ID theft / bankruptcy / etc.

Discussion in 'Credit Talk' started by billermo, Aug 21, 2002.

  1. billermo

    billermo Member

    I have a truly gothic situation here.

    I had ID theft performed on me by none other than my father. He used my social security number. I confronted him years ago to stop it. Later I got a credit report and realized the extent of the damage. He said he was in the process of fixing it and it would all be taken care of soon, that it would all get moved over to his number, a new one he was waiting for from Social Security. There seemed to be evidence that he was doing that. And I was too stupid to be as suspicious as I needed to be.

    He used my SSN for his job, taxes, driver's license, for lots and lots of credit including a leased car for years and home loans and mortgages.

    OK so a couple of years went by and I had to relocate and find a new apartment. On submitting to another credit application, I discovered that he had declared bankruptcy -- using my number!

    I am living in another state by the way. I decided then not to confront him again but to contact the court in his state where the decision was issued. After talking with the authorities I was told to make a statement to the court, which I did at a US Trustee office in my state. A month or 2 later I got documentation from the court stating that the bankruptcy had been tossed out. Overturned. This is 1999.

    Now finally I am wanting to get this whole matter straightened out completely once and for all. Got my current credit reports sent to me. The bizarre thing is that they indicate that a lot of the pre-1999 debts are "charged off in bankruptcy". And there is a bankruptcy decision there on my report too. The only post-1999 debts are my own small ones of a couple hundred bucks or so (his were in the hundreds of thousands, by the way).

    Now I spoke to a lawyer about this at one point and he predicted that this would be very difficult to straighten out because to these creditors, my fraud allegation will appear suspicious and some (there's over 20) will certainly do whatever they can to avoid removing it from my credit history, preferring to stick me with his bill rather than go after him.

    Now the thing is, if I leave the pre-1999 items as they are, then according to the credit report they will be deleted from the report in 2006. I am afraid to do something that will likely put me in an even worse position, and I have no need to take out loans or anything right now, so it might be ok.

    Then again, would those debts be erased ANYWAY whether or not they are part of a bankruptcy? If so, then I have nothing to lose by challenging them.

    I haven't spoken to my dad since the incident in 1999. Actually at that time I stopped taking his calls, and we haven't spoken since. But another option might be to get back in touch with him and tell him to contact those creditors and accept the debts as his own. Doubt he would do that though because of course he risks arrest that way. And I'm not sure the creditors would be willing to agree to that either -- for one thing they would know he is a high risk to declare bankruptcy on them to discharge the debts.

    What a mess, huh?
     
  2. ttowns

    ttowns Well-Known Member

    Well, if you can prove that you were one place and he was another, then it would help. I've been through the same thing with my mother. I know how you feel. She did things starting when I was 17! (I would have been real happy about the $7000 credit line if she hadn't filed a BK on it.) Contact all 3 bureaus and dispute all of the listings as not yours. Get affadavits from your job, landlord, friends, etc. The addresses, jobs and personal info is easy to change. And the listings that go along with them should go when they do. IMMEDIATELY put fraud alerts on all 3 of your credit files. Ask them for a code or something. Get a mail box that only you have the key for to have your mail sent to. Let the person know that you and ONLY you are to get in that box. Give them a picture of your father and tell them to alert the police if he comes by sniffing around or says that he's you. Get a notary of your signature, a certified copy of your birth certificate, social security card and driver's license. Keep them locked up. There's so much to tell you. Get cracking on the pertinent stuff right now. Email me if you need help for anything else.

    P.S. You could always contact him and get him on tape admitting to the identity theft. Nothing more, nothing less. Then see how far you can get with the tape. You could let him know that if he doesn't take responsibilty for the mess he's made or you'll have the police pick him up. Or just call the police after you have the tape. Then contact the creditors(remember that they allowed someone other than you to open accounts in your name, they ARE responsible) and tell them that you have proof that this account is not yours(the stragglers after doing the disputes). I know I sound callous, but I've been there. He doesn't care what he's done to you, why should you cover for him? Maybe some jail time will make him wake up and see that he can't do this. Least of all to his son.
     
