Legal Resources® Identity Theft Victim Checklist
Table of Contents
Financial Identity Theft………………………………………………………………………………..Page 2
Child Financial Identity Theft ………………….……………………………………………………Page 5
Medical Identity Theft………………………………………………………………………………….Page 6
Criminal Identity Theft…………………………………………………………………………………Page 7
Social Security Number Misuse…………………………………………………………………….Page 8
US Postal Service Fraud………………………………………………………………………………..Page 9
Drivers License Number Misuse……………………………………………………………………Page 9
Phone Service Identity Theft………………………………………………………………………Page 10
Other Important Tips…………………………………………………………………………………Page 10
For a Member who is a victim of Financial Identity Theft
o File complaint with FTC.
o Direct the member to https://www.ftccomplaintassistant.gov/.
§ Tell the member to click on the link on the top right side of the page to fill out the complaint.
§ Print out the complaint.
o Alternatively, they can call 1-877-438-4338.
o File police report.
o Instruct the member to call their local police department and tell them that they want to file a report about identity theft. If they know where the crime was committed, they should file a police report with that local area’s police department.
o Tell the member that if the police are reluctant to take their report, ask to file a "Miscellaneous Incident" report, or try another jurisdiction, like their state police or even the Secret Service.
o Tell the member to bring a printed copy of their FTC ID Theft Complaint form with them when they go to their local police department to file their report.
§ Tell them to ask the officer to attach or incorporate the ID Theft Complaint into their police report.
o Remind the member to ask for a copy of their Identity Theft Report.
§ If the jurisdiction is not able to give them a copy of the official police report, tell the member to ask them to sign their Complaint and write the police report number in the “Law Enforcement Report” section.
o Close the accounts that have been tampered with or opened fraudulently.
o Tell the member to call and speak with someone in the security or fraud department of each creditor.
o Ask the member if there are charges to their existing accounts or if new accounts have been opened.
o For charges and debits on existing accounts:
§ Instruct the member to ask the representative to send them the company's fraud dispute forms.
§ Tell them that if the company doesn't have special forms, to send a letter by certified mail to dispute the fraudulent charges or debits.
· Instruct the member to send it to the billing inquiries address.
· Remind them to send letters by certified mail, return receipt requested, so they can document what the company received and when.
o For new unauthorized accounts:
§ Instruct them to file a dispute directly with the company or provide them with the Identity Theft Report they filed with the police.
· Filing a report with the police and then providing the company with an Identity Theft Report will give them greater protection. The Identity Theft Report will require them to stop reporting that fraudulent information.
o Instruct the member to follow up in writing.
§ Remind them to include copies of supporting documents.
§ Remind them to send letters by certified mail, return receipt requested, so they can document what the company received and when.
§ Remind them to keep a file of their correspondence and enclosures.
o Tell them that once they have resolved their identity theft dispute with the company, they should ask for a letter stating that the company has closed the disputed accounts and has discharged the fraudulent debts.
o Place Fraud Alert.
o Tell the member that there is an Extended Fraud Alert available for victims who have filed an Identity theft report and a 90 Day Alert available for all other individuals.
o Instruct them to notify one credit reporting bureau.
§ That credit bureau is then required to notify the other two bureaus of the Fraud Alert.
o There is a form on each of the websites that needs to be filled out and then mailed back with a copy of the victim’s ID and a copy of a utility/bank/insurance statement, etc. No credit card statements, lease agreements, voided checks or magazine subscriptions are accepted.
§ TransUnion:
· 1-800-680-7289
· www.transunion.com
· Extended Fraud Alert Form-https://fraud.transunion.com/pdf/ExtendedAlertForm.pdf?&__utma=202473940.620572403.1329934808.1329934808.1330968423.2&__utmb=202473940.5.9.1330968463709&__utmc=202473940&__utmx=-&__utmz=202473940.1330968423.2.2.utmcsr=google|utmccn=(organic)|utmcmd=organic|utmctr=(not%20provided)&__utmv=-&__utmk=111051910
· Fraud Victim Assistance Division
P.O. Box 6790 | Fullerton, CA 92834
§ Equifax:
· 1-800-525-6285
· www.equifax.com
· Extended Fraud Alert Form- https://www.alerts.equifax.com/AutoFraud_Online/pdf/Fraud_Alert_7.pdf
· P.O. Box 740241 | Atlanta, GA 30374
§ Experian:
· 1-888- 397 3742
· www.experian.com
· Extended Fraud Alert Form- https://www.experian.com/consumer/cac/PrepopulatedForm.do?PrePopulatedForm.No=1017&type=victim
· P.O. Box 9554 | Allen, TX 75013
o Tell the member that one free credit report is provided for them to review with the 90 Day Alert and 2 free credit reports with the Extended Fraud Alert.
