Credit Cards Theft in NET

Credit Cards

The Fair Credit Billing Act establishes procedures for resolving billing errors on your credit card accounts,
including fraudulent charges on your accounts. The law also limits your liability for unauthorized credit card
charges to $50 per card. To take advantage of the law's consumer protections, you must:

• write to the creditor at the address given for "billing inquiries," NOT the address for sending your payments.
Include your name, address, account number, and a description of the billing error, including the amount and date
of the error. See Sample Dispute Letter for Existing Accounts.

• send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to
you. If an identity thief changed the address on your account and you didn't receive the bill, your dispute letter still
must reach the creditor within 60 days of when the creditor would have mailed the bill. This is one reason it's
essential to keep track of your billing statements, and follow up quickly if your bills don't arrive on time.

You should send your letter by certified mail, and request a return receipt. It becomes your proof of the date the
creditor received the letter. Include copies (NOT originals) of your police report or other documents that support
your position. Keep a copy of your dispute letter.

The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has
been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after
receiving your letter.

Criminal Violations

Procedures to correct your record within criminal justice databases can vary from state to state, and even from
county to county. Some states have enacted laws with special procedures for identity theft victims to follow to
clear their names. You should check with the office of your state Attorney General, but you can use the following
information as a general guide.

If wrongful criminal violations are attributed to your name, contact the police or sheriff's department that originally
arrested the person using your identity, or the court agency that issued the warrant for the arrest. File an
impersonation report with the police/sheriff's department or the court, and confirm your identity: Ask the police
department to take a full set of your fingerprints, photograph you, and make copies of your photo identification
documents, like your driver's license, passport, or travel visa. To establish your innocence, ask the police to
compare the prints and photographs with those of the imposter.

If the arrest warrant is from a state or county other than where you live, ask your local police department to send
the impersonation report to the police department in the jurisdiction where the arrest warrant, traffic citation, or
criminal conviction originated.

The law enforcement agency should then recall any warrants and issue a "clearance letter" or "certificate of
release" (if you were arrested/booked). You'll need to keep this document with you at all times in case you're
wrongly arrested again. Ask the law enforcement agency to file the record of the follow-up investigation
establishing your innocence with the district attorney's (D.A.) office and/or court where the crime took place. This
will result in an amended complaint. Once your name is recorded in a criminal database, it's unlikely that it will be
completely removed from the official record. Ask that the "key name" or "primary name" be changed from your
name to the imposter's name (or to "John Doe" if the imposter's true identity is not known), with your name noted
as an alias.

You'll also want to clear your name in the court records. To do so, you'll need to determine which state law(s) will
help you with this and how. If your state has no formal procedure for clearing your record, contact the D.A.'s office
in the county where the case was originally prosecuted. Ask the D.A.'s office for the appropriate court records
needed to clear your name. You may need to hire a criminal defense attorney to help you clear your name.
Contact Legal Services in your state or your local bar association for help in finding an attorney.

Finally, contact your state Department of Motor Vehicles (DMV) to find out if your driver's license is being used by
the identity thief. Ask that your files be flagged for possible fraud.

Debt Collectors

The Fair Debt Collection Practices Act prohibits debt collectors from using unfair or deceptive practices to collect
overdue bills that a creditor has forwarded for collection, even if those bills don't result from identity theft.

You can stop a debt collector from contacting you in two ways:

• Write a letter to the collection agency telling them to stop. Once the debt collector receives your letter, the
company may not contact you again with two exceptions: They can tell you there will be no further contact, and
they can tell you that the debt collector or the creditor intends to take some specific action.

• Send a letter to the collection agency, within 30 days after you received written notice of the debt, telling them
that you do not owe the money. Include copies of documents that support your position. Including a copy (NOT
original) of your police report may be useful. In this case, a collector can renew collection activities only if it sends
you proof of the debt.

If you don't have documentation to support your position, be as specific as possible about why the debt collector
is mistaken. The debt collector is responsible for sending you proof that you're wrong. For example, if the debt
you're disputing originates from a credit card you never applied for, ask for a copy of the application with the
applicant's signature. Then, you can prove that it's not your signature.

If you tell the debt collector that you are a victim of identity theft and it is collecting the debt for another company,
the debt collector must tell that company that you may be a victim of identity theft.

While you can stop a debt collector from contacting you, that won't get rid of the debt itself. It's important to
contact the company that originally opened the account to dispute the debt, otherwise that company may send it
to a different debt collector, report it on your credit report, or initiate a lawsuit to collect on the debt.

Driver's License

If you think your name or Social Security number is being used by an identity thief to get a driver's license or a
non-driver's ID card, contact your state Department of Motor Vehicles (DMV). If your state DMV uses your Social
Security number as your driver's license number, ask to substitute another number.

Investment Fraud

The U.S. Securities and Exchange Commission’s (SEC) Office of Investor Education and Assistance serves
investors who complain to the SEC about investment fraud or the mishandling of their investments by securities
professionals. If you believe that an identity thief has tampered with your securities investments or a brokerage
account, immediately report it to your broker or account manager and to the SEC.

You can file a complaint with the SEC's Complaint Center at www.sec.gov/complaint.shtml. Include as much detail
as possible. If you don't have Internet access, write to the SEC at: SEC Office of Investor Education and
Assistance, 450 Fifth Street, NW, Washington DC, 20549-0213. For answers to general questions, call 202-942-
7040.