  3. keepmine

    keepmine Well-Known Member

    I agree with ttowns. I'd start fighting. First of all, why not take the papers you have from the bk court to the police dept. and file a fraud report? Swear out an arrest warrant if they'll let you. That's pretty agressive action that I think will get creditors and cra's attention.
    Also, you should check with the SS Administration. God knows what the withholding and benefit information looks like if he's been using your ss# for employment and withholding purposes.
    I don't envy you a bit. This cleanup could take years.
     
  4. billermo

    billermo Member

    Thanks.

    Well, I'm leaning in the direction of doing just that. But I want to know where everything stands first before I do. What the risks are.

    Does anyone know about this: if the bankruptcy is overturned and the debts do indeed stick to MY credit report, would they stay on my report for seven years as bad debts or would they stay on beyond seven years or indefinitely? And then would that be from their start date or from another later date?

    Also, it is still a mystery why there is a bankruptcy showing up on my report. A lot of the bad debts definitely say "charged off in bankruptcy, 1999". Makes me wonder if the court failed to report the case to the CRA's, which they are responsible to do (it says so in the document).

    Yes I am 99% sure that he obtained a social security card for my name at some point. I'm pretty sure he would have needed that to get jobs and a driver's license with my number. It seems as if nobody bothers to check the birthdate on SSN cards, or they would have caught him.

    I dont' have to worry about much of the other stuff (stolen mail, etc.) because he lives in another part of the country.

    Thanks!
     
  5. billermo

    billermo Member

    Ttowns, I tried to email you but when I do I get a message that says you are not receiving email messages from other members.

    I will make sure my email preference is open, so if you see this, please do email me.

    Thanks!
     
  6. erik776

    erik776 Well-Known Member

    Sorry to hear that.

    OK, first, if you got the bankruptcy tossed out at the court level, I would dispute the bankruptcy itself be itself with all three CRA's by certified return recite requested mail.

    File a police report and get a copy of it. You can do this where you live now. If the police give you a hard time, quote them the law from the Identity theft and assumption deterrence act of 1998. http://www.ckfraud.org/title_18.html

    Get a mail box with a private outfit like Mail Box Etc. http://www.mbe.com

    Change your phone number, get it unlisted and get call blocking on it. Make sure you update your new address and phone number with the three CRA's and perhaps with your existing credit card companies and other creditors if you have any.

    If you chose not to change your phone number, consider an outgoing message like "I have been a victim of identity theft, please do not issue any new credit without talking to me directly. If you have any questions please call the XYZ police department at YYY-YYY-YYYY."

    Get a note pad or whatever and keep a log of your conversations regarding the identity theft.

    Contact the fraud department of the big three CRA's and have a fraud alert placed on your three credit files. At this time you should ask for copies of your credit files. Because you are doing a fraud alert they will be free. Note that you will have to renew these fraud alerts every so often. Ask how long they last.

    You also want to follow up with each CRA with a written certified return recite requested letter.

    You should consider filing a victims statement with each CRA. You can say something like "Someone has been fraudulently applying for credit in my name. Call me at XXX-XXX-XXXX to verify all applications for credit".

    CREDIT BUREAU ADDRESSES FOR REPORTING IDENTITY THEFT OR FRAUD

    Equifax
    To report fraud, call: 800-525-6285 and write:
    Equifax Credit Information Services, Inc.
    PO Box 740241
    Atlanta, GA 30374-0241
    www.equifax.com

    TransUnion
    To report fraud, call: 800-680-7289 and write:
    Fraud Victim Assistance Department
    PO Box 6790
    Fullerton, CA 92834-6790
    www.transunion.com

    Experian
    To report fraud, call: 888-397-3742 write:
    PO Box 9556
    Allen, TX 75013-9556
    www.experian.com

    Fill out a ID theft affidavit for each account that was part of the identity theft. The purpose of this form is to not become legally responsible for debts that were incurred from identity theft where a new account was established in your name. This is a new form and not all institutions will accept it, so call them first and ask if they will accept it before you fill it out.
    http://www.consumer.gov/idtheft

    Contact the Social securities administration and inform them that your SS number has been used in identity theft and fraud.

