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Identity Theft

Identity theft is one of the fastest growing forms of white-collar crime in the United States and other nations. In a traditional fraud scheme, victims are contacted directly by suspects who use lies and deception to get the victims to part with their money. Identity theft, however, requires no direct communication between criminal and victim. Simply doing things that are part of everyday routine -- charging dinner at a restaurant or items online, submitting required personal information to employers or government agencies, throwing away credit card offers received in the mail, or just having casual contact with people - may give identity thieves enough of an opportunity to get unauthorized access to personal data and commit identity theft. Identity thieves capture information about you and use it to commit fraud, steal your money, fraudulently charge items to your accounts or even create new accounts. According to Florida Attorney General, victims of identity theft can come from any lifestyle regardless of race, gender, age or socioeconomic status.

Florida has the fourth highest number of victims of identity theft based on the Federal Trade Commission Clearinghouse for 2003. Some studies (Identity Theft Resource Center) have estimated the number of identity theft victims in the United States at seven million for the year 2003.

The Tallahassee Police Department Financial Crimes Unit (FCU) is making the following questions with answers available to help citizens with their questions about identity theft and associated topics.  Please review all the topic areas for the one that is of interest to you.  

The Federal Trade Commission has developed an in-depth informational booklet titled, "Take Charge: Fighting Back Against Identity Theft" (625kb PDF) to educate citizens about identity theft and to provide helpful solutions.  Additionally, FCU members have developed a quick reference pamphlet titled,  "What is Identity Theft" that is currently available to view or download. 

The above and below underlined sections of text are links to other Internet Web sites to obtain either additional information or examples and forms.  If you have any questions please contact the Financial Crimes Unit at (850) 891- 4456.

What is the identity theft law in Florida? 

Section 817.568, Florida Statutes - Criminal use of personal identification  information, states the following: 

Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual's consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084

What can I do to protect myself? 

As with any crime, you can't guarantee that you will never be a victim, but you can minimize your risk. By managing your personal information widely, cautiously and with an awareness of the issue, you can help guard against identity theft. Here's some tips: 

What should I do if someone has stolen or scammed my personal information or identification documents?

If your information or identification documents were stolen or scammed, you have an opportunity to prevent the misuse of that information if you can take action quickly. 

Once you have taken these precautions, there really isn't anything more you need to do except to check for the signs that your information is being misused. See How can I tell if I'm a victim of identity theft? and How can I minimize my risk? You don't have to file an identity theft report with the police or with the FTC until you find out if your information is actually being misused. If another crime was committed, such as theft of your purse or wallet or your house or car was broken into, report that crime to the police. 

I have a computer and use the Internet. What should I be concerned about? 

If you're storing personal information such as SSNs, financial records, tax returns, birth dates, or bank account numbers in your computer, the following tips can help you keep your computer and your personal information safe from intruders: 

Are companies allowed to print my entire credit card number on my receipt? 

After December 4, 2006, companies will not be allowed to print your credit or debit card expiration date or more than the last 5 digits of your card number on your electronic receipt. Some businesses will be required to make this change sooner, depending on the way they process credit card transactions. The law will allow receipts that are hand written or mechanically imprinted to show your entire number and expiration date, even after December 4, 2006. For more information see section 605(g) of the FCRA.

How can I prevent companies from using my personal information for marketing? 

More organizations are offering consumers choices about how their personal information is used. For example, many let you "opt out" of having your information shared with others or used for marketing purposes. For more information see Privacy: What You Do Know Can Protect You and Privacy Choices for Your Personal Financial Information. You also can visit the FTC websites Privacy Initiatives and National Do Not Call Registry

When should I provide my Social Security number? 

