by Dave Moore, 3-29-2020
Continuing our education in recovering from identity theft, we pick up where we left off last week, beginning with Step 12.
12. Ask the Internal Revenue Service to mark your account to identify any questionable activity by completing Form 14039, Identity Theft Affidavit, found at irs.gov/pub/irs-pdf/f14039.pdf. Apply for an Identity Protection PIN from the IRS at www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin. Go ahead and apply for the PIN even if you think you don’t qualify. You should be put on a list to get one in the future.
13. Stop debt collectors from harassing you over bogus accounts. Notify them within 30 days of receiving a notice, and inform them you are an identity theft victim and that you do not owe the debt. Instruct them to stop reporting the debt to credit bureaus and collection agencies.
If someone opened a bogus account in your name, ask for a copy of the application and the applicant’s signature. Ask for a detailed report about the debt and how it happened. They are required to provide details under the Fair Credit Reporting Act. There are sample letters on the Federal Trade Commission (FTC) website at identitytheft.gov.
14. Clear your name of criminal charges. If someone is caught and arrested using your name and/or information, contact the arresting law enforcement agency and file an Impersonation Report. Contact the court, also. Provide proof of your identity, such as fingerprints, photograph, and identifying documents. Ask the law enforcement agency to compare your information to the imposter’s and remove your name from all records. Ask the prosecuting attorney for records to help you clear your name. Ask for a “certificate of clearance” or “certificate of release” to declare your innocence, and keep it with you at all times.
Ask the law enforcement agency that arrested the thief which information brokers buy their records. Write to the brokers. Demand they remove errors from your file.
15. File a complaint with local police. Supply your FTC Identity Theft Report, along with a government-issued ID with photo, and additioal proof of address (mortgage statement, utility bill, any other reports or notices you may have).
16. If bogus utility accounts have been opened (water, gas, cable, electric, etc.), contact them and ask those accounts be closed. For more help, contact the state utility commission.
17. Contact the National Consumer Telecom and Utilities Exchange and request your NCTUE report at www.nctue.com. Review the report for problems. If a service provider won’t resolve a problem, file a complaint with the FCC.
18. Get a free copy of your ChexSystems Report from consumerdebit.com. If you discover fraudulent activity, get the accounts closed and report the fraud to the Check Verification system, so businesses will be alerted to refuse the checks. Contact any businesses that have taken the bad checks quickly, before they start collection actions against you.
19. Look for bogus bankruptcies filed in your name. Write the U.S. Trustee for your area and describe the situation. Provide proof of your identity. Consider hiring an attorney familiar with identity theft and bankruptcy cases to help you with this.
20. File a Better Business Bureau Scamtracker report at www.bbb.org/scamtracker/us/reportscam.
21. File a complaint at the Federal Bureau of Investigation’s Internet Crime Complaint Center at www.ic3.gov/.
22. If you believe a bank or other financial institution’s behavior or policies have helped facilitate a scam or identity theft, such as allowing Zelle scams to run unhindered, file a complaint with that state’s banking regulatory agency. For example, in Oklahoma, that would be the Oklahoma Banking Department, at http://banking.ok.gov/complaints. Also consider filing a complaint with the state’s consumer protection agency. For example, in Oklahoma, file with the Attorney General’s Consumer Protection Unit at www.oag.ok.gov/consumer-protection-unit1.
23. Get a copy of your C.L.U.E. (Comprehensive Loss Underwriting Exchange) report from LexisNexis at consumer.risk.lexisnexis.com/request. Get a copy of your Early Warning Consumer Report at earlywarning.com/consumer-information. Examine both reports for any unusual or inaccurate activity. Use Google to find contact information for the four (4) major credit bureaus; it’s easy.
Remind everyone you request information from they are bound by federal law, Section 609(e) of the Fair Credit Reporting Act, to provide business records related to identity theft to victims within 30 days of receiving a written request. I guarantee you, many of them will give you the run-around or flat-out refuse to help. Don’t be bamboozled or intimidated. Insist they comply with the law; otherwise, you will take legal action against them. Be prepared to file complaints with the Consumer Financial Protection Bureau at consumerfinance.gov, the Federal Trade Commission at ftc.gov, and all appropriate state agencies.
Be prepared to sue in local, state, and federal court, if neccesary. If funds are tight, reach out to legalaidok.org for help. Yours is a righteous cause; have the grit to stick with it. It’s amazing how quickly folks can become cooperative when attorneys get involved.
This concludes my six-part series on identity theft. Next week: Fight the Internet Coronavirus Bad Guys & Win.
Dave Moore has been fixing computers in Oklahoma since 1984. Founder of the non-profit Internet Safety Group Ltd., he also teaches Internet safety community training workshops. He can be reached at 405-919-9901 or www.internetsafetygroup.com