Preventable Identity Theft Is A Civil Matter

These days, all one has to do is pick up the newspaper or watch the evening news to hear another story about massive consumer identity theft. In certain instances, these situations may give rise to civil liability which can include damages to compensate the victims not only for the monetary loss, but also the enduring damages incurred into the future.

What To Do If You Are A Victim

Despite your best efforts to protect yourself, you have become a victim. Now what? The following steps should be taken immediately to best insure your protection.

Record Keeping

In the process of resolving the theft of your identity, be sure to keep records of all correspondence with the creditors and government agencies you contact. Include the date and name of contact. Follow up all telephone contacts with a letter and keep a copy.

Creditors

Notify all creditors and financial institutions in writing and by phone that your name and accounts have been used without your permission. If an existing account has been stolen, ask the creditor or bank to issue you new cards, checks and account numbers. Carefully monitor your account activity on your statements. Report fraudulent activity to the issuing company immediately. The Fair Credit Billing Act (FCBA) is a federal law that limits a consumer's responsibility for fraudulent charges up to $50.

Local Law Enforcement

Immediately report the crime to local police. Provide them with as much documentation as possible. Make sure that the accounts are listed on the police report. Also, get a copy of the police report. Credit card companies, banks and credit reporting agencies may require you to show a police report to support your claim that a crime was committed.

Federal Law Enforcement

Report the crime to the Federal Trade Commission (FTC). The FTC collects complaints about identity theft from consumers and stores them in a secure online database called the Consumer Sentinel that is available to law enforcement agencies worldwide. The FTC provides information on ways to resolve problems resulting from identity theft and refers individuals to various private and government agencies for further action.

Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
1.877.IDTHEFT

The Credit Reporting Agencies

Contact the fraud units of the three credit reporting agencies: Equifax, Experian and Trans Union. Ask them to place a fraud alert on your credit report to help prevent new fraudulent accounts from being opened. Keep track of when it expires so you can ask for another one if necessary. However, not all creditors check your credit report before issuing a new account.

As an ID fraud victim, you are entitled to a free copy of your credit report. Also, ask the agencies for a copy of your credit report every three months once you have become a victim. This can help determine how many and which accounts listed are fraudulent. You can also identify the existing accounts that have been stolen.