How to Recover from Identity Theft

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Introduction

• Identity theft is a criminal act in which your personal information is stolen and used by an impostor for financial or legal gain. You may not know that your identity has been stolen until you see an errant charge on your credit card statement or a collection agency calls demanding payment.

• If your identity is stolen, it's crucial that you address the crime immediately. Fortunately, the Federal Trade Commission (FTC) and organizations like the Identity Theft Resource Center (ITRC) are there to help. Follow the FTC and IRTC-recommended steps outlined below, and you'll be on your way to restoring your credit, identity and peace of mind.

Things to Keep in Mind

• Recovering from theft involves contacting several agencies and institutions. It's important to document all of your conversations. Keep the following record-keeping tips in mind:

1. Keep a log of all your conversations. Include the time of the call, who you spoke to and the outcome of your conversation. If your case is complex, consult the Identity Theft Resource Center's "Organizing Your Identity Theft Case" Fact Sheet.
2. Confirm all conversations in writing. Someone who makes an oral agreement with you today may not be at the company tomorrow. If necessary, use the Identity Theft Resource Center's "Confirmation of Conversation" letter template to confirm the date, time and outcome of a conversation.
3. Keep copies of all correspondence. Keep copies of everything - your correspondence with the credit bureaus, your credit report, mail receipts, expenses associated with resolving your case, etc.
4. Send all correspondence as certified mail with a return receipt. It's important to confirm that all of your hard copy communications with collection agencies, credit issuers and other financial institutions are received.
5. Talk to the right people. When speaking with collection agencies or credit issuers, ask for a fraud investigator. Do not speak with customer service agents who specialize in billing, not identity theft recovery.

Step 1: Place a Freeze on Your Credit Report

• Only recently has it been possible for residents of all 50 states to place a freeze on their credit report. Referred to by U.S. News and World Report as the "big gun" of identity theft prevention, a credit report freeze will prevent any new creditors from accessing your credit history, thus compelling them to deny credit to anyone attempting to open a credit line in your name. Experts strongly recommend that you take this step as soon as you discover evidence of identity theft. While anyone can place a freeze on their credit report for a fee, many states allow victims of identity theft to freeze their report for free.

• In order to protect yourself, you are going to have to freeze your credit report with all three major credit bureaus. With some exceptions, you must request a freeze in writing, and send the information via certified mail.

• See Mahalo's How to Freeze Your Credit Report for clear, step-by-step instructions on the process.

Step 2: Place a Fraud Alert on Your Credit Report

• While not as powerful a weapon against identity theft as the credit report freeze, the fraud alert can often be placed immediately through a simple phone call.

1. Call the credit reporting agency. (You will need to call all three individually.)
   • Equifax: 1.800.525.6285
   • Experian: 1.888.397.3742
   • TransUnion: 1.800.680.7289
2. Choose "fraud alert" from the automated system.
3. The automated system will ask you identifying questions such as your social security number and date of birth.
4. If you are able to place a "fraud alert" on your report with this call, you will receive a confirmation number. A letter confirming the alert will be sent to you within 10-14 business days.
5. You may not be successful in placing a "fraud alert" on your report with this call. It is common for the agency to require additional information to establish your identity including a current utility bill, a copy of your driver's license and a letter requesting that the alert be placed on your account. If the agency requests this information, provide it via certified mail with a return receipt.
6. Request a free copy of your credit report to check for any errant charges or suspicious activity.
   • If you're not sure how to read your credit report for identity theft, consult the ITRC's "How to Read Your Credit Report and Recognize Identity Theft" Fact Sheet.

What to Do if You're a Victim of Identity Theft

Step 3: Contact Financial Institutions

• The next step in dealing with identity theft is to close any bank or credit card accounts that have been opened or accessed fraudulently.

1. Call the bank or credit card company and ask to speak with the fraud specialist or department.
2. Notify the institution's representative of the identity theft. You may be advised to close some or all of your accounts. At the very least, you should change all of your PIN codes and passwords.
3. If charges or debits have been made on your account, ask for the proper forms to dispute those transactions.
4. Follow up with a letter to the bank or financial institution documenting your conversation and reporting the fraud incident. Use certified mail with a read receipt.
5. Once the identity theft dispute has been officially resolved with the company, ask for a letter stating that all fraudulent debts have been discharged. Keep the letter on file in case errors appear in your credit report at a later date.

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Step 4: File a Report with the Police

• To dispute errors to your credit report later or have fraudulent charges dropped, it's helpful to have a police report officially documenting the identity theft incident.

1. Call your local police department. Tell them you want to file an identity theft report. Ask if you can file the report in person. If not, ask if you can file the report over the internet or phone.
2. Provide the police with documentation of the theft — debt collection letters, credit reports, a FTC ID Theft Complaint if you've filed one, etc.
3. Obtain a copy of your police report. It may take up to 10 to 14 days to receive a copy. An incident number is not enough. You need a physical copy of the report for your files.

