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 Home > Legislative Centers > Crime & Justice Issues > Identity Theft

Identity Theft

Steps to Prevent Identify Theft | Procedures to Follow Upon the Initial Loss of Personal Documents | Procedures for Identity-Theft Victims |
Helpful Identity Theft Links

Identity theft is an increasingly prevalent crime that can wreak havoc on the financial affairs of its victims. And it strikes with alarming frequency in Arizona. According to the Federal Trade Commission, Arizona has the highest rate of identity theft in the nation (147.8 victims per 100,000 population).

Identity theft occurs when someone uses your personally identifying information, like your name, Social Security number, or credit card number, without your permission, to commit fraud or other crimes. Common crimes associated with identity theft include using another person’s information to gain access to financial accounts without the owner’s authorization, or to obtain fraudulent credit cards, loans, financial accounts, government documents, housing, and employment.

As the prevalence of identity theft increases, it is important for the government to implement new safeguards for the use of personally identifying information. In 2003, I supported passage of the Fair and Accurate Credit Transactions Act. That bill – which is now law – requires merchants to delete all but the last five digits of a credit card number on store receipts printed electronically at the point-of-sale, creates a national system of fraud detection, and allows consumers to receive one free credit report per year from each of the nationwide credit reporting agencies.

I also cosponsored the Identity Theft Penalty Enhancement Act – which became law in 2004 – to provide law-enforcement officers with additional ways to prevent identity theft when possible, and to vigorously prosecute the crime when deterrence fails. That bill:

  • toughens mandatory penalties for identity theft crimes committed in connection with serious federal offenses, including terrorism;
  • requires judges to impose the penalty enhancements on top of the underlying sentence;
  • adds Social Security fraud and theft embezzlement by a bank officer to the list of crimes eligible for enhanced penalties; and
  • criminalizes possession of stolen or fraudulent identification with intent to commit an unlawful act.

Most recently, I have cosponsored the Personal Data Protection Act. Today, information is regularly stored electronically by businesses and government agencies. This reliance on electronic data has made it easier for criminals to steal the identity of others on a grander scale, making data breaches a particular threat. The Personal Data Protection Act would help secure personally identifying information by requiring data brokers to maintain a personal data privacy and security program. The bill would also establish standards for data breach notification, thereby requiring that businesses and government agencies inform any affected individual of a breach if there is reason to believe that his or her personal information has been compromised.

No law is foolproof, so as identity thieves develop other ways to perpetrate their crimes, Congress will continue to consider new legislation to combat such offenses.

Steps to Prevent Identify Theft

1. Never provide telephone callers with your personal information, including your Social Security number, date of birth, mother’s maiden name, credit-card number, or bank PIN code, unless you initiate the phone call or know the person or organization you are dealing with.

2. Only give your Social Security number when absolutely necessary. Ask to use other types of identifiers when possible.

3. Sign all new credit cards upon receipt.

4. Memorize your Social Security number and all your passwords. Do not carry a written record of them in your wallet or purse.

5. Keep items with personal information in a safe place; tear them up when you don’t need them anymore. Make sure charge receipts, copies of credit applications, insurance forms, bank checks and statements, expired charge cards, credit offers, and bills you receive in the mail are disposed of appropriately. Consider purchasing and using a shredder, if you do not already have one.

6. Empty your wallet of extra credit cards or IDs. Cancel the cards that you don’t use.

7. Guard your ATM personal identification number and ATM receipts. Never leave ATM receipts at bank machines, bank counters, or trash receptacles. Retain them for your records or destroy them.

8. Deposit outgoing mail in post office collection boxes. Do not leave it in your mail box for pick-up.

9. Collect your mail nightly. Don’t leave it in your mailbox overnight or on weekends.

10. If regular bills fail to reach you, call the company and find out why. Someone may have filed a false change-of-address notice to divert your mail to his or her address.

11. If your bills include any suspicious charges, don’t ignore them. Investigate immediately.

12. Order your credit report to check for fraud or other discrepancies. As required by the Fair Credit Reporting Act, the three major credit bureaus, Equifax, Experian, and TransUnion have established a service that allows you to order a credit report from each company once a year for free. You can request your credit reports by (1) going to http://www.annualcreditreport.com/, (2) calling toll free 877-322-8228, or (3) sending a letter to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You may order credit reports from any or all of the credit bureaus. For more information on ordering credit reports, see the Federal Trade Commission’s web page at http://www.ftc.gov/bcp/conline/pubs/credit/freereports.htm.