Your employer and financial institution will likely need your SSN for wage and tax reporting purposes. Other businesses may ask you for your SSN to do a credit check, like when you apply for a car loan. Sometimes, however, they simply want your SSN for general record keeping. If someone asks for your SSN, ask the following questions: 

If you don't provide your SSN, some businesses may not provide you with the service or benefit you want. Getting satisfactory answers to your questions, though, will help you to decide whether you want to share your SSN with the business. If you have additional questions, contact the Social Service Administration

What are the first steps I should take if I'm a victim of identity theft?
  1. Follow up all calls in writing. Send your letter by certified mail, return receipt requested, so you can document what the company received and when. Keep copies for your files. 
  2. Call the toll-free fraud number of any one of three major credit bureaus to place a fraud alert on your credit report. This can help prevent an identity thief from opening additional accounts in your name. As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will automatically be notified to place fraud alerts, and all three credit reports will be sent to you free of charge. For more information about fraud alerts, see What are fraud alerts and victim statements? 

    Once you receive your reports, review them carefully to make sure no fraudulent accounts have been opened in your name or unauthorized changes made to your existing accounts. See What should I look for on a credit report to indicate identity theft? and How I do correct inaccurate information on my credit report? You should continue to check your reports periodically, especially in the first year of discovery, to make sure no new fraudulent activity has occurred. 

    Please note: The automated "one-call" process only works for the initial placement of your fraud alert. Orders for additional credit reports or renewals of your fraud alerts must be made separately at each of the three major credit bureaus. 
  3. Contact the creditors (for example, credit card companies, phone companies and other utilities, and banks and other lenders) to close any accounts that have been tampered with or opened fraudulently. Ask to speak with someone in the security or fraud department of each creditor, then follow up in writing. It's particularly important to notify credit card companies in writing. See What should I do about unauthorized charges on my credit cards? You may ask creditors for a copy of the application or other business transaction records relating to your identity theft, if you think that this information will be helpful to prove that are you are a victim. Creditors must provide this information free of charge. See Creditor Documentation in How do I prove that I'm an identity theft victim? For more information on closing accounts see What do I do if someone has tampered with my existing accounts? and What do I do if someone has opened new credit accounts in my name?
  4. File a report with Tallahassee Police Department or the law enforcement agency that has jurisdiction in your case. Get a copy of the police report in case the creditors, credit bureaus or others need proof of the crime. See How do I prove that I'm an identity theft victim?

    Please note: If you file a report with the Tallahassee Police Department, please complete the Tallahassee Police Department's The Identity Crime Incident Detail Form (PDF).
  5. File a complaint with the FTC. The FTC maintains a database of identity theft cases which are used by law enforcement agencies for investigations. Filing a complaint also helps us learn more about identity theft and the problems victims are having so that we may better assist you. See Filing a Complaint with the FTC.
What is the Identity Crime Incident Detail Form from the Tallahassee Police Department?

The Identity Crime Incident Detail Form (PDF) is a form designed to assist you organizing your case prior to your first meeting with an investigator. It also assists the investigator by answering most major questions during the initial investigative phase of the criminal investigation. While this form is somewhat comprehensive in nature with regard to identity theft cases, it may not answer all the questions an investigator may have since each case may have unique features that are not covered in this form. This form will become part of the case file and will considered a sworn statement once you sign the form in the presence of a law enforcement officer.

What should I look for on a credit report to indicate identity theft? 

Check your credit reports carefully to make sure the information is accurate. Look for inquiries you didn't initiate, accounts you didn't open and unexplained debts on your legitimate accounts. Check that information like your SSN; addresses); name and any variations, including initials, Jr., Sr., etc.; and employers is correct. Inaccuracies in this information may also be due to typographical errors. Nevertheless, whether the inaccuracies are due to fraud or error, notify the credit bureau as soon as possible by telephone and in writing. See How do I correct inaccurate information on my credit report?

Inquiries on credit reports from potential credit card issuers do not always mean that some one has tried to get credit in your name. Banks and credit card companies often inquire about a consumer's creditworthiness to help them target their marketing efforts. These inquiries will be identified in a designated section of the report. 

How can I get copies of my credit reports? 

Contact each of the three major credit bureaus: 

Equifax - www.equifax.com 
To order your report, call: 800-685-1111 or write: P.O. Box 740241, Atlanta, GA 30374-0241 
To report fraud, call: 800-525-6285 and write: P.O. Box 740241, Atlanta, GA 30374-0241 Hearing impaired call 1-800-255-0056 and ask the operator to call the Auto Disclosure Line at 1-800-685-1111 to request a copy of your report. 