What To Do If the Police Won't Take Your Report

1. Provide the police with the FTC's Law Enforcement Cover Letter to help explain your situation. (Opens as a PDF document.)
2. Be persistent. Stress the importance of the report as it automatically blocks fraudulent accounts and bad debts from appearing on your credit report.
3. If identity theft is not considered a crime in your state, ask to file a "Miscellaneous Incident Report" instead.
4. If the local police won't take your report, try the county police. If the county police refuse, try the state police.

Step 5: File a Complaint with the Federal Trade Commission

• Filing a complaint with the FTC helps law enforcement officials track down identity thieves nationwide, but it also provides you with a record that can block fraudulent information from appearing on your credit report.

1. Use the FTC's online complaint form or call the FTC's Identity Theft Hotline at 1.877.ID.THEFT (438.4338) to file a complaint.
2. Update your complaint with the FTC if new information becomes available about your case.
3. Obtain a printed copy of your completed FTC ID Theft Complaint form. It can be incorporated by local police into their report.

Step 6: Contact Other Relevant Agencies

• Depending on the type of identity theft you've suffered, there are other organizations you may need to contact in order to restore your identity, credit and peace of mind.

Department of Motor Vehicles

• If your wallet was stolen or you fear that your driver's license has been copied and used to apply for fraudulent accounts, you will need to contact the DMV.

1. Contact your local DMV.
2. Place a stolen or lost card warning on your file.
3. Request a replacement license.
4. Request a license number change.
   • If the state uses your Social Security Number as your driver's license number, request an alternate number be used for the new card.

Social Security Administration

• Both the FTC and the ITRC strongly advise identity theft victims against obtaining a new social security number. It is fraught with risk as you will have no credit history built up with the new social security number, making it harder to rent an apartment, open a bank account, get health insurance or even apply for a job.

• The ITRC only recommends seeking a new social security number if you are extremely young and have no credit history or if your case is life threatening. If you have been advised to get a new social security number, consult the ITRC's fact sheet on changing your Social Security number.

Collection Agencies

• Unfortunately, a collection agency will typically contact you first. In fact, this may be how you find out that you're identity has been stolen. If you are contacted by a collection agency, make clear that this is a case of identity theft. Ask to speak to the fraud investigator or a supervisor, and request the following:

1. Contact information for the collection agency and the person acting as your contact there
2. Contact information for the credit issuer or merchant who contacted the agency
3. Account number recorded by the credit issuer or merchant
4. The amount of the debt
5. The date of charges, the date the fraudulent account was opened and any relevant applicant information
6. The collection agency's affiliation with the credit issuer or merchant
7. The steps you should take to support your claim of identity theft so the collection agency and creditor can mark the account as "fraudulent"

• Once you have this information, contact the three credit bureaus, the police and the FTC. As with every procedure you undertake in recovering from identity theft, you should request written confirmations of every conversation.

Other Relevant Organizations

• If your wallet was stolen, there are some other businesses you may need to contact to head an identity thief off at the pass.

1. Library or Video Store Cards: Contact the issuing company. Ask for the account to be closed.
2. Social Security Card: You don't need to get a new number, but you should apply for a new card and ask for a copy of your Personal Earnings and Benefit Estimate Statement in June of the next year. Check the document over to be sure that it shows your correct work history.
3. PDA: If your PDA contained work-related information, contact your workplace's HR and Security Departments.
4. Auto Insurance Card: Contact your insurer, and ask for a replacement number.
5. Green Card: Contact Immigration and Customs Enforcement.
6. Passport: Contact the U.S. State Department's Lost or Stolen Passport Section. If your passport was issued by another country, contact that country's embassy.

Resources for How to Recover from Identity Theft

• • Mahalo's Guide to Identity Theft
• Identity Theft Resource Center
• Federal Trade Commission: Identity Theft Site - Recover from Identity Theft - ID Theft Complaint Form
• Social Security Online: Identity Theft
• Privacy Rights Clearinghouse: Identity Theft Resources
• California Office of Privacy Protection: Tips for Identity Theft Protection - Identity Theft Victim Checklist
• Inside ID: The Identity Theft Prevention and Recovery Guide
• USPS: Identity Theft Victim
• Office of Justice Programs: Identity Theft
• United States Department of Justice: Identity Theft and Identity Fraud
• HowStuffWorks: How Identity Theft Works
• Fight Identity Theft: Think You're Already a Victim? Follow These Seven Steps.

Credit Agencies

• If you suspect that you are a victim of identity theft, you should contact each of the three major credit bureaus and have a "fraud alert" placed on your file.

• Equifax: 1.800.525.6285
• Experian: 1.888.397.3742
• TransUnion: 1.800.680.7289

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