Defending Against. ID Theft. San Francisco District Attorney s Office. Kamala D. Harris District Attorney Identity Protection Manual

Transcription

1 Defending Against ID Theft San Francisco District Attorney s Office Kamala D. Harris District Attorney Identity Protection Manual

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3 Message from San Francisco District Attorney Kamala D. Harris Identity theft is a serious crime that has touched the lives of far too many Californians. Victims who have had their identities stolen often spend months or years, and thousands of dollars, cleaning up the mess made of their good name and credit record. Most victims of identity theft don t even know they are victims until well after much of the damage has been done. This guide provides useful tips on how to protect yourself from becoming a victim of identity theft and, in the event that someone does steal your identity, how to minimize the damage. I am working to fight identity theft by prosecuting these crimes to the fullest extent of the law, sponsoring tough new legislation that would give law enforcement the necessary tools to combat this growing crime, increasing consumer education, and working cooperatively with banks and businesses to better safeguard your personal information. Together, we can significantly reduce the opportunity for identity thieves to operate in California

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5 What Is How Can Your How Do You Know If Identity Theft? Identity Be Stolen? Your Identity Has Been Stolen? Table of Contents San Francisco District Attorney s Office Identity Protection Manual What Should You Do If How Can You What Documents Should Your Identity Is Stolen? Protect Yourself? You Routinely Shred? 00.00

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7 Identity theft is fast becoming the most prevalent and costly financial crime in the nation. It is estimated that more than 500,000 people have their identity stolen each year, costing victims and banks billions of dollars. What is Identity Theft? Identity theft is when someone fraudulently uses your personal information to do any number of things in your name. For example, your personal information can be used by identity thieves to: obtain credit take out a loan open a bank account get a drivers license or other form of identification create and use counterfeit checks or credit cards establish new phone service obtain medical care purchase items on credit by phone or mail

8 How can your identity be stolen? Each year identity thieves find new ways of stealing your personal identifying information. Some of the most common ways include: Finding personal information you share on the Internet. Dumpster diving, a practice in which the identity thief rummages through your trash, the trash of businesses, or public trash dumps looking for personal information. Stealing your mail, including bank and credit card statements, credit card offers, new checks, and tax information. Stealing your wallet or purse. Skimming, a practice in which the identity thief steals your debit or credit card number by using a data storage device to capture the information. The data may be captured when you use your card to complete a purchase at a store, gas station or restaurant. The skimming device may also be attached to an ATM machine where you enter or swipe your debit or credit card. Phishing, a scam in which the identity thief sends you an falsely claiming to be from a legitimate organization, government agency or bank to lure you into providing your personal information such as a bank account number, credit card number or password. Often the will take you to a phony or spoofed website that looks identical to the real business, government agency or bank website. Obtaining your credit report through posing as your employer, landlord, or someone else who may have a legal right to access your report. Hacking into electronic files or bribing an employee for access to files containing your personal information maintained at a business. Diverting your mail to another location by filing a change of address form with the U.S. Postal Service. Stealing personal information they find in your home

9 How Do You Know If Your Identity Has Been Stolen? Warning signs that you may be a victim of identity theft include: You are denied credit. You find charges on your credit card that you don t remember making. Personal information, credit cards, ATM cards, checks or IDs have been stolen from you. You suspect someone has fraudulently changed your mailing address. Your credit card bills stop coming. You find something wrong on your credit report, such as loans you didn t take out or accounts you don t remember opening. A debt collector calls about a debt you didn t incur and didn t know about

10 What Should You Do If Your Identity Is Stolen? If your identity has been stolen, your credit history may be ruined; you may end up in debt for purchases or loans you never knew about; and you could be in danger of being arrested for something you didn t do. It is important that you take the following steps as soon as you learn of the theft; acting quickly is the best way to make sure this crime does not get out of control. The longer you wait, the more of your money someone else is spending and, potentially, the greater the damage to your credit and good name. step 1 -:- make a police report California law requires your local police department to take your report (regardless of where the identity theft occurred), forward it to the law enforcement agencies located where the checks or credit cards were used or where the fraudulent credit applications were presented, and provide you with a copy of that report to help clear your name. Send a copy of the police report, with a letter of explanation, to each of the three major credit bureaus: Experian (formerly TRW), Equifax, and TransUnion. Once the credit bureaus receive a copy of the police report, California law requires them to block negative credit information resulting from the alleged fraud. When possible prepare a typed statement of what happened and provide it to the police officer taking your report, along with documentation of the fraudulent accounts and charges, including the city where the fraud occurred. The theft of your wallet, purse, or mail is a separate crime from the fraudulent use of your identity, often involving different perpetrators. If you have not already done so you should make a separate police report of the theft. Record the police report number(s) that you are given and provide them to your creditors

