Office of General Counsel Identity Theft Information What is Identity Theft? Identity theft occurs when someone uses your name and personal information as their own. Social security numbers, credit card numbers, bank account numbers, drivers' license information, addresses and other personal information are particularly helpful to those criminals who commit identity theft. By using this personal information, criminals are able to file false tax returns and seek tax refunds, open new credit cards and bank accounts in your name, make charges to your credit cards, withdraw funds from your bank accounts and use your name when arrested. For more information on what identity theft is and how it happens, see:
What Happens when Someone is a Victim of Identity Theft? Horror stories about victims' experiences with identity theft are plentiful. How quickly the theft is discovered, how extensive the criminals' use of the identity and the type of fraud involved all affect the extent of the damages a victim may suffer as a result of having their identity stolen. Some examples include:
- One victim learned that there was a felony warrant for his arrest because a criminal had provided the victim's personal information and driver's license during a previous run-in with the law.
- Another victim had his military wages garnished because the criminal who stole his identity ran up significant unpaid bills and the creditors, not knowing that the identity thief had perpetrated a fraud upon them, sought repayment from the victim believing he was responsible for the debt.
- Yet another victim learned she had been a victim of identity theft when she received a legal summons notifying her that a woman hurt in an accident with the identity thief had filed a $50,000 lawsuit.
- Other victims were college students at the time their identity was stolen, but did not learn of the theft until years later when they attempted to make their first big purchase - a house or a car - requiring a bank loan.
Identity Theft is a Crime! Identity theft is a crime under Ohio and federal law. In Ohio, identity theft is a violation of R.C. 2913.49. All victims of identity theft in Ohio should report the theft or suspected theft to their local police department. Soon, victims of identity theft in Ohio will be able to apply for an Identity Theft Passport at the time they file their police report. See Attorney General Jim Petro Receives Federal Grant for Identity Theft Passport, available at http://www.ag.state.oh.us/press%5Freleases/2004/press%5Frelease%5F20040513.htm. The Passport can be shown to creditors, law-enforcement personnel and others to verify the victim's identity and status as a victim of identity theft. At the federal level, identity theft is a violation of the Identity Theft and Assumption Deterrence Act. Also, in July 2004, President Bush signed into law the Identity Theft Penalty Enhancement Act (ITPEA)which establishes mandatory minimum sentences for anyone who possesses someone else's identification information with the intent to commit a crime. The ITPEA also increases penalties for those engaged in phishing scams. The FTC has primary responsibility among federal agencies for taking consumer complaints of identity theft and for providing victims with necessary information and resources to help them respond to identity theft. Many other agencies, however, provide additional information and many will encourage victims to report suspected identity theft to them if their agency is implicated in the theft in some way. Links to many of these agencies and their processes for reporting suspected identity theft are included later in this document.
Known Identity Theft Scams In recent years, identity thieves have been very creative in the methods they have used to obtain their victims' personal information. Some methods have become well known to government authorities. Included below is a brief listing of some of the known identity theft scams. For an up to date listing of known identity theft scams, see the FTC's Identity Theft Scams webpage at http://www.consumer.gov/idtheft/scams.html. I'm Young; Why Should I Care about Identity Theft? Every 79 seconds, someone becomes a victim of identity theft. Think it can't happen to you? In 2003, more 18-29 year olds reported having been victims of identity theft than any other age group. In Ohio, there were over 5,400 reported incidents of identity theft in 2003, although officials suspect there were many additional incidents that were not reported. And the consequences of identity theft are significant. Over 20% of Ohio identity theft victims reported experiencing more than one type of identity theft, such as credit card fraud, phone or utilities fraud, bank fraud, government documents or benefits fraud, loan fraud or employment related fraud. In the United States in 2003, fraud victims reported total losses of $437,463,950 and a median loss of $228. Internet related fraud victims reported total losses in 2003 of almost $200,000,000 with a median loss of $195.
How Can I Protect Myself? The good news is that you are not helpless. There are many ways you can help protect yourself from identity theives. Here are just a few suggestions:
- Collect mail promptly. Do not allow mail to sit in a mailbox easily accessed by the public for prolonged periods of time.
- Review mail to ensure none is missing. If anticipated mail, such as monthly bills, is missing, promptly report it to the sender.
- Know that you are not required to provide your social security number to a business to whom you are writing a check. The company may decline to accept your check, but you are never required to include your social security number on your checks. Often stores can use a driver's license number in lieu of a social security number. Another alternative is to refrain from shopping in that particular store.
- Never provide personal information in an unsecured email. Think of email as the electronic equivalent of a postcard - easily viewed by many people along the delivery chain. Include nothing in an email that you would not want your neighbors, your parents or your children to read.
- Review credit card receipts before leaving them at restaurants to ensure that they do not include your full credit card number. For those receipts that do, cross out the card number except for the last four digits. If this is not acceptable, make sure that you personally deliver the receipt to a manager or your waiter, but be aware that those employees then have access to that information.