Mail Theft

The U.S. Postal Inspection Service (USPIS) is the law enforcement arm of the U.S. Postal Service and investigates
cases of identity theft. The USPIS has primary jurisdiction in all matters infringing on the integrity of the U.S. mail.
If an identity thief has stolen your mail to get new credit cards, bank or credit card statements, pre-screened credit
offers, or tax information, or has falsified change-of-address forms or obtained your personal information through
a fraud conducted by mail, report it to your local postal inspector.

You can locate the USPIS district office nearest you by calling your local post office, checking the Blue Pages of
your telephone directory, or visiting www.usps.gov/websites/depart/inspect.

Passport Fraud

If you've lost your passport, or believe it was stolen or is being used fraudulently, contact the United States
Department of State (USDS) through www.travel.state.gov/passport/passport_1738.html, or call a local USDS field
office. Local field offices are listed in the Blue Pages of your telephone directory.

Phone Fraud

If an identity thief has established phone service in your name, is making unauthorized calls that seem to come
from and are billed to your cellular phone, or is using your calling card and PIN, contact your service provider
immediately to cancel the account and/or calling card. Open new accounts and choose new PINs. If you're having
trouble getting fraudulent phone charges removed from your account or getting an unauthorized account closed,
contact the appropriate agency below.

• For local service, contact your state Public Utility Commission.

• For cellular phones and long distance, contact the Federal Communications Commission (FCC) at www.fcc.gov.
The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable. 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 online at www.fcc.
gov, or e-mail your questions to fccinfo@fcc.gov.

Social Security Number Misuse

If you have specific information of Social Security number misuse that involves the buying or selling of Social
Security cards, may be related to terrorist activity, or is designed to obtain Social Security benefits, contact the
Social Security Administration (SSA) Office of the Inspector General. You may file a complaint online at www.
socialsecurity.gov/oig, call toll-free: 1-800-269-0271, fax: 410-597-0118, or write: SSA Fraud Hotline, P.O. Box
17768, Baltimore, MD 21235.

You also may call SSA toll-free at 1-800-772-1213 to verify the accuracy of the earnings reported on your Social
Security number, request a copy of your Social Security Statement, or get a replacement Social Security number
card if yours is lost or stolen. Follow up in writing.

Student Loans

Contact the school or program that opened the student loan to close the loan. At the same time, report the
fraudulent loan to the U.S. Department of Education. Call the Inspector General's Hotline toll-free at 1-800-MIS-
USED; visit www.ed.gov/about/offices/list/oig/hotline.html?src=rt; or write: Office of Inspector General, U.S.
Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-1510.

Tax Fraud

The Internal Revenue Service (IRS) is responsible for administering and enforcing tax laws. Identity fraud may
occur as it relates directly to your tax records. Visit www.irs.gov and type in the IRS key word “Identity Theft” for
more information.

If you have an unresolved issue related to identity theft, or you have suffered or are about to suffer a significant
hardship as a result of the administration of the tax laws, visit the IRS Taxpayer Advocate Service www.irs.
gov/advocate/ or call toll-free: 1-877-777-4778.

If you suspect or know of an individual or company that is not complying with the tax law, report it to the Internal
Revenue Service Criminal Investigation Informant Hotline by calling toll-free: 1-800-829-0433 or visit www.irs.gov
and type in the IRS key word “Tax Fraud.”

What should I do if I've done everything advised, and I’m still having problems?

There are cases where victims do everything right and still spend years dealing with problems related to identity
theft. The good news is that most victims can get their cases resolved by being vigilant, assertive and organized.
Don't procrastinate on contacting companies to address the problems. Don't be afraid to go up the chain of
command or make complaints, if necessary. Keep organized files. If you haven't filed a complaint with the FTC or
updated it, you should do so and provide details of the problems that you are having. You also can call our
hotline (1-877-ID-THEFT) to talk with one of our counselors or, for individual counseling, contact one of the non-
profit victim associations listed under Resources. If your problems are stemming from a failure of a party to
perform its legal obligations, you may want to consult an attorney who specializes in such violations. Contact
Legal Services in your state or your local bar association for help in finding an attorney.

Resources

AARP

Better Business Bureau

Call for Action

Identity Theft Resource Center

National Consumers' League (National Fraud Information Center)

Privacy Rights Clearinghouse

Consumer Reporting Companies

Equifax

Experian

TransUnion

Federal Government

Federal Trade Commission

Department of the Treasury
• Identity Theft Resource Page
• DVD on Identity Theft

Comptroller of the Currency (OCC)
• Check Fraud: A Guide to Avoiding Losses
• How to Avoid Becoming a Victim of Identity Theft (PDF, 148 KB)
• Identity Theft and Pretext Calling Advisory Letter 20014 (PDF, 260 KB)

Federal Deposit Insurance Corporation (FDIC)
• Classic Cons... And How to Counter Them
• A Crook Has Drained Your Account. Who Pays?
• Don't Be an On-line Victim: How to Guard Against Internet Thieves and
Electronic Scams
• Your Wallet: A Loser's Manual

Secret Service (USSS)
• Financial Crimes Division
• Frequently Asked Questions (FAQ): Protecting Yourself

Social Security Administration
• SSA Fraud Hotline for Reporting Fraud
• Social Security: Your Number and Card (SSA Pub. No. 0510002)
• Identity Theft And Your Social Security Number (SSA Pub. No. 0510064)

US Department of Justice
• Identity Theft and Fraud

US Postal Inspection Service

State and Local Government

National Association of Attorneys General

National Conference of State Legislatures