11 step 2 -:- place a fraud alert on your credit file The next step is to place a fraud alert on your credit file. This will prevent an identity thief from opening any more accounts in your name. Also, add a statement to your report similar to the following: My identity has been used to apply for credit fraudulently. Contact me at (home or work telephone #) to verify all applications. Be sure to ask how long the fraud alert is posted on your account, and how you can extend it if necessary. If you place a fraud alert with one credit bureau, that credit bureau is required by law to contact the other two bureaus. The other bureaus will include the fraud alert in their reports as well. However, to ensure that the alert is included in your credit file as quickly as possible, to minimize potential damage to your credit history, contact all three major credit bureaus immediately. step 3 -:- check your credit reports After you have a fraud alert included in your credit history, you are entitled to receive a free copy of your credit report from each of the three major credit bureaus. California law now entitles identity theft victims to a free copy of their credit report every month for 12 months (Civil Code (b)), and allows you to put a freeze on your credit report free of charge in order to prevent new accounts from being opened in your name (Civil Code (m)). Once you receive your credit report, review it for the following: accounts that you did not open Equifax P.O. Box Atlanta, GA Experian P.O. Box 9532 Allen, TX EXPERIAN debts on your account that you did not know about inquiries from companies you don t know inaccurate information TransUnion P.O. Box 6790 Fullerton, CA

12 If fraudulent accounts have been opened in your name, ask the credit bureaus for the names and phone numbers of credit grantors with whom fraudulent accounts have been opened. Send each credit bureau a copy of your police report and ask them to block the fraudulent information immediately (Civil Code (k) requires them to do so). Ask the credit bureaus to notify those who have received your credit report in the last six months in order to alert them to the disputed and erroneous information. Also, ask the credit reporting bureaus to remove inquiries that have been generated due to the fraudulent access. step 4 -:- close fraudulent accounts and report fraudulent charges If your credit report shows any accounts under your name that have been opened without your knowledge and consent, close them immediately. The longer an identity thief has access to these accounts, the more money you could lose. Call each bank or company and then follow these calls in writing. Likewise, if there are fraudulent charges or debts on your account, you should immediately file a fraud report with your bank s fraud department. If you close an existing bank account or credit card account and open a new one, be sure to create a new Personal Identification Number (PIN) and password. If your checks are stolen or bank accounts set up fraudulently in your name, ask your bank to report it to ChexSystems, a consumer reporting agency that compiles reports on checking accounts. You can also put a security alert on your file by contacting the ChexSystems website at Put stop payments on any outstanding checks that you are unsure of. Cancel your checking account and other affected accounts and obtain new account numbers. Give the bank a password for your account (not your mother s maiden name, Social Security number, date of birth, sequential numbers, or any other easily guessed words or numbers). If you later have trouble

13 opening new bank accounts, contact ChexSystems to correct your file by calling (800) or by going to step 5 -:- contact government agencies Depending on how the identity theft occurred and what type of personal identifying information has been stolen, you may also wish to contact one or more of the following government agencies: Social Security Administration (SSA): If your Social Security number has been used fraudulently, report the problem to the SSA Fraud Hotline at or by visiting their website at California Department of Justice (CADOJ): If you believe your identifying information was used to create an erroneous criminal history, contact the DOJ at and provide them with a copy of the police report and other supporting information. (You may also want to consult a lawyer to determine if you should go to court to use the new procedures now available for obtaining a judge s order indicating that you are innocent of the criminal identity theft at issue.) U.S. Postal Inspection Service (USPIS): You can report mail theft to the USPIS. If you feel you have been victimized in a fraud scheme that involves the U.S. mail, submit a Mail Fraud Complaint Form to the USPIS by visiting their website at California Department of Motor Vehicles (DMV): If you believe someone is using your drivers license information as identification on bad checks or for traffic violations, report this to police and to the nearest DMV. Ask if any other licenses were issued in your name and put a fraud alert on your DMV record. You may ask for a new drivers license number. The DMV fraud unit can also be reached by calling or by sending an to dlfraud@dmv.gov or by visiting Federal Trade Commission (FTC): After obtaining a police report from your local law enforcement agency, report your identity theft to the FTC at or by visiting their website at The FTC keeps a national database of identity theft crimes and works with local law enforcement investigating identity theft