    If your SS number is the same as your drivers license number, get the number changed. States now will let you get a different number.

    Get a copy of your Chex Systems file to see if anyone has written a bad check in your name in the last five years.
    Chex Systems
    1-800-428-9623
    http://www.chexhelp.com

    Check your MIB file just in case you might want life insurance down the road.
    Write to request your medical records from the Medical Intelligence Bureau.
    Medical Intelligence Bureau
    PO Box 105, Essex Station
    Boston, MA, 02112

    Go to amaxon.com and order a copy of "It's none of your business". This is a book that goes in to how to not be found.

    Good luck.
     
  7. billermo

    billermo Member

    There is a big factor here that I dont' think is being understood.

    It is easy for me to have the bankruptcy cleaned from my credit report. What happens next is that those individual creditors involved in the case would be alerted. As of now those debts that were included in the bankruptcy are due to be cleared from my report in 2006, 7 yrs after the bankruptcy. This is what it says on the reports.

    IF those creditors are alerted that the bankruptcy is void, then the accounts are reopened. They are all in MY name and social security number. They reappear as open accounts and bad debts on my credit report and they can then not be removed until 7 years after they are paid IN FULL, unless the creditors themselves decide to do so.

    The creditors must be convinced to switch those accounts to his name rather than mine. Given the high total number of debts I think it's a near certainty that I will end up with at least some very large debts stuck on my credit for good. The dollar totals involved are far beyond my reach financially.
     
  8. keepmine

    keepmine Well-Known Member

    I guess I am confused as to why someone who is a victim of ID fraud refuses to fight back. You are not responsible for these debts no matter how large they sre. The OC is on the hook for them. But, you have to take the steps to scream fraud loud and long. You've been given some great ideas. In no way is any of this going to be easy but, you have to take the initiative. If you wish to wait until 2006 then, that's your choice.
     
  9. ttowns

    ttowns Well-Known Member

    I took it off. You should be able to email me now. I sya that you have your father arrested. He should have the credit cards in his possession and they will go on the arrest report. Especially if they do it at "your" house and he opens the door. Please don't wait any longer. Email me and we'll talk. It's an awful feeling, I know. But you WILL get through it. I just looked over your original post, and since the 2 of you lived in separate states proving that you were not the person that did these things will be easier.
     
  10. erik776

    erik776 Well-Known Member

    Billermo

    How you want to handle this situation is your choice. I have suggested a course of action that allows you to get your credit cleaned up without directly going after a family member. The police hate to even take an ID theft report and doubtless will just file it.

    The other thing you should do if you take most of the steps I outlined earlier is if the BK gets deleted from all three credit reports, dispute the other accounts included in the BK four at a time with each CRA. This course of action has the potential to get your credit history completely fixed in the very near future.

    I Don't see any way an account can be re-aged if you are just disputing negative accounts with the CRA's.

    Good luck.
     
  11. billermo

    billermo Member

    I spoke today with someone at Consumer Credit Counselling Services. I was told that if a debt is on my credit report, it can remain there well beyond seven years, or even forever. The same debt begins a new 7-year cycle if it is passed on to another bill collector. That is how it becomes new again.

    If this is not true, then I was misinformed.

    As of now, these debts are all in my name (regardless of who actually initiated them), and if the bankruptcy is cleared off, then they go back on my report as overdue debts. Apparently only the creditors themselves can decide to take them off my report. No law compels them to do this as far as I know.

    I am going to examine all the factors soon and decide how to handle this. Also speak again with a lawyer. Two different lawyers have already warned me that getting all the creditors to agree to clean my record will NOT be easy, even with solid evidence. Again, they may be wrong, I dont' know.