o Place a Security Freeze.
o Tell the member that a Security Freeze locks the consumer credit report and score so that their information cannot be shared with potential creditors.
o Direct them to www.financialprivacynow.org for specific state security freeze information (which includes how to enact the security freeze).
o Remind them that freezes are free for victims of identity theft, but fees may vary for non-victims.
§ All of this state specific information can be found at www.financialprivacynow.org.
o Tell the member that they will be able to apply for credit by temporarily lifting the freeze by using a PIN number.
o Suggest to the member that they select a credit monitoring service.
o Review with the member what credit monitoring services offer:
§ Daily alerts to changes on their credit report.
§ Monitoring of credit bureaus.
· Make sure they choose a service that monitors all three credit bureaus.
§ Unlimited access to credit reports.
§ Fraud resolution assistance.
§ Identity theft insurance.
§ Remind them that fees vary.
o Suggest to the member that they participate in opt-out programs.
o Pre-approved credit card offers
§ You may choose a five-year opt-out period or permanent opt-out status.
§ Call: 1-888-567-8688
§ Online: www.optoutprescreen.com
o Do Not Mail List
§ Good for 5 years
§ Online: https://www.dmachoice.org
o Do Not Email List
§ Good for 2 years
§ Online: https://www.dmachoice.org
o Do not Call Registry
§ Permanent
§ Online: https://www.donotcall.gov
§ Call: 1-888-832-1222
For a Member’s Child who is a victim of Financial Identity Theft
o Tell the member that they can obtain a copy of their child’s credit record by visiting www.annualcreditreport.com. If there is no record in existence then it is unlikely they are a victim.
o If they are a victim they should follow the same steps that any other victim of financial identity theft would, just in the child’s name.
o See “For a Victim of Financial Identity Theft” section for complete instructions.
o Additionally, parents can obtain copies of their child’s Social Security Statement.
o Direct the member to www.ssa.gov/mystatement/
o Alternatively, they can call 1-800-772-1213.
For a Member who is a victim of Medical Identity Theft
o File complaint with FTC.
o Direct the member to https://www.ftccomplaintassistant.gov/.
o Alternatively, they can call 1-877-438-4338.
o File police report.
o Instruct the member to call their local police department and tell them that they want to file a report about identity theft. If they know where the crime was committed, they should file a police report with that local area’s police department.
o Tell the member that if the police are reluctant to take their report, ask to file a "Miscellaneous Incident" report, or try another jurisdiction, like their state police or even the Secret Service.
o Tell the member to bring a printed copy of their FTC ID Theft Complaint form with them when they go to their local police department to file their report.
§ Tell them to ask the officer to attach or incorporate the ID Theft Complaint into their police report.
o Remind the member to ask for a copy of their Identity Theft Report.
§ If the jurisdiction is not able to give them a copy of the official police report, tell the member to ask them to sign their Complaint and write the police report number in the “Law Enforcement Report” section.
o Instruct them to exercise their right under HIPAA to correct errors on their medical and billing records.
o Tell the member to write to their health plan or provider detailing the information that seems inaccurate.
§ Remind them to include copies of any document that supports their position.
§ Their letter should:
· List their complete name and address.
· Identify each item in their record that they dispute.
· State the facts and your reasons for disputing the information.
· Request that each error be corrected or deleted.
§ Tell them that they may want to enclose a copy of their medical record with the items in question circled.
§ Remind them to send letters by certified mail, return receipt requested, so they can document what the company received and when.
o Suggest that the victim place a fraud alert or security freeze.