14 How Can You Protect Yourself? You can make it more difficult for someone to steal your identity. Although nothing can guarantee that you won t have your identity stolen, by following these simple tips you can greatly reduce your chances of becoming a victim of identity theft. reduce the amount of your personal information in circulation Consumer Credit Reporting Industry: You can stop mail solicitations of pre-approved credit card applications by removing your name from credit bureau marketing lists. You can also do this at or by calling 888.5OptOut. OptOutPrescreen.com is the official Consumer Credit Reporting Industry website created to accept and process requests from consumers to Opt-In or Opt-Out of offers of credit or insurance. National Do Not Call Registry: The National Do Not Call Registry gives you a choice about whether to receive telemarketing calls at home. Most telemarketers should not call your telephone number once it has been on the registry for 31 days. If they do, you can file a complaint at the registry s website. Your registration will be effective for five years. To register your home or mobile phone for free, visit or call Direct Marketing Association: The Direct Marketing Association s (DMA) Mail Preference Service lets you opt out of receiving unsolicited commercial mail from many national companies for five years. When you register with this service, your name will be put on a delete file and made available to direct-mail marketers. However, your registration will not stop mailings from organizations that do not use the DMA s Mail Preference Service. To register with DMA s Mail Preference Service, go to Telephone Directories: Have your name and address removed from telephone books and reverse directories

15 safeguard your personal information Never provide any personal, bank account or credit card, information over the telephone, unless you have a trusted business relationship with the person or company, and you have initiated the telephone call. Similarly, avoid confirming such information to a stranger on the telephone. Store your cancelled checks in a safe place. In the wrong hands, they can reveal a lot of information about you. Destroy all blank checks immediately after you close a checking account. Destroy or keep in a secure place any courtesy checks that your bank or credit card company sends to you. Never permit your credit card number to be written on your checks. It is a violation of California law (Civil Code 1725) and places you at risk of fraud. The same is true for traveler s checks and money orders. Sign new credit cards and debit cards immediately and store them safely. Never write your PIN on your card. Remember to get your credit card or debit card and receipt after a purchase. When you fill out loan applications, find out how the company handles the information. If you re not convinced they store the applications in locked files or shred them, take your business elsewhere. Some car dealerships, department stores, car rental agencies and video stores have been known to be careless with customer applications. Avoid paying by credit card if you have any reason to think the business does not use adequate safeguards for storing and disposing of the transaction slip. Limit the number of credit cards you have and cancel all inactive accounts. Even though you do not use them, those accounts appear on your credit report, which can be used by thieves. Never leave your purse or wallet unattended at work or in restaurants, health fitness clubs, parties, or shopping carts. Never leave your purse or wallet in open view in your car, even when your car is locked

16 keep your social security number safe Take extra care to protect your Social Security number. Release it only when absolutely necessary (e.g., for tax forms, employment records, and most banking, stock and property transactions). Your Social Security number is the key to your credit and bank accounts and is a prime target of identity thieves. If you are requested to provide your Social Security number, even for a use you know to be legitimate, ask to use other types of identifiers when possible. Do not allow your financial institution to print your Social Security number on your personal checks. Do not let merchants write your Social Security number on your checks. Order your Social Security Earnings and Benefits Statement once a year to check for fraud. If your Social Security number is requested for check-cashing purposes, ask if the business has alternative options, such as a check-cashing card

17 limit what you carry in your wallet shred, shred, shred Carry only one or two credit cards in your wallet. Do not carry your Social Security card, birth certificate, or passport in your wallet or purse except when necessary. Keep a list and/or photocopy of all your credit cards, account numbers, and expiration dates along with the telephone numbers of the customer service and fraud departments in a secure place (not your wallet or purse), so you can quickly contact your creditors in case your wallet or purse is stolen. Do the same with your bank accounts. Always take credit card and debit card receipts with you. Never toss them in a public trash container. Shred all documents containing account numbers or other personal information before disposing of them. Bank and other financial statements, ATM and credit card receipts, and pre-approved credit offers are among criminals favorite sources of information. See page 17 for a detailed list of the types of documents you should shred before discarding. Home shredders can be purchased at many office supply stores

18 secure your mail Install a locked mailbox at your residence or business to prevent identity thieves from stealing your incoming mail. Even if you have a locked mailbox, it is best not to place envelopes containing your checks in your home mailbox for the letter carrier to pick up. If stolen, your checks can be altered and cashed by identity thieves. It is best to mail your checks and other sensitive mail from the post office rather than from your home or neighborhood mailbox. Watch the mail when you expect a new or reissued credit card to arrive. Contact the issuer if the card does not arrive. If you don t receive your billing statement, notify the company immediately as it may be an indication that your mail has been stolen, or a change of address has been filed by an identity thief. When you order new checks, do not have them sent to your home address. Have them sent to a post office box or tell the bank you prefer to pick them up. Collect your mail promptly. Have your mail held at the post office if you ll be out of town or on vacation

19 carefully manage your pins and passwords Memorize your passwords and Personal Identification Numbers (PINs), so you do not have to write them down. Never record PINs or passwords on anything kept in your wallet or purse. When using an ATM or public telephone, shield the viewing screen or keypad so that others cannot read your PIN. Do not use the same password to access all of your accounts. Change passwords at regular intervals. Consider asking your financial institution to add extra security protection to your account. Most will allow you to use an additional code (a number or word) when accessing your account. When creating passwords or PINs, do not use the last four digits of your Social Security number, your birth date, middle name, mother s maiden name, address, the name of your family pet, consecutive numbers (e.g.,1234), or anything else that could be discovered easily by identity thieves. Passwords and PINs using a mixture of case sensitive alphanumeric characters work better than simple phrases. Just remember that the more creative your password or PIN, the more difficult it will be for an identity thief to guess it

20 closely monitor your credit reports scrutinize your account statements and bills Periodic monitoring of your credit report is one of the most important steps you can take to safeguard your credit identity. Your credit report tells you whether anyone has applied for credit in your name and may reveal accounts being used without your knowledge, with the bill being sent to a different address. Federal law entitles you to one free copy of your credit report from each of the three nationwide credit bureaus (Experian, TransUnion and Equifax) every 12 months. Order your reports every year and use them to check for inaccuracies and fraudulent use of your accounts. Make sure that you recognize every line of information established in your file. You may contact or visit com to order your report. Check your monthly credit card statement carefully. Notify the credit card company immediately if your bill is incorrect or has not arrived or if your card is lost or stolen. Reconcile checking, savings, and retirement account statements in a timely fashion. Contact the financial institution if you see any transactions you did not make or authorize. Review your utility and subscription bills to make sure the charges are yours. You also may want to consider placing a security freeze on your credit file to restrict access to your credit line and prevent an imposter from opening an account in your name

21 take precautions when using your computer Do not click on links in any s you receive from financial institutions even if you re sure they re legitimate. Instead, go to your browser and type in the domain name of the institution (e.g. or and then login to your account. Make sure your computer is set to automatically download the latest patches and fixes for any security holes discovered. Both Microsoft and Apple have an easy method for doing this. Install anti-virus, personal firewall, and spyware detection software on each of your computers and keep it updated. Never your credit card number or Social Security number. Use only secure web pages for online ordering. (You should see the padlock on the status bar of Microsoft Internet Explorer pages where a credit card number is requested.) Online credit applications, which request a Social Security Number, should also be on secure web pages (Look for the padlock). If not, do not submit the application online

22 What Documents Should You Routinely Shred? When you throw something away, it is available to anyone willing to go into your garbage can, dumpster or recycling bin. Therefore, in order to protect yourself from identity theft, you should always shred anything that has a signature, account number, Social Security number, or medical or legal information. In addition, by routinely shredding all of the types of documents listed below, you can virtually stop an identity thief from stealing your identity by simply looking through your trash: Address labels from junk mail and magazines ATM receipts Bank statements Birth certificate copies Canceled and voided checks Credit and charge card bills and receipts Credit reports and histories Documents containing maiden name (used by credit card companies for security reasons) Documents containing names, addresses, phone numbers or addresses Documents relating to investments Documents containing passwords or PIN numbers Driver s licenses or items with a driver s license number Employee pay stubs Employment records

23 Expired passports and visas Unlaminated identification cards (college IDs, state IDs, employee ID badges, military IDs) Legal documents Investment, stock, and property transactions Items with a signature (leases, contracts, letters) Luggage tags Medical and dental records Papers with a Social Security number Report cards Resumés or curriculum vitae Tax forms Transcripts Travel itineraries Used airline tickets Utility bills (telephone, gas, electric, water, cable TV, Internet) Pre-approved credit card applications Receipts with checking account numbers

24 Created and printed by: San Francisco District Attorney s Office Hall of Justice 850 Bryant Street, Room 325 San Francisco, CA ph: (415)

25 To report identity theft in San Francisco, call: All Emergencies: 911 San Francisco Police Department Fraud Unit: San Francisco Police Department Non-Emergency: Special thanks to the staff and volunteers who put this manual together: SFDA Chief of Special Operations David Pfeifer, Managing Attorney for Special Prosecutions June Cravett, Assistant District Attorney Conrad Del Rosario, and Erik Escarramán, and thank you to Lindsey Brammell for design production

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