    I'm trying to consider the advantages, disadvantages and risks of two very different options.

    Let me explain this another way:

    * if the debts remain as they now appear on my report (that is, charged off in bankruptcy), then in a few years they will disappear from my report. In 2008, my slate would be clean.

    * if I clear the bankruptcy from my report now, all those debts will reappear on my report as overdue debts, and then I must begin disputing them one by one with the creditors. Of the twenty-odd accounts, some at least are almost certain to resist. Those debts could remain on my account forever. So in 2008, I may have debts in the hundreds of thousands with no hope of clearing my report.

    So it is possible that the best thing to do is to wait out the bankruptcy period.

    I'm not very concerned about the ramifications on his end. He had many opportunities to clean this mess.
     
  12. ttowns

    ttowns Well-Known Member

    Well, I have gone through it. Not once, but twice. I've been working on it since mid-March when I didn't know from the FDCPA. But with knowledge, help and determination, you CAN do it. I am down to:

    Equifax-The a**holes(CBCS) I am suing for a fraud gas bill that they will NOT take off(I got off it of Experian because they never answered the dispute-fine with me) and a check that someone wrote after they stole my wallet (Why me? Between my mother and strangers, I SWEAR!). It's NCO/Marlin/Gold Key. I'm not worried. But I started out with PAGES of negative stuff, so now it's one page. Happy, happy, joy, joy.


    Experian- A judgment from 1996 which I did not bother to have vacated because it is coming off in April of next year. I used to live in NJ and the SOL is 14 years. I spoke to the attorney and he IS the kind that would renew it. I'm waiting for it to come off, then I'll have it vacated(It was fraud, I'll go back home if I have to. They never served me anyway.) Hell. From the way it looked when I started, I am happy as hell that this is the only negative left.

    Trans Union-One fraud account from the wallet. And I'm suing the F*CK(sorry) out of the company because it was deleted and I didn't sue them the FIRST time for all of their violations. But now they have come back with a non-existant, voluntarily dissolved in 1996 company to list it under (I have already sent my supporting info to TU and every government agency I can get my hands on-I only have a week or so left to go for the TU investigation). I only have one positive credit card account showing, and it's closed. I'm waiting to get all of the negative stuff of before I get anything new. It looked like a book when I started. I thought I would never clean it up. Four public records just got deleted about 2 weeks ago. My score went up 90 freaking points.

    And it's now August. If I would have to say real time that I actually knew what I was doing, it's only taken me 4 months.

    Do NOT bother with consumer counseling. It won't help. And they lied to you. The time that it can be on your report (if it is CORRECT, mind you) is 7 years. And even then it doesn't have to stay. Seven years from 180 days after it went delinquent and was never caught up, no longer (unless it is a BK, judgment or something of the like). The CCCs firms make money from your ignorance. Don't worry, it's not just you. I swear the the CRAs, CAs and CCCSs are in business together(must be the C...).

    I would get started. The quicker you start, the quicker it will be over. I was going to give up when I took a look at the 3 of them at first. You WILL get discouraged and you WILL want to kill your father( I swear, if my mother wasn't dead already, I would have killed her). But you WILL get through it. Not to mention that fact that you'll have pertinent, valuable information that will insure that it will never happen to you again.


    By the way, Erik, in one post you suggest filing a report with the police "File a police report and get a copy of it. You can do this where you live now. If the police give you a hard time, quote them the law from the Identity theft and assumption deterrence act of 1998", in the next you say that doing it won't be worth a damn "The police hate to even take an ID theft report and doubtless will just file it.". Your first answer was right on the money. I was with you until the second post. Which is it?
     
  13. erik776

    erik776 Well-Known Member

    Ttowns

    "By the way, Erik, in one post you suggest filing a report with the police "File a police report and get a copy of it. You can do this where you live now. If the police give you a hard time, quote them the law from the Identity theft and assumption deterrence act of 1998", in the next you say that doing it won't be worth a damn "The police hate to even take an ID theft report and doubtless will just file it.". Your first answer was right on the money. I was with you until the second post. Which is it?"

    Well, by the second post I meant that Billermo does not have to worry that this action would necessarily mean that the police will go after his father. Even if it did, filing a police report is a standard and necessary step in the process of dealing with identity theft. In a deferent kind of scenario, a worst case scenario, a person might have their wallet stolen. Then a criminal could take a blank check from the wallet, if their was one, and use the transit number to make and pass bad checks. The person who had their wallet stolen might get pulled over for a burned out tail light and end up in jail for three months until the case for check fraud went to trial. In a situation like this it would make it a lot easier for a lower to get the victim out on bail.

    Billermo

    To respond to your concerns:

    What I was thinking regarding the BK was if you get the BK itself off the credit reports first, then you should have less trouble getting the BK negative accounts removed. To do this you should be able to just do the disputes with the CRA's. If they don't comply you can threaten to sue them under the Fair Credit Reporting Act.

    They can't change the way a negative account is listed in a credit report.

    Re-aging accounts is not legal.

    Consumer credit counseling companies work for the credit card companies and their primary function is to get a consumer to repay 100% of the money owed. Their sideline if you will is to give advice on how to set up a budget. It does not surprise me that they don't know the law.

    As far as waiting until 2008 for the BK to fall of your report: "Note that in certain exempted cases, derogatory information can be seen on your credit reports permanently. These situations are: the employment of any individual at an annual salary which is $75,000 or more; the underwriting of life insurance for a face amount of $150,000 or more; or a credit transaction of $150,000 or more." I think it makes since to get the BK off your credit reports if you have had it thrown out at the court level.

    As far as seeking advice from an attorney, I would look for one that specializes in consumer law or cases of identity theft.

    Good luck.
     
  14. ttowns

    ttowns Well-Known Member

    I misunderstood what you were saying. Sorry. billermo, I emailed you back.
     
  15. SCMomof5

    SCMomof5 Well-Known Member

    Ahhhh, I feel your pain. My brother did that to my father, only not to that extreme. (only 10K).

    Contemplating turning your relative over to the authorities is more difficult than most folks imagine. My stbx stole my checks, forged my name at a gambling place and the checks bounced. He took my valuables and my children's valuables, pawned them and lost them. My boys are ADD and he was taking them to multiple doctors and multiple pharmacies to get lots of Ritalin every month. The extra he would crush and snort. When he ran out, he would steal theirs. I changed both to concerta which is tamper proof. My older boy then displayed signs of depression. We put him on meds for that and it essentially removed the effects of the concerta. We switched him to capsule Adderall. I kept checking with the teachers, but they could not tell any improvement in grades or behavior for the first 2 months. By accident I found that my stbx was emptying the capsules and filling them with sugar. Later, he would take half of each capsule. (on the weekends - during the week his meds were in my desk at the office). I tried locking them in a 'safe' but he broke in and laughed about being able to do it.

    So why having I had him arrested? It just isn't in me to do it. I am divorcing him though!
     
  16. billermo

    billermo Member

    Erik:

    OK well that I did not know that about CCCS. The last attorney I spoke with was one specializing in bankruptcy who I was referred to by CCCS. I must admit that I was disturbed by the fact that the CCCS counsellor did not seem to be aware of whether or not there was a problem with contesting these debts as ID theft years after the fact (he thought "maybe" there is a certain time period that you have to report them within). It seemed to me that someone with his job title should know that.

    Just so we are sure: are you saying that if I have a dentist bill that is 6 years old, and after six years it's sent to a collection agency, that this debt once reported by the collection agency only has a life on my credit report of one more year? And it is 7 yrs from the point of delinquency? Does "delinquency" mean the first time a payment is missed ?

    When you say CRA's can not change how a delinquent account is listed, well, if the creditor is alerted that there is in fact no bankruptcy, then I would expect the creditor can change the account status from "$0 - discharged in bankruptcy" to "$22,345 - last payment 4/00." If the debt is not included in bankruptcy then they have a right to collect it, no? And also to have it listed with CRA, I would expect.

    Now as for disputing the debts with the CRA, I think there is still one piece of this I did not make clear. The bankruptcy was thrown out in court. What was proven in court is that my identity was used to falsely file a bankruptcy. That's all. The court did not find that all the debts that were included in the bankruptcy were committed fraudulently--that issue was outside the scope of the case before them. So this means the CRA would have the responsiblity of removing the item of the bankruptcy itself, but there is nothing to force them to remove the debts.


    Ttowns:

    Don't worry I am working on this every day now. It's just that I don't want to pull triggers until I have the shot lined up right.

    It does sound encouraging that you could make so much headway in so short a time. Gives me hope, yes.

    Erik's point about police reports: I think even if the police won't pursue the case, the report is is helpful as official, corroborating information, proof that the victim is on public record with the fraud charge. Of course it's a crime to lie to the police, so the police report carries some weight.

    Thanks again for your help on this, both of you.

    Bill
     
  17. erik776

    erik776 Well-Known Member

    inquiry on your report, see the bankruptcy is gone and change the status of the account to just delinquent. Well if they do that, you threaten to sue the original creditor for reporting incorrect information under the Fair Credit Reporting Act. If ,you actually make it to court you stand to will $1,000 per account.

    Also lets stop here and consider that even if you just have the bankruptcy entries themselves removed, your credit score will go up.

    Now if you are worried about accounts going to collections and them getting a judgment against you the Statute of Limitations comes in to play. What state did you and your father live in at the time the accounts were created? Credit cards are considered open accounts. http://www.cardreport.com/laws/statute-of-limitations.html

    If the SOL has passed the debts are un-collectable. Then the issue is strictly a mater of getting the delinquent accounts off your report.

    If it were me and I had the Court papers in hand I would go after the 3 CRA's first and if necessary sue them rather than messing with over 20 original creditors.

    I hope this answers most of your questions or concerns. I just wanted to add that I have herd of people who have gotten 25 delinquent accounts removed in a mater of three months that were not included in bankruptcy, but getting accounts that were included in a bankruptcy is very tough.

    Good luck.
     
  18. billermo

    billermo Member

    Erik,

    OK first I should mention that the link you sent is not connecting, not on my end at least.

    Now what you are stating here doesn't seem right. You say that the creditors can be sued for $1000 each for reporting incorrect information. But are you presuming that it has been established that the information is incorrect? The court case involving the bankruptcy did NOT establish that. That fact probably can only be enforceably established in a court. But that hasn't happened. Lawyers have told me that I can not expect the creditors to take my word for the fact that fraud was committed, and even to expect that some of them will completely resist me on that.

    So how can it be established? In court. So we are talking about twenty something lawsuits, all financed by me.

    OK if it is true that they stand to lose $1000 over an account, well if by fighting it they can hope to get me on the hook for a bill of $25,000 or more, then that $1000 is not going to inhibit them. That's no incentive for them to give in. Imagine if the debt is $250,000.

    So it seems as if you are suggesting that I can file as many as 20-something lawsuits. None of those are guaranteed victories, as far as I know, and I expect we'd come up against some pretty high-priced lawyers, especially on the items with bigger price tags. How much will it cost me per lawsuit? What are my chances of victory in each? What am I likely to end up with in the end? at what cost?

    I am trying to consider the real advantages and disadvantages of both options. You seem to be pretty strongly endorsing the one direction, but I don't have the feeling you are giving its inherent risks fair consideration.

    The main risk in waiting seems to be that the creditors may discover the thrown-out bankruptcy at some point, eliminating that option. That would bring me back to square one.


    Bill
     
  19. ttowns

    ttowns Well-Known Member

    Hey. I found a wonderful thing today. It's a statute that says that if you send the CRA a police report from your identity being stolen, they MUST block whatever information that is a result of the fraud. This is from California Civil Code, but if you check your state laws you might find something. What state are you in? I'm still looking for the Federal Laws, but this is a jumping point.
     