For a Member who is a victim of Criminal Identity Theft
o First tell the member to contact their Legal Resources plan attorney.
o Mention that they can file an impersonation report.
o Law enforcement should confirm their identity.
§ By taking a full set of their fingerprints.
§ Taking their photograph.
§ Copying any photo identification documents such as a driver's license, passport, or U.S. legal presence documents.
o Once their identity has been established, law enforcement should retrieve a booking record of the criminal event they dispute to compare prints/photographs.
o Law enforcement should recall any warrants and issue a “clearance letter” which they will need to carry around with them at all times.
o Tell the member that they should request that the law enforcement agency follow up with district attorney’s office and/or court of jurisdiction the follow-up investigation establishing their innocence which will entail an amended complaint being issued.
For a Member who is a victim of
Social Security Number Misuse
o Instruct the member to contact the Social Security Administration (SSA) Inspector General to report Social Security benefit fraud, employment fraud, or welfare fraud.
o Information can be found at:
§ They can find the SSA online complaint form at www.socialsecurity.gov/org.
§ Alternatively, the SSA fraud hotline is 1-800-269-0271.
§ SSA Fraud Hotline
P.O. Box 17768 | Baltimore, MD 21235
o If the member’s SSN card has been stolen or lost, instruct them to order a replacement.
o Instruct them to complete the SSA’s application.
§ Online at www.socialsecurity.gov/online/ss-5.html.
§ By phone: 1-800-772-1213.
§ By visiting their local SSA office.
§ They will need to provide the required documentation such as birth certificate and government ID at your local SSA office to get a replacement card.
o As a last resort, they might try to change their Social Security number (The SSA does not recommend it except for very serious cases).
o Tell the member that the SSA will only change the number if they fit their fraud victim criteria.
§ See the Identity Theft Resource Center's Fact Sheet 113 for more information at: http://www.idtheftcenter.org/artman2/publish/v_fact_sheets/Fact_Sheet_113_Social_Security_Number.shtml.
o Ask the member if they believe that their Social Security Number has been used fraudulently for tax purposes.
o Tell the member that it is possible that an identity theft may have used their Social Security Number to gain employment or file a tax return.
§ The IRS has established the IRS Identity Protection Specialized Unit to assist individuals with tax problems.
· Phone number: 1-800-908-4490.
· Online: www.irs.gov/privacy/article/0,,id=186436,00.html.
For a Member who is a victim of
Fraud through the US Postal Service
o If a member suspects there has been an unauthorized change of their address or that the U.S mail has been used to commit fraud, instruct the member to notify the local Postal Inspector.
o Direct them to the US Postal Service at:
§ 1-800-267-8777
§ http://postalinspectors.uspis.gov
§ Online complaint form- https://postalinspectors.uspis.gov/forms/MailFraudComplaint.aspx
§ U.S. Postal Service
Criminal Investigations Service Center | Attn: Mail Fraud
222 S. Riverside Plaza, Suite 1250 | Chicago, IL 60606
o Tell them to notify the local Postmaster to forward all mail in their name to their address only.
o They may need to talk with the mail carrier as well.
o Instruct the member to call creditors to find out where fraudulent credit cards were sent.
For a Member who is a victim of Drivers License Misuse
o Instruct the member to call the Department of Motor Vehicles (DMV) to see if another driver’s license was issued in their name.
o For more information on their state’s DMV direct them to http://www.usa.gov/Topics/Motor_Vehicles.shtml.
o If another license was issued in the member’s name, instruct them to request a new driver’s license number.
o Instruct them to fill out their DMV’s complaint form to begin the investigation process.
o Send supporting documents with the completed form to the nearest DMV investigation office.
o Instruct the member to place a fraud alert on their license if their state’s DMV provides a fraud alert process.
For a Member who is a victim of
Phone Service Identity Theft
o Instruct the member to contact the phone company for information on how to report the situation.
o The steps with the phone company will be similar to those of the credit card companies.
o Instruct the member to add/change the password associated with the account.
Other Important Tips
o Never send original copies of documentation.
o Keep accurate records of every conversation and piece of correspondence.
o Be sure to send everything by certified mail.
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