispute letter.

The creditor must acknowl-edge your complaint in writingwithin 30 days after receiving it,unless the problem has beenresolved. The creditor mustresolve the dispute within twobilling cycles (but not more than90 days) after receiving yourletter.

For more information, seeFair Credit Billing and AvoidingCredit and Charge Card Fraud,two brochures available from theFTC or at www.consumer.gov/idtheft

Debt CollectorsThe Fair Debt Collection Prac-tices Act prohibits debt collec-

tors from using unfair or decep-tive practices to collect overduebills that a creditor has for-warded for collection.

You can stop a debt collectorfrom contacting you by writing aletter to the collection agencytelling them to stop. Once thedebt collector receives yourletter, the company may notcontact you again � with twoexceptions: they can tell youthere will be no further contactand they can tell you that thedebt collector or the creditorintends to take some specificaction.

A collector also may notcontact you if, within 30 daysafter you receive the writtennotice, you send the collectionagency a letter stating you do notowe the money. Although such aletter should stop the debtcollector�s calls, it will notnecessarily get rid of the debtitself, which may still turn up onyour credit report. In addition, acollector can renew collectionactivities if you are sent proof ofthe debt. So, along with yourletter stating you don�t owe themoney, include copies of docu-

ments that support your position.If you�re a victim of identitytheft, including a copy (NOToriginal) of the police report youfiled may be particularly useful.

For more information, consultFair Debt Collection, a brochureavailable from the FTC or atwww.consumer.gov/idtheft

ATM Cards, Debit Cardsand Electronic FundTransfersThe Electronic Fund Transfer Actprovides consumer protectionsfor transactions involving anATM or debit card or otherelectronic way to debit or creditan account. It also limits yourliability for unauthorized elec-tronic fund transfers.

It�s important to report lost orstolen ATM and debit cardsimmediately because the amountyou can be held responsible fordepends on how quickly youreport the loss.

� If you report your ATM cardlost or stolen within twobusiness days of discoveringthe loss or theft, your lossesare limited to $50.

A SPECIAL WORD ABOUT LOST OR STOLEN CHECKS

While no federal law limits your losses if someone stealsyour checks and forges your signature, state laws protectyou. Most states hold the bank responsible for losses froma forged check. At the same time, however, most statesrequire you to take reasonable care of your account. Forexample, you may be held responsible for the forgery ifyou fail to notify the bank in a timely manner that a checkwas lost or stolen. Contact your state banking or con-sumer protection agency for more information.

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� If you report your ATM cardlost or stolen after the twobusiness days, but within 60days after a statement show-ing an unauthorized elec-tronic fund transfer, you canbe liable for up to $500 ofwhat a thief withdraws.

� If you wait more than 60days, you could lose all themoney that was taken fromyour account after the end ofthe 60 days and before youreport your card missing.

The best way to protectyourself in the event of an erroror fraudulent transaction is tocall the financial institution andfollow up in writing � bycertified letter, return receiptrequested � so you can provewhen the institution receivedyour letter. Keep a copy of theletter you send for your records.

After notification about anerror on your statement, theinstitution generally has 10business days to investigate.The financial institution musttell you the results of its investi-gation within three business

days after completing it and mustcorrect an error within onebusiness day after determiningthat the error has occurred. If theinstitution needs more time, itmay take up to 45 days to com-plete the investigation � but onlyif the money in dispute is re-turned to your account and youare notified promptly of thecredit. At the end of the investi-gation, if no error has beenfound, the institution may takethe money back if it sends you awritten explanation.

Note: VISA and MasterCardvoluntarily have agreed to limitconsumers� liability for unautho-rized use of their debit cards inmost instances to $50 per card,no matter how much time haselapsed since the discovery ofthe loss or theft of the card.

For more information, consultElectronic Banking and Creditand ATM Cards: What to Do IfThey�re Lost or Stolen, twobrochures available from theFTC or at www.consumer.gov/idtheft

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Federal GovernmentFederal Trade Commission (FTC) � www.ftc.govThe FTC is the federal clearinghouse for complaints by victims of identity theft. Although the FTC doesnot have the authority to bring criminal cases, the Commission helps victims of identity theft by provid-ing them with information to help resolve the financial and other problems that can result from identitytheft. The FTC also may refer victim complaints to other appropriate government agencies and privateorganizations for action.

If you�ve been a victim of identity theft, file a complaint with the FTC by contacting the FTC�sIdentity Theft Hotline by telephone: toll-free 1-877-IDTHEFT (438-4338); TDD: 202-326-2502; bymail: Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Wash-ington, 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

Resources

19

Banking AgenciesIf you�re having trouble getting your financial institution to help you resolve your banking-relatedidentity theft problems � including problems with bank-issued credit cards � contact the agencywith the appropriate jurisdiction. If you�re not sure which agency has jurisdiction over yourinstitution, call your bank or visit www.ffiec.gov/nic/default.htm

Federal Deposit Insurance Corporation (FDIC) � www.fdic.govThe FDIC supervises state-chartered banks that are not members of the Federal Reserve Systemand insures deposits at banks and savings and loans.

Call the FDIC Consumer Call Center at 1-800-934-3342; or write: Federal Deposit InsuranceCorporation, Division of Compliance and Consumer Affairs, 550 17th Street, NW, Washington,DC 20429.

