Identity Theft Victims

Identity Theft Victims:
Resolving Specific Problems

While dealing with problems resulting from identity theft can be time-consuming and frustrating, most victims can
resolve their cases by being assertive, organized, and knowledgeable about their legal rights. Some laws require
you to notify companies within specific time periods. Don't delay in contacting any companies to deal with these
problems, and ask for supervisors if you need more help than you're getting.

Bank Accounts and Fraudulent Withdrawals

Different laws determine your legal remedies based on the type of bank fraud you have suffered. For example,
state laws protect you against fraud committed by a thief using paper documents, like stolen or counterfeit
checks. But if the thief used an electronic fund transfer, federal law applies. Many transactions may seem to be
processed electronically but are still considered "paper" transactions. If you're not sure what type of transaction
the thief used to commit the fraud, ask the financial institution that processed the transaction.

Fraudulent Electronic Withdrawals

The Electronic Fund Transfer Act provides consumer protections for transactions involving an ATM or debit card,
or another electronic way to debit or credit an account. It also limits your liability for unauthorized electronic fund
transfers.
You have 60 days from the date your bank account statement is sent to you to report in writing any money
withdrawn from your account without your permission. This includes instances when your ATM or debit card is
"skimmed"- that is, when a thief captures your account number and PIN without your card having been lost or
stolen.

If your ATM or debit card is lost or stolen, report it immediately because the amount you can be held responsible
for depends on how quickly you report the loss.

• If you report the loss or theft within two business days of discovery, your losses are limited to $50.

• If you report the loss or theft after two business days, but within 60 days after the unauthorized electronic fund
transfer appears on your statement, you could lose up to $500 of what the thief withdraws.

• If you wait more than 60 days to report the loss or theft, you could lose all the money that was taken from your
account after the end of the 60 days.

Note: VISA and MasterCard voluntarily have agreed to limit consumers' liability for unauthorized use of their debit
cards in most instances to $50 per card, no matter how much time has elapsed since the discovery of the loss or
theft of the card.

The best way to protect yourself in the event of an error or fraudulent transaction is to call the financial institution
and follow up in writing by certified letter, return receipt requested so you can prove when the institution received
your letter. Keep a copy of the letter you send for your records.

After receiving your notification about an error on your statement, the institution generally has 10 business days
to investigate. The institution must tell you the results of its investigation within three business days after
completing it and must correct an error within one business day after determining that it occurred. If the institution
needs more time, it may take up to 45 days to complete the investigation but only if the money in dispute is
returned to your account and you are notified promptly of the credit. At the end of the investigation, if no error has
been found, the institution may take the money back if it sends you a written explanation.

Fraudulent Checks and Other "Paper" Transactions

In general, if an identity thief steals your checks or counterfeits checks from your existing bank account, stop
payment, close the account, and ask your bank to notify Chex Systems, Inc. or the check verification service with
which it does business. That way, retailers can be notified not to accept these checks. While no federal law limits
your losses if someone uses your checks with a forged signature, or uses another type of "paper" transaction
such as a demand draft, state laws may protect you. Most states hold the bank responsible for losses from such
transactions. At the same time, most states require you to take reasonable care of your account. For example,
you may be held responsible for the forgery if you fail to notify the bank in a timely manner that a check was lost
or stolen. Contact your state banking or consumer protection agency for more information.

You can contact major check verification companies directly for the following services:

To request that they notify retailers who use their databases not to accept your checks, call:
• TeleCheck at 1-800-710-9898 or 1-800-927-0188
• Certegy, Inc. (previously Equifax Check Systems) at 1-800-437-5120

To find out if the identity thief has been passing bad checks in your name, call:
• SCAN: 1-800-262-7771

If your checks are rejected by a merchant, it may be because an identity thief is using the Magnetic Information
Character Recognition (MICR) code (the numbers at the bottom of checks), your driver's license number, or
another identification number. The merchant who rejects your check should give you its check verification
company contact information so you can find out what information the thief is using. If you find that the thief is
using your MICR code, ask your bank to close your checking account, and open a new one. If you discover that
the thief is using your driver's license number or some other identification number, work with your DMV or other
identification issuing agency to get new identification with new numbers. Once you have taken the appropriate
steps, your checks should be accepted.

Note:
• The check verification company may or may not remove the information about the MICR code or the driver's
license/identification number from its database because this information may help prevent the thief from
continuing to commit fraud.

• If the checks are being passed on a new account, contact the bank to close the account. Also contact Chex
Systems, Inc. to review your consumer report to make sure that no other bank accounts have been opened in
your name.

• Dispute any bad checks passed in your name with merchants so they don't start any collections actions against
you.

Fraudulent New Accounts

If you have trouble opening a new checking account, it may be because an identity thief has been opening
accounts in your name. Chex Systems, Inc. produces consumer reports specifically about checking accounts, and
as a consumer reporting company, is subject to the Fair Credit Reporting Act. You can request a free copy of
your consumer report by contacting Chex Systems, Inc. If you find inaccurate information on your consumer
report, follow the procedures under Correcting Fraudulent Information in Credit Reports to dispute it. Contact
each of the banks where account inquiries were made, too. This will help ensure that any fraudulently opened
accounts are closed.

Chex Systems, Inc.: 1-800-428-9623; www.chexhelp.com
Fax: 602-659-2197
Chex Systems, Inc.
Attn: Consumer Relations
7805 Hudson Road, Suite 100
Woodbury, MN 55125

Bankruptcy Fraud

If you believe someone has filed for bankruptcy in your name, write to the U.S. Trustee in the region where the
bankruptcy was filed. A list of the U.S. Trustee Programs' Regional Offices is available at www.usdoj.gov/ust, or
check the Blue Pages of your phone book under U.S. Government Bankruptcy Administration.

In your letter, describe the situation and provide proof of your identity. The U.S. Trustee will make a criminal
referral to law enforcement authorities if you provide appropriate 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. That means you may
need to hire an attorney to help convince the bankruptcy court that the filing is fraudulent. The U.S. Trustee does
not provide consumers with copies of court documents. You can get them from the bankruptcy clerk's office for a
fee.

Correcting Fraudulent Information in Credit Reports

The Fair Credit Reporting Act (FCRA) establishes procedures for correcting fraudulent information on your credit
report and requires that your report be made available only for certain legitimate business needs.

Under the FCRA, both the consumer reporting company and the information provider (the business that sent the
information to the consumer reporting company), such as a bank or credit card company, are responsible for
correcting fraudulent information in your report. To protect your rights under the law, contact both the consumer
reporting company and the information provider.

Consumer Reporting Company Obligations

Consumer reporting companies will block fraudulent information from appearing on your credit report if you take
the following steps: Send them a copy of an identity theft report and a letter telling them what information is
fraudulent. The letter also should state that the information does not relate to any transaction that you made or
authorized. In addition, provide proof of your identity that may include your Social Security number, name,
address, and other personal information requested by the consumer reporting company.

The consumer reporting company has four business days to block the fraudulent information after accepting your
identity theft report. It also must tell the information provider that it has blocked the information. The consumer
reporting company may refuse to block the information or remove the block if, for example, you have not told the
truth about your identity theft. If the consumer reporting company removes the block or refuses to place the block,
it must let you know.

The blocking process is only one way for identity theft victims to deal with fraudulent information. There's also the
"reinvestigation process," which was designed to help all consumers dispute errors or inaccuracies on their credit
reports.

Information Provider Obligations

Information providers stop reporting fraudulent information to the consumer reporting companies once you send
them an identity theft report and a letter explaining that the information that they're reporting resulted from identity
theft. But you must send your identity theft report and letter to the address specified by the information provider.
Note that the information provider may continue to report the information if it later learns that the information does
not result from identity theft.

If a consumer reporting company tells an information provider that it has blocked fraudulent information in your
credit report, the information provider may not continue to report that information to the consumer reporting
company. The information provider also may not hire someone to collect the debt that relates to the fraudulent
account, or sell that debt to anyone else who would try to collect it.