Identity theft is when someone steals your personal, financial or identifying information, usually from you or someone you have done business with. The information is then used to obtain credit or goods or services with your identity. Identity theft can result in debt collection calls and letters, destroy your credit, and may require numerous hours of telephone conversations and written communication to resolve. Without qualified assistance, resolving these issues can take years or a decade or more.
Identity thieves may steal credit card information, account numbers, checkbooks, social security numbers, passwords or other sensitive information for the purpose of fraudulently purchasing goods or services.
In most cases, consumers will find out their identity was stolen by noticing fraudulent charges on their billing statements, credit reports or by being contacted by a debt collector regarding accounts they didn’t open with charges they didn’t make.
There are many ways for an identity thief to steal sensitive financial information. Unfortunately, consumers alone cannot guard against identity theft. One of the most common ways to steal information does not involve the consumer at all. A merchant, bank or other entity with your personal information loses it or it is stolen from them—many security breaches involve tens of thousands of consumers. It could also be as simple as recording your account number from a check or your credit card number from a credit card purchase. Other methods include:
If you believe that you have been a victim of identity theft you should take the following steps immediately:
1. Check your credit report
If you believe you might be a victim of identity theft, you should check your credit report immediately. You are entitled to one free copy of your credit report from each of the three consumer credit reporting agencies; TransUnion, Equifax and Experian.
2. Place a fraud alert on your credit report
If you are the victim of identity theft, place a fraud alert on your credit report. A fraud report will help prevent the identity thief from opening any more fraudulent accounts. After a client of mine placed a fraud alert on her credit report, her identity thief was caught attempting to purchase another vehicle using my client’s identity.
3. Close accounts that have been tampered with or opened fraudulently
If the identity thief has opened new accounts or tampered with existing accounts, you should close those accounts immediately. You should dispute fraudulent transactions in writing. It is very important that you document all calls and keep all written communication regarding the disputed accounts or charges.
4. File a complaint with the Federal Trade Commission and your state Attorney General’s Office
An identity theft complaint in combination with a police report may entitle you to certain protections under law including; (1) blocking fraudulent information from your credit report; (2) prevent a debt collector from continuing to collect debts that result from identity theft; and (3) place an extended fraud alert on your credit report.
5. File a police report
Contact your local police department and request to file a police report regarding the identity theft. This will help to supplement your documentation of the identity theft in order to have the fraudulent charges or accounts removed from your credit report as well as helping to stop debt collectors from attempting to collect the fraudulent debt.
What should I do if a debt collector is calling me regarding a fraudulent account?
Dispute the alleged debt orally and in writing with the debt collector. If an attorney is assisting you, give the caller your attorney’s name and phone number. An inexpensive cease communication letter from an attorney can stop harassment or abuse. Log all calls. There is no reason to tolerate debt collection harassment resulting from identity theft. Many qualified consumer attorneys will provide you with a free initial consultation regarding identity theft issues. If you live in Iowa, Nebraska or Colorado, click here. For others, the National Association of Consumer Advocates web site has an excellent lawyer referral section.
Are there remedies for victims of identity theft?
Rarely is it realistic to file a lawsuit against the identity thief, because the person may not be known, may be located in a foreign country or may be headed for prison. There are remedies against credit reporting agencies, furnishers of erroneous credit information and/or collection agencies who fail to take action to resolve these issues. If you live in Iowa or Colorado, click here. Otherwise the National Association of Consumer Advocates lawyer referral section may be of assistance.
If you believe your rights have been violated, you want collection harassment to stop or if you just want to discuss your situation, the Johnson Law Firm is here to help. Click the above link for a free consultation or call us at (515) 224-7090. You have nothing to lose.