Remedying the Effects of Identity Theft
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- Gabriella Merritt
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1 Remedying the Effects of Identity Theft Identity theft occurs when someone uses your name, Social Security number, date of birth, or other identifying information, without authority, to commit fraud. For example, someone may have committed identity theft by using your personal information to open a credit card account or get a loan in your name. For more information, visit or write to: FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, N.W. Washington, D.C., The Fair Credit Reporting Act (FCRA) gives you specific rights when you are, or believe that you are, the victim of identity theft. Here is a brief summary of the rights designed to help you recover from identity theft. 1. You have the right to ask that nationwide consumer reporting agencies place "fraud alerts" in your file to let potential creditors and others know that you may be a victim of identity theft. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you. It also may delay your ability to obtain credit. You may place a fraud alert in your file by calling just one of the three nationwide consumer reporting agencies. As soon as that agency processes your fraud alert, it will notify the other two, which then also must place fraud alerts in your file. Equifax: ; Experian: ; TransUnion: ; An initial fraud alert stays in your file for at least 90 days. An extended alert stays in your file for seven years. To place either of these alerts, a consumer reporting agency will require you to provide appropriate proof of your identity, which may include your Social Security number. If you ask for an extended alert, you will have to provide an identity theft report. An identity theft report includes a copy of a report you have filed with a federal, state, or local law enforcement agency, and additional information a consumer reporting agency may require you to submit. For more detailed information about the identity theft report, visit 2. You have the right to free copies of the information in your file (your "file disclosure"). An initial fraud alert entitles you to a copy of all the information in your file at each of the three nationwide agencies, and an extended alert entitles you to two free file disclosures in a 12-month period following the placing of the alert. These additional disclosures may help you detect signs of fraud, for example, whether fraudulent accounts have been opened in your name or whether someone has reported a change in your address. Once a year, you also have the right to a free copy of the information in your file at any consumer reporting agency, if you believe it has inaccurate information due to fraud, such as identity theft. You also have the ability to obtain additional free file disclosures under other provisions of the FCRA. See
2 3. You have the right to obtain documents relating to fraudulent transactions made or accounts opened using your personal information. A creditor or other business must give you copies of applications and other business records relating to transactions and accounts that resulted from the theft of your identity, if you ask for them in writing. A business may ask you for proof of your identity, a police report, and an affidavit before giving you the documents. It also may specify an address for you to send your request. Under certain circumstances, a business can refuse to provide you with these documents. See 4. You have the right to obtain information from a debt collector. If you ask, a debt collector must provide you with certain information about the debt you believe was incurred in your name by an identity thief - like the name of the creditor and the amount of the debt. 5. If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file. An identity thief may run up bills in your name and not pay them. Information about the unpaid bills may appear on your consumer report. Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identify the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report. The consumer reporting agency can refuse or cancel your request for a block if, for example, you don't provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you. If the agency declines or rescinds the block, it must notify you. Once a debt resulting from identity theft has been blocked, a person or business with notice of the block may not sell, transfer, or place the debt for collection. 6. You also may prevent businesses from reporting information about you to consumer reporting agencies if you believe the information is a result of identity theft. To do so, you must send your request to the address specified by the business that reports the information to the consumer reporting agency. The business will expect you to identify what information you do not want reported and to provide an identity theft report. To learn more about identity theft and how to deal with its consequences, visit or write to the FTC. You may have additional rights under state law. For more information, contact your local consumer protection agency or your state attorney general. In addition to the new rights and procedures to help consumers deal with the effects of identity theft, the FCRA has many other important consumer protections. They are described in more detail at