Experian - www.experian.com 
To order your report, call: 888-EXPERIAN (397-3742) or write: P.O. Box 2002, Allen TX 75013 
To report fraud, call: 888-EXPERIAN (397-3742) and write: P.O. Box 9530, Allen TX 75013 TDD: 1-800-972-0322 

Trans Union - www.transunion.com 
To order your report, call: 800-888-4213 or write: P.O. Box 1000, Chester, PA 19022 
To report fraud, call: 800-680-7289 and write: Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92634 TDD: 1-877-553-7803 

How much does a credit report cost? 

Each credit bureau may charge you up to $9.00 for a copy of your report. However, you are entitled to one free report a year if you can show that: your report is inaccurate because of fraud; you're on welfare; or you're unemployed and plan to look for a job within 60 days. There also is no charge if a company has taken adverse action against you, such as denying your application for credit, insurance or employment, and you request your report within 60 days of receiving the notice of the adverse action. 

In addition, a recent amendment to the federal Fair Credit Reporting Act requires each of the major nationwide consumer reporting companies to provide you with a free copy of your credit reports, at your request, once every 12 months. Consumers in Florida can order their free reports beginning June 1, 2005. To order your free annual report from one or all the national consumer reporting companies, visit www.annualcreditreport.com, call toll-free 877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281

How do I prove that I'm an identity theft victim? 

Identity theft victims often find themselves having to prove that they're victims, not deadbeats trying to get out of paying bad debts. So how do you go about proving you didn't do something? Getting the right documents and getting them to the right people is key. 

The creditor is entitled to ask you for: 

(1) proof of your identity which may be a government issued ID card, the same type of information the identity thief used to open or access the account, or the type of information the creditor is currently requesting from applicants or customers and 

(2) a police report and a completed affidavit which may be either the Identity Theft Affidavit or the creditor's own affidavit. 

Once you have resolved your identity theft dispute with the creditor, ask for a letter from the creditor stating that they have closed the disputed accounts and have discharged you of the fraudulent debts. This letter is your best proof if errors relating to this account reappear on your credit report or you mistakenly are contacted again about the fraudulent debt. 

What are fraud alerts and victim statements? 

There are two types of fraud alerts: an initial alert, and an extended alert.

To place either of these alerts on your credit report, or to have them removed, contact one of the three major credit bureaus. You will be required to provide appropriate proof of your identity: that may include your SSN, name, address and other personal information requested by the consumer reporting company. You may use a personal representative to place or remove an alert.

When a business sees the alert on your credit report, it must verify your identity before issuing credit. As part of this verification process, the business may try to contact you directly. This may cause some delays if you're trying to obtain credit. To compensate for possible delays, you may wish to include a cell phone number, where you can be reached easily, in your alert. Remember to keep all contact information in your alert current.

Are fraud alerts and victim statements always effective? 

Fraud alerts and victim statements seem to be generally effective. However, because credit grantors do not have to consider them when extending credit, you should continue to check your credit reports periodically, especially in your first year of discovery, to make sure no new fraudulent activity is taking place. 

What do I do if someone has tampered with my existing accounts?
What should I do about unauthorized charges on my credit cards? 

The Fair Credit Billing Act (FCBA) establishes procedures for resolving billing errors on your credit card accounts, including fraudulent charges on your accounts and limits your liability for unauthorized credit card charges to $50 per card. 

To take advantage of the law's consumer protections, you must: 

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. 

For more information, see Fair Credit Billing and Avoiding Credit and Charge Card Fraud

What do I do if someone is using my checks? 

If your checks have been stolen or misused, close the account and ask your bank to notify the check verification service with which it does business. While no federal law limits your losses if someone steals your checks and forges your signature, state laws may protect you. Most states hold the bank responsible for losses from a forged check. 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: 1-800-710-9898 or 927-0188 
Certegy, Inc. (previously Equifax Check Systems): 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 

How do I get back money that was stolen from my debit card account or through other electronic fund transfers? 

The Electronic Fund Transfer Act provides consumer protections for transactions involving an ATM or debit card or other electronic way to debit or credit an account. It also limits your liability for unauthorized electronic fund transfers. 