13. Make it more difficult for identity thieves to gain access to your personal information. Consider doing the following:

  • Remove your name from the marketing lists of the three credit reporting bureaus – Equifax, Experian, and TransUnion. Call 888-567-8688 or go online to www.optoutprescreen.com. This will limit the number of pre-approved offers of credit that you receive. Such offers, when tossed into the garbage, are a potential resource for identity thieves who use them to order credit cards in your name.
  • Sign up for the Federal Trade Commission's National Do Not Call Registry (www.donotcall.gov or 888-382-1222). Your name will be deleted from list used by nationwide marketers. You may also wish to register for your state's "do not call" list, if it has one.
  • Have your name and address removed from the phone book and reverse directories.
  • Opt-out of the sale or sharing of your financial information when given the opportunity by your bank, credit-card companies, insurance companies, and investment firms.

14. Place a security freeze on your consumer credit files. Arizona residents now have the option of placing security freezes on their consumer credit files maintained by the three major credit reporting agencies: Experian, Equifax, and TransUnion.

Placing a security freeze on your consumer credit files will prohibit the three major credit reporting agencies from releasing any information in your credit reports without your express authorization, except to those with whom you have an existing account or a collection agency acting on behalf of an existing account.

Security freezes are free for victims of identity theft, and cost $10 for non-victims. Information about how to place a security freeze on your consumer credit is available from each credit bureau at:

Experian

Equifax

TransUnion

Procedures to Follow Upon the Initial Loss of Personal Documents

1. Contact the Social Security Administration’s Fraud Hotline at 800-269-0271 if you lose your Social Security card. The hotline is manned daily between the hours of 10 a.m. and 4 p.m. Eastern Time.

2. Report all lost or stolen credit cards immediately. Contact all creditors by phone and in writing to inform them of the theft.

3. Report lost or stolen checks immediately. Alert your bank to flag your accounts and to contact you to confirm any unusual activity.

4. Contact the state office of the Department of Motor Vehicles to request a new driver’s license. Fill out the DMV’s complaint form to begin the fraud-investigation process if you believe your license was stolen.

5. Keep a log of all your contacts and make copies of all documents. You may also wish to contact a privacy or consumer-advocacy group regarding illegal activity.

Procedures for Identity-Theft Victims


1. Take all five of the above steps.

2. Call your nearest U.S. Postal Inspection Service office and your local police. File a police report. Get a copy of the report to submit to your creditors and others that may require proof of the crime.

3. If you have reason to suspect identity theft, call the fraud units of the three major credit bureaus and ask them to flag your credit file with a fraud alert for 90 days. Creditors will then call you before opening new accounts. You can then extend the fraud alert for up to seven years by writing the credit bureaus. You will need to include a copy of your identity-theft police report with your letter.

Equifax
Mail: Fraud Division, Equifax, P.O. Box 740250, Atlanta, GA 30374-0250.
Phone: 800-525-6285, TDD: 800-255-0056
Website

Experian
Mail: National Consumer Assistance, Experian, P.O. Box 1017, Allen, TX 75013-9556.
Phone: 888-397-3742, TDD: Use relay to main number.
Website

TransUnion
Mail: Fraud Victim Assistance Department, TransUnion, P.O. Box 6790, Fullerton, CA 92834-6790.
Phone: 800-680-7289, TDD: 877-553-7803
E-mail (fraud victims only): fvad@transunion.com
Website

4. Contact the Federal Trade Commission’s Identify Theft Hotline to file a complaint. The phone number is toll-free: 877-438-4338); the mailing address is Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue, N.W., Washington, DC 20580; or visit the FTC website. Ask the FTC for a copy of its free consumer guide, “ID Theft: When Bad Things Happen to Your Good Name,” to help you guard against and recover from identity theft.

5. Visit the section of the Arizona Attorney General’s website dedicated to identity theft. Specifically, review the Identity Theft Repair Kit, which provides general information about identity theft and suggests steps you should take when your identity has been stolen.

Helpful Identity Theft Links

Department of Education

Department of Justice and the National Criminal Justice Reference Service

Federal Bureau of Investigation and Internet Crime Complaint Center

Federal Trade Commission

President’s Identity Theft Task Force

Privacy Rights Clearinghouse

Securities and Exchange Commission

Printable Version

Avoid Becoming a Victim of “Pharming” a sophisticated method of identity theft, and "Phishing."

Helpful Links:

Checking for Evidence of Identity Theft:
Take the Rutgers Cooperative Extension Identity Theft Risk Assessment Quiz

Credit Agencies:

Equifax
http://www.equifax.com/

Experian
http://www.experian.com/

TransUnion
http://www.tuc.com/

Government Agencies:

Social Security Administration, Office of Inspector General
http://www.ssa.gov/oig/

FirstGov for consumers
http://www.consumer.gov

Federal Bureau of Investigation
http://www.fbi.gov/
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