3 Your Rights Under State Law State of Texas - Notice to Texas Consumers Please note that your credit file is owned and maintained by CSC Credit Services, a consumer reporting agency on the Equifax consumer credit reporting system. Equifax provides credit file disclosure, security alert and file freeze services on behalf of CSC for consumers whose credit files are owned by CSC. You have a right to obtain a copy of your credit file from a consumer credit reporting agency. You may be charged a reasonable fee not exceeding eleven dollars ($11.00). There is no fee, however, if your request for a copy of your credit file is made not later than the 60th day after the date on which adverse action is taken against you; or made on the expiration of a six month security alert. To obtain a copy of your credit file from Equifax call or write to PO Box , Atlanta, Georgia, You have a right to place a "security alert" in your credit file. This notice alerts a recipient of a consumer report involving your credit file that your identity may have been used without your consent to fraudulently obtain goods or services in the your name. Placement or removal of a security alert may be requested by calling or, you may send a written request to Equifax Information Services, PO Box , Atlanta, GA With your request, you may include a daytime and evening telephone number so a person who receives a copy of your credit report can verify your identity before approving a transaction. You have a right to place a "security freeze" on your credit file. This notice prohibits a consumer reporting agency (subject to certain exceptions listed below) from releasing a consumer report relating to the extension of credit involving your credit file without your express authorization. A security freeze must be requested in writing by certified mail and include proper identification. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. However, you should be aware that using a security freeze to take control over who gets access to the personal and financial information in your credit report may delay, interfere with, or prohibit the timely approval of any subsequent request or application you make regarding a new loan, credit, mortgage, insurance, government services or payments, rental housing, employment, investment, license, cellular phone, utilities, digital signature, Internet credit card transaction, or other services, including an extension of credit at point of sale. When you place a security freeze on your credit report, the consumer credit reporting agency will send to you, within not more than ten business days after it receives your request, a personal identification number to use if you choose to remove the freeze on your credit file or authorize the release of your credit report for a certain properly designated period; or for a certain properly identified requester. To provide authorization for temporarily lifting the security freeze you must contact the consumer credit reporting agency and provide all of the following: (1) The personal identification number described above. (2) Proper identification to verify your identity.
4 (3) The proper information regarding the designated period for which the report shall be available or proper identification of the requester who is to receive the credit report. A consumer credit reporting agency must authorize the release of your credit report no later than three business days after receiving the above information. Exceptions. A security freeze does not apply to a person with whom you have an account or contract or to whom you issued a negotiable instrument, or the person's subsidiary, affiliate, agent, assignee, prospective assignee, or private collection agency, for purposes related to that account, contract, or instrument To place a security freeze on your credit report, send your request via certified mail to: Equifax Security Freeze P.O. Box Atlanta, Georgia Or, you may contact us on the web at equifax.com or call The fee to place a security freeze on your credit report is $ If you are a victim of identity theft and you submit a copy of a valid police report, investigative report, or complaint made under Section 32.51, Penal Code, no fee will be charged. Include your complete name, complete address, social security number, date of birth and payment, if applicable. Written confirmation of the security freeze will be sent within 10 business days of receipt of the request via first class mail. It will include your unique personal identification number and instructions for removing the security freeze or authorizing the release of your credit report for a certain properly designated period or for a certain properly identified requester. The temporary lifting of a security freeze can be requested by contacting us on the web at equifax.com, calling or writing to Equifax Security Freeze, P O Box , Atlanta, Georgia, The fee to temporarily lift a security freeze for a certain properly designated period is $10 or $12 for a certain properly identified requester. If you are a victim of identity theft and you submit a copy of a valid police report, investigative report, or complaint made under Section 32.51, Penal Code, no fee will be charged. Include your complete name, complete address, social security number, date of birth and payment, if applicable. Permanent removal of a security freeze can be requested by contacting us on the web at equifax.com, calling or writing to Equifax Security Freeze, P O Box , Atlanta, Georgia, The fee to permanently remove a security freeze is $ If you are a victim of identity theft and you submit a copy of a valid police report, investigative report, or complaint made under Section 32.51, Penal Code, no fee will be charged. You have the right to file an action to enforce an obligation of a consumer reporting agency to a you under this chapter in any court as provided by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), as amended, or, if agreed to by both parties, the action may be submitted to
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