FDIC publications:� Classic Cons... And How to Counter Them � www.fdic.gov/consumers/consumer/news/

cnsprg98/cons.html� Pretext Calling and Identity Theft � www.fdic.gov/regulations/resources/fraud/Pretext.html� Your Wallet: A Loser�s Manual � www.fdic.gov/consumers/consumer/news/cnfall97/

wallet.html� A Crook Has Drained Your Account. Who Pays? � www.fdic.gov/consumers/consumer/news/

cnsprg98/crook.html

Federal Reserve System (Fed) � www.federalreserve.govThe 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.govThe NCUA charters and supervises federal credit unions and insures deposits at federal creditunions 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.govThe OCC charters and supervises national banks. If the word �national� appears in the name of abank, 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:� Check Fraud: A Guide to Avoiding Losses � www.occ.treas.gov/chckfrd/idassume.htm

Office of Thrift Supervision (OTS) � www.ots.treas.govThe OTS is the primary regulator of all federal and many state-chartered thrift institutions, whichinclude savings banks and savings and loan institutions.

Call: 202-906-6000; or write: Office of Thrift Supervision, 1700 G Street, NW, Washington,DC 20552.

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Department of Justice (DOJ) � www.usdoj.govThe DOJ and its U.S. Attorneys prosecute federal identity theft cases. Information on identity theft isavailable at www.usdoj.gov/criminal/fraud/idtheft.html

Federal Bureau of Investigation (FBI) � www.fbi.govThe 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:� Protecting Yourself Against Identity Fraud � www.fbi.gov/contact/fo/norfolk/ident.htm

Federal Communications Commission (FCC) � www.fcc.govThe FCC regulates interstate and international communications by radio, television, wire, satellite andcable. 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 atwww.fcc.gov, or e-mail questions to fccinfo@fcc.gov.

Internal Revenue Service (IRS) � www.treas.gov/irs/ciThe IRS is responsible for administering and enforcing the internal revenue laws. If you believe someonehas 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/usssThe 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 thedollar loss is substantial, your information may provide evidence of a larger pattern of fraud requiringtheir involvement. Local field offices are listed in the Blue Pages of your telephone directory.� Financial Crimes Division �

www.treas.gov/usss/financial_crimes.htm� Frequently Asked Questions: Protecting Yourself

www.treas.gov/usss/faq.htm

Social Security Administration (SSA) � www.ssa.govSSA may assign you a new SSN � at your request � if you continue to experience problems even aftertrying to resolve the problems resulting from identity theft. SSA field office employees work closely withvictims of identity theft and third parties to collect the evidence needed to assign a new SSN in thesecases.

SSA Office of the Inspector General (SSA/OIG) � The SSA/OIG is one of the federal law enforce-ment 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:� SSA Fraud Hotline for Reporting Fraud � www.ssa.gov/oig/guidelin.htm� Social Security � When Someone Misuses Your Number (SSA Pub. No. 05-10064)

www.ssa.gov/pubs/10064.html

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� Social Security � Your Number and Card (SSA Pub. No. 05-10002)www.ssa.gov/pubs/10002.html

U.S. Postal Inspection Service (USPIS) � www.usps.gov/websites/depart/inspectThe 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 allmatters infringing on the integrity of the U.S. mail. You can locate the USPIS district office nearest youby calling your local post office or checking the list at the web site above.

U.S. Securities and Exchange Commission (SEC) � www.sec.govThe SEC�s Office of Investor Education and Assistance serves investors who complain to the SEC aboutinvestment fraud or the mishandling of their investments by securities professionals. If you�ve experi-enced 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/ustIf you believe someone has filed for bankruptcy using your name, write to the U.S. Trustee in the regionwhere the bankruptcy was filed. A list of the U.S. Trustee�s Regional Offices is available on the USTweb site, or check the Blue Pages of your phone book under U.S. Government � Bankruptcy Adminis-tration. Your letter should describe the situation and provide proof of your identity. The U.S. Trustee, ifappropriate, will make a criminal referral to criminal law enforcement authorities if you provide appro-priate 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. Thatmeans you may need to hire an attorney to help convince the bankruptcy court that the filing is fraudu-lent. The U.S. Trustee does not provide consumers with copies of court documents. Those documentsare available from the bankruptcy clerk�s office for a fee.

State and Local GovernmentsMany states and local governments have passed laws related to identity theft; others may be consideringsuch legislation. Where specific identity theft laws do not exist, the practices may be prohibited underother 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, orvisit www.consumer.gov/idtheft/

Credit BureausEquifax � www.equifax.comTo order your report, call: 1-800-685-1111 or write: P.O. Box 740241, Atlanta, GA 30374-0241To report fraud, call: 1-800-525-6285 and write: P.O. Box 740241, Atlanta, GA 30374-0241

Experian � www.experian.comTo order your report, call: 1-888-EXPERIAN (397-3742) or write: P.O. Box 949, Allen TX 75013-0949To report fraud, call: 1-888-EXPERIAN (397-3742) and write: P.O. Box 949, Allen TX 75013-0949

Trans Union � www.tuc.comTo order your report, call: 800-916-8800 or write: 760 Sproul Road, P.O. Box 390, Springfield, PA19064-0390. To report fraud, call: 1-800-680-7289 and write: Fraud Victim Assistance Division, P.O.Box 6790, Fullerton, CA 92634

Toll-free 1.877.IDTHEFT

www.consumer.gov/idtheft