It's important to report lost or stolen ATM and debit cards immediately because the amount you can be held responsible for depends on how quickly you report the loss. 

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 notification about an error on your statement, the institution generally has 10 business days to investigate. The financial 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 the error has 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. 

Note: VISA and MasterCard have voluntarily 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. 

For more information, see Electronic Banking and Credit, ATM and Debit Cards: What to do if They're Lost or Stolen.

What do I do if someone has opened new credit accounts in my name? 

Contact the fraud department of each creditor. Close the accounts and dispute any charges run up on those accounts. Do not pay the charges. Most creditors will require you to fill out fraud forms. To save yourself time, ask if the company accepts the ID Theft Affidavit. If not, ask the representative to send you the company's fraud dispute forms. Find out what, if any, other documentation, such as a police report, the company will need. You may ask creditors for a copy of the application or other business transaction records relating to your identity theft, if you think that this information will be helpful to prove that are you are a victim. Creditors must provide this information free of charge. See Creditor Documentation in How do I prove that I'm an identity theft victim

For more information, consult How to Dispute Credit Report Errors and Fair Credit Reporting

What do I do if the identity thief has gotten a driver's license in my name? 

If you think your name or SSN is being used by an identity thief to get a Florida driver's license or a non-driver's ID card, contact DHSMV-ID Theft Information or the state you have your license from. 

What do I do if the thief has obtained phone service in my name?

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 from the list below.

For local service, contact your state Public Utility Commission, listed in the Blue Pages of your telephone directory.

For cellular phones and long distance, contact the Federal Communications Commission (FCC) - www.fcc.gov. The FCC regulates interstate and international communications by radio, television, wire, satellite and cable. You can contact the FCC's Consumer Information Bureau to find out about information, forms, applications and current issues before the FCC. 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 via the online complaint form at www.fcc.gov/cgb/complaints.html, or e-mail questions to fccinfo@fcc.gov.

What do I do if someone has used my name in his or her arrest?

The Florida Department of Law Enforcement (FDLE) has developed a program to assist with identity theft claims and those individuals who are concerned that their personal identifiers may have been used in an arrest record contained within the Florida Computerized Criminal History (CCH) files. Individuals can review their criminal history files by using the following methods:

1. Request a public records check -- While there is a $23 fee associated with this process, fingerprints are not initially required and response is immediate (via Internet). This allows you to check any person's criminal record (family members, household workers, etc.).

OR

2. Initiate a compromised identity claim -- This service is only for individuals who believe they are victims of identity theft and/or have had their personal identification information stolen or misused in the past and believe that their information may have been used in a Florida criminal history file. To initiate this claim, the claimant must complete a Compromised Identity Review Claim Form, which includes a fingerprint card. The claimant must have his or her fingerprints taken directly on this Claim Form by a law enforcement agency. To insure the integrity of the fingerprints, the law enforcement agency will be asked to route the form to the FDLE at the address provided. The FDLE will only accept Claim Forms that are submitted by a law enforcement agency and in an official agency envelope (unless otherwise approved by the Compromised Identity Program Unit). The FDLE will compare personal identifiers and submitted fingerprints of the claimant against the identifiers and fingerprints contained in the Computerized Criminal History (CCH) files and the Automated Fingerprint Identification System (AFIS). If a fingerprint analysis verifies that the claimant's personal identifiers appear in another individual's arrest record contained in the Florida CCH files, the FDLE will then work with local law enforcement in an attempt to clear the fraudulent information from the CCH files. It is important to note that the FDLE, as Florida's central repository of criminal history information, only records and stores information provided by Florida criminal justice agencies. The FDLE may not remove arrest or demographic information contained in the CCH files without appropriate documentation from the submitting agency or at the direction of the court. Please be advised that some submitting agencies are reluctant to grant the FDLE permission to remove information from the CCH files.

Once the review of your claim has been completed, the FDLE will provide a letter stating the results of your claim and may issue a certificate for verification of your identity.

For additional, visit the FDLE Compromised Identity Services website.

What can businesses do to help?

The Privacy Rights Clearinghouse recommends the following practices:

Who do I report mail fraud to? 

Other Useful web sites: