Identity Theft
Identity theft is different from other crimes. You may not even know you are a victim until you can’t get a loan, get calls from bill collectors, or your credit score drops.
Finding out that your identify has been stolen can be scary, and it can be stressful to try to fix it. Below is some information that can help.
What is Identity Theft?
Identity theft is when someone uses your personal or financial information without your permission.
Identify thieves may use your:
- Name
- Address
- Social security number
- Credit card
- Bank account numbers or
- Medical insurance number.
The thieves may use your information to buy things, get benefits, file taxes, or pretend to be you.
Identity theft is a serious crime. It is important to stop the theft as soon as possible.
You may be a victim of identity theft if you:
- Can’t explain some withdrawals from your bank account.
- Don’t get your bills or other mail.
- Have charges on your credit or debit card statements for goods or services you didn’t buy.
- Get statements for credit cards you didn’t open.
- See errors or unfamiliar accounts on your credit report.
- Get bills for medical services you didn’t use.
- Get calls from debt collectors about expenses that are not yours.
- Get notice from the IRS that more than one tax return was filed in your name, or that you have income from an employer you don’t work for.
I think my personal information was stolen. What should I do?
There are things you can do as soon as you think that your personal information has been stolen.
First, report it to the FTC (Federal Trade Commission) as soon as possible. You can go to identitytheft.gov.
The FTC will give you an Identity Theft Report and a recovery plan. The plan will show you how to fix the problems the identify theft caused. It may take time, but it guarantees you certain rights.
After you get an Identity Theft Report:
- Change all account passwords and PINs. Think about securing your passwords.
- Place a free fraud alert with any one of these 3 credit bureaus. They must tell the other 2.
- Experian.com/fraudalert
- TransUnion.com/fraud
- Equifax.com/CreditReportAssistance
- Get your free credit report. Read it carefully. Note any charges you don’t recognize.
- Put a credit freeze on your account. This means no one can see your credit report until you remove the freeze. Ask any of the 3 credit bureaus to do this.
- Replace stolen government-issued ID, such as driver’s license, social security card, or passport.
- Consider reporting the crime to your local police, especially if you know who stole your identity.
You can use the Federal Trade Commission sample letters to help you resolve your identity theft issues.
What are my rights as a victim of identity theft?
Federal laws protect identity theft victims. If someone steals your identity, you have the right to:
- Get an Identity Theft Report
- Free copies of your credit report
- Put a 90-day initial fraud alert on your credit report
- Put a 7-year extended fraud alert on your credit report
- Remove incorrect information from your credit report
- Stop creditors and debt collectors from reporting fraudulent accounts
- Copies of documents related to the identity theft
- Stop debt collectors from contacting you.
- Have your financial responsibility limited.
If the identity thief is tried in federal court, you have additional victim rights.
You can find more information about identity theft victim rights on the FTC website.
How do I get creditors to stop calling me about debts I don’t owe from my identity theft?
To get creditors to stop collections activities against you, you can:
- give the creditor a police report OR
- if you are not comfortable going to the police, you can give the creditor
- a filed Federal Trade Commission (FTC) Identity Theft Report WITH EITHER
- an FTC Identity Theft Victim Affidavit OR
- a statement written and certified by you explaining what happened. To see what the statement needs to contain read section 2 of the General Business Law604-A.
You can find more information and help from the FTC “What to Do Right Away” and from the New York Attorney General.
How can I protect myself from identity theft?
Identity theft can happen to anyone. To help lower your risk:
- Keep your personal information in a safe place. Be careful with your wallet, credit and debit cards, social security number, and PIN numbers.
- Do not give your personal information – by phone, mail or online – to anyone you don’t know. The IRS will not call and ask for your information over the phone.
- Always read your credit card and bank statements carefully. Contact your bank if you see a purchase that you didn’t make.
- Know when payments are due. If bills are late or you do not get them, contact the sender.
- Pick up your mail as soon as possible. If you are gone for a few days, ask the Post Office to hold your mail.
- Shred receipts, credit offers, account statements, expired credit cards, and other documents with your personal information before throwing them away.
- Review your credit reports at least once a year. Order a free report from Annual Credit Report.
- Make sure your personal information online, on your computer, and on your phone is safe. Use secure websites, firewalls, and anti-virus software. Create complex passwords that cannot be guessed.
For more information about identity theft, please visit consumer.gov or contact the NY Attorney General office in your area.