Chapters:



Preventing Identity Theft

"Identity theft" means that someone uses elements of your identity, such as your name, Social Security number, date of birth, or other identifying information, without authority, typically to commit fraud. A classic example is someone using your information to obtain credit or get a loan. For further information, take a look at http://www.ftc.gov/idtheft.

Don't make it easy on "identity-thieves". With the use of a little bit of common sense, months, even years of trouble can be averted.

Never pre-print your Social Security Number (SSN) on checks or any other pre-printed forms. It is too easy for "identity-thieves" to get that information, fraudulently obtain credit in your name, and severely damage your credit.

Also, if your driving license uses the SSN as the driving license number, in most states, you may request that the DMV use another number instead. Most states mandate this option.

And finally, if you find yourself being asked to provide your SSN by a private business, just refuse, or write "REFUSED" in the requesting form. If they persist, demand to see their written policy requiring an SSN. Most business will have none, and cannot legitimately require you provide it. They generally will back down if you persist. In the case of an employment application, just write "provided upon hire". Stand up for your rights, and protect your privacy.


Dealing with Identity Theft

Under the Fair Credit Reporting Act (FCRA), you have specific rights if you believe you are a victim of identity theft, which may help you recover from identity theft, as summarized here:

  1. You may have nationwide consumer reporting agencies place "fraud alerts" in your file to inform creditors and others that you may be a victim of identity theft. A fraud alert is supposed to make it more difficult for anyone to get credit under your name, since creditors are supposed to follow additional procedures to protect you. Of course, the same protections may delay you in obtainng credit. Place a fraud alert by calling any one of the three nationwide consumer reporting agencies, which will notify the other two.


    The initial fraud alert remains on your file for at least 90 days, while an extended alert remains for seven years. For either, you will be required to provide proof of identity, including your Social Security number. For an extended alert, you will need to provide an identity theft report, including a copy of a complait you have filed with a federal, state, or local law enforcement agency, as well as other information you may be required to submit.

  2. You are entitled to free copies of your credit report, a copy of your file from each of the three nationwide CRAs, and, for an extended alert, one additional copy within a year of placing the alert. Your credit reports are to help you detect signs of fraud, such as new accounts you don't recognize, or addresses where you've never lived. Of course, you are also entitled to a free copy of your credit report annually, and there are other reasons you may get free copies as well.

  3. You are entitled to copies of documents relating to fraud on your accounts or using your personal information. Upon written request, businesses must provide copies of applications, receipts, and other records relating to fraud transactions, but you may be required to provide proof of your identity, police reports, or an affidavit. In some limited cases, businesses may refuse your request.

  4. You are entitled to information from debt collectors. Debt collectors must provide certain information about debt incurred by fraud, including at least the creditor and the amount.

  5. If data in your credit report results from fraud, you are entitled to have the CRA block that information. If you ask a CRA block such information, you must point out what needs to be blocked, provide proof of your identity, and copies identity theft (police) reports. If they refuse or remove a block, they must notify you. Once a debt resulting from fraud is blocked, nobody may sell, transfer, or place such debt for collection.

  6. You can prevent businesses from reporting information to CRAs if you believe the information is a result of fraud. Simply send a written request to the address specified by the business reporting the information, but the business will expect you to identify what information you do not want reported and to provide police reports.

Beyond your rights under federal laws, you may have additional rights under state law.

Copyright © 1994-2008, [Michael Kielsky]. All Rights Reserved Without Prejudice. Please carefully review the Legal Notices and Disclaimer.
This entire document is copyrighted. "Electronic Credit Repair Kit" is a trademark of [Michael Kielsky].
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