- Avoid letting your credit cards out of your sight. Question store clerks who want to take your card away because there is
- Be cautious when providing identification at stores. Many identity thieves are able to obtain a great deal of information about you by looking over your shoulder as you remove your checkbook and driver's license in a store such as your neighborhood grocery.
- Restrict access to your personal information if possible. One way to do this is to sign up for the National Do Not Call Registry at http://www.donotcall.gov. You can also remove your name from marketing lists of credit bureaus to reduce the number of unsolicited credit card offers you receive by contacting http://www.optoutprescreen.com.
- Consider freezing your credit report if your state allows it. If your state allows this, it prevents anyone from opening new credit in your name. You can open credit in your own name by providing a pre-arranged password. Freezing your credit report in this fashion does not affect your credit rating other than by giving you greater control over who can open credit in your name.
- Protect your home computer. Install a firewall and anti-virus and anti-spyware software. This is particularly important if you have a high-speed Internet connection. Students, faculty, and staff at The University of Akron can receive a free copy of McAffee anti-virus software from Computer Solutions. For more information, go to
- Review your credit report for inaccuracies. For more information, contact the credit bureaus listed below or go to http://www.ftc.gov/bcp/conline/edcams/credit/ycr_free_reports.htm
This is just a short list of ways you can protect yourself from identity theft. For more information about protecting yourself, please review some of the following resources:
Who Should I Contact to Report Suspected Identity Theft? Indviduals who suspect they have been the victim of identity theft should immediately file a police report with their local police department. Shortly thereafter, individuals should contact the Federal Trade Commission, any other implicated federal or state agencies, each of the three credit agencies, and, if necessary, their banks, credit card companies and phone company, as well as any companies with whom the identity thief has opened fraudulent accounts. For more information about what to do if you are a victim of identity theft or to report a suspected incident of identity theft, review the information below:
What to do if your identity is stolen
Identity Theft Complaint Forms and Information The following agencies have mechanisms in place to receive consumer complaints of identity theft involving their agencies or departments. Federal Trade Commission - The FTC has primary responsibility for receiving complaints of identity theft. All victims of identity theft should report their experience to the FTC at https://rn.ftc.gov/dod/widtpubl$.startup?Z_ORG_CODE=PU03. Federal Bureau of Investigation Fraud Complaint Center - Individuals who suspect they have been a victim of fraud or identity theft committed over the Internet should contact the FBI's Fraud Complaint Center at http://www.ifccfbi.gov. Treasury Inspector General for Tax Administration - Individuals who suspect that false tax returns have been filed in their name or who receive suspect mailings that appear to be from the IRS should contact the Treasury Inspector General for Tax Administration at http://www.ustreas.gov/tigta/about.shtml. Department of Education Office of the Inspector General - Individuals who suspect identity thieves have taken out student loans in their name and students who become victims of identity theft or suspect their student information has been stolen should report the theft to the Education Department's Office of the Inspector General at http://www.ed.gov/misused. United States Postal Inspection Service - The USPIS is the law enforcement arm of the Postal Service and is responsible for investigating cases of identity theft involving the mail. If your mail has been stolen or a fraudulent change of address has been submitted, the USPIS may be able to assist you at http://www.usps.gov/websites/depart/inspect. Social Security Administration's Office of the Inspector General - http://www.ssa.gov/oig/guidelin.htm - The Social Security Administration investigates cases where an individual's social security number (SSN) has been used to fraudulently obtain Social Security benefits, as well as cases involving counterfeit SSN cards, the manufacturing or selling of SSN cards or information, and the misuse of SSNs linked to terrorist groups or activities. United States Department of State - Individuals who have lost their passport or who believe it was stolen or is being used fraudulently should contact the Department of State at http://www.travel.state.gov/passport/lost/lost_849.html or call a local USDS field office.
Credit Bureaus Equifax - http://www.equifax.comTo order a copy of your credit report:
P.O. Box 740241
Atlanta, GA 30374-0241
1-800-685-1111 To report fraud:
P.O. Box 740241
Atlanta, GA 30374-0241 Hearing impaired? Call 1-800-255-0056 & ask the operator to call the Auto Disclosure Line at 1-800-685-1111. Experian - http://www.experian.com To order a copy of your report:
P.O. Box 2002
Allen, TX 75013
1-888-397-3742 To report fraud:
P.O. Box 9530
Allen, TX 75013
1-888-397-3742
TDD: 1-00-972-0322 Trans Union - http://www.transunion.com To order a copy of your report:
P.O. Box 1000
Chester, PA 19022
1-800-888-4213 To report fraud:
Fraud Victim Assistance Division
P.O. Box 6790
Fullerton, CA 92634
1-800-680-7289
TDD: 1-877-553-7803
Other Consulted and Available Resources
Disclaimer Everything published on this web site and the attached pages is intended for educational use only and should not be regarded or taken as legal advice that would be provided by an attorney to his or her client. Certain links on this site lead to servers maintained by individuals or organizations over whom The University of Akron has no control. Those links, when provided, are available to help you identity and locate other Internet resources that may be of interest to you. The University of Akron makes no representation or warranties regarding the accuracy or any other aspect of the information located on such servers. |