  20. ttowns

    ttowns Well-Known Member

    I'm getting closer...

    I can't find the specific section of the Identity Theft Act that says exactly what is up, but...

    For Release: March 20, 2002
    FTC Testimony on Identity Theft

    Positive Steps Can Be Taken To Alleviate Harm To Consumers and Reduce Occurrence, Agency Says

    The FTC today told the Senate Judiciary Committee's Subcommittee on Technology, Terrorism, and Government Information that while there is good reason for consumers to be concerned about falling victim to identity theft, there are "real and positive steps" that can be taken to reduce the incidence of this crime and alleviate the harm to consumers. Testifying on behalf of the agency, J. Howard Beales, Director of the Bureau of Consumer Protection said, "We are committed to working with our partners in the public and private sectors, and will continue to forge a comprehensive approach to this challenge."

    "The FTC enforces a number of laws that address consumers' privacy, and intends to increase substantially the resources devoted to privacy protection," the testimony says. "The FTC's identity theft program is an important part of that initiative. Consumer and victim assistance, data sharing with law enforcement and financial institutions, and cooperative efforts with the private sector are among the most visible examples of the FTC's effort."

    The testimony notes that since the 1998 passage of the Identity Theft Act, the agency has established a toll-free hotline to provide victim assistance and consumer counseling, developed a database clearinghouse of identity theft complaints, and launched a consumer and business education campaign. "The Clearinghouse is the federal government's centralized repository of consumer identity theft complaint information. . . . More than 270 law enforcement agencies nationwide have signed confidentiality agreements that grant them membership and access to the Identity Theft Data Clearinghouse," the testimony says.

    The FTC has taken a series of initiatives with both public and private sector entities to encourage the investigation and prosecution of identity theft cases and to help consumers resolve identity theft problems. In coordination with the United States Secret Service, it has launched an identity theft case referral program to assist in the detection and prosecution of identity thieves. In addition, it has initiated a series of training seminars for state and local law enforcement officers to be held in major cities across the country. "The training seminar provides officers with technical skills and resources to enhance their efforts to combat identity theft, including strategies for both traditional and high-tech investigations. The training also identifies key components for successful actions by local, state, and federal prosecutors, and identifies resources, such as the Clearinghouse database, that are available to law enforcement when conducting identity theft investigations. Our goal is to encourage the prosecution of these cases at all levels of government," the testimony says.

    The agency also has worked with the private sector to reduce the burden on identity theft victims by developing a single affidavit consumers can use with all the credit reporting agencies to report the theft of their identity. "The affidavit was the culmination of an effort we coordinated with private industry and consumer advocates to create a standard form for victims to use in absolving identity theft debts with each of the creditors where identity thieves opened accounts. . . . From its release in August 2001 through February 2002, we have distributed more than 112,000 print copies of the Affidavit. There have also been nearly 185,000 hits to the Web version."

    The agency is working with the major credit reporting agencies (CRAs) on a fraud alert initiative to help ID theft victims. The Commission has also supported the efforts of the International Association of Chiefs of Police to encourage local police officers to write police reports for victims of identity theft. "Under the new initiative, the CRAs have agreed to block inaccurate information resulting from the identity thief's activities from a victim's credit report if the victim provides the CRA with a police report on the incident. The program further speeds the process of rehabilitating the victim's good name," the testimony notes.

    "The economic and non-economic injury caused by the misuse of consumers' personal information is significant. But there are real and positive steps we can take to alleviate the harm to consumers, and reduce the incidence of this crime. We are committed to working with our partners in the public and private sectors and will continue to forge a comprehensive approach to this challenge," the testimony concludes.

    The Commission vote to approve the testimony was 4-0, with Commissioner Sheila Anthony not participating.



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    Copies of the testimony are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov.


    (http://www.ftc.gov/opa/2002/03/idtestimony.htm)
     

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