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GUIDE FOR PROTECTING MINORS FROM IDENTITY THEFT By Dana Altman and Della Sellers, USLegalForms.com Staff Attorneys IntroductionIdentity theft is a pervasive and fast-growing crime that affects millions of Americans each year. The Federal Trade Commission (FTC) reported that 43 percent of all complaints received in 2002 were based on identity theft. Although identity theft of minors makes up only a small percentage of all identity theft cases, the crime is increasing and is largely unreported. Child identity theft occurs when an imposter uses a child’s identity without the child’s permission for personal gain. Identity thieves may target minors particularly because the time frame between the actual identity theft and the discovery of the same can be many years. Identity theft of minors can include financial and criminal identity theft and identity cloning. Financial identity theft occurs when a minor’s Social Security number (SSN) and name is used to obtain credit. Identity thieves can often easily commit this crime because credit issuers and credit reporting companies frequently rely solely on the information provided in an application and may not be able to verify the true age of applicants. Credit issuers may also not require proof of identity or may not have the knowledge or training to recognize counterfeit or forged documents for accounts opened in person. Criminal identity theft occurs when a person uses a minor’s identifying information to obtain a driver’s license or commit other crimes in the minor’s name. Identity thieves commit identity cloning when collecting or purchasing information regarding minors in order to start their lives over or avoid arrest. There are typically two types of victims in minor identity theft cases: adults who learn that their identity was stolen as a child (adult/child victims) and children whose parent or other relative discovers the crime (child victims). Perpetrators of adult/child victims may be a relative, friend, acquaintance, or stranger. The adult does not usually become aware of the identity theft until he or she reaches adulthood and is unable to obtain a college loan, driver’s license, apartment, vehicle or credit card. The perpetrator of child victims may be an unknown person or may be the child’s parent or relative who uses the child’s identifying information to obtain credit or a driver’s license in the child’s name.Adult/child victims and parents or relatives of child victims of identity theft are often faced with costly and time-consuming efforts to remedy the effects of identity theft and clear their name or their child’s name. Victims of child identity theft may lose job opportunities, be refused loans for education, housing, or cars, and even get arrested for crimes they didn't commit. Federal legislation exists to help victims of identity theft, as well as many state laws, which vary by state. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act. This legislation created a new offense of identity theft, which prohibits knowingly transferring or using, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law (18 U.S.C. § 1028(a)(7)). This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense. Acts committed in connection with identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. § 1028), credit card fraud (18 U.S.C. § 1029), computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), or financial institution fraud (18 U.S.C. § 1344). These federal offenses are felonies that carry substantial penalties in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture.How Criminals Steal a Minor’s IdentitySome of the more common methods criminals use to obtain a minor’s personal information for illegal purposes include:1. Copying identifying information from commonly used and/or required forms such as medical forms. 2. Stealing a wallet or purse that contains the minor’s SSN card.3. Rummaging through a parent or relative’s trash to recover discarded documents containing personal information, such as a minor’s SSN. This practice is known as "dumpster diving."4. Making copies of a minor’s birth certificate and/or SSN card that are kept on file with the minor’s school for participation in school activities such as sports teams.5. Stealing a college student’s SSN from his or her college identification card or from a school roster.6. Reading unattended mail addressed to the minor that includes identifying information.7. Stealing personal information from the minor’s home. 8. Eavesdropping on a parent or a minor who is providing identifying information such as a driver’s license number or SSN when visiting a doctor’s office.9. Participating in scams designed to obtain identifying information of minors through contact over the telephone or internet.10. Stealing photos and/or email addresses from minors who have posted such information online.Some Signs That a Minor May Be the Victim of Identity TheftAdult/Child Victims:1. Your application for credit, mortgage, or loan for a vehicle or college tuition is denied.2. Your application for a checking or bank account is denied.3. You are unable to rent an apartment or home or obtain utility or telephone services.4. You are unable to renew your driver’s license.5. You receive telephone calls or letters from a debt collector or business demanding payment on an overdue account for a credit card you have never had or for products or services that you did not purchase.6. You receive bills or credit cards in the mail that you never applied for or requested.7. You are discharged from a job or continually unable to obtain employment for no explainable reason.8. You are denied insurance at normal rates, SSI or welfare services.9. You are included in an investigation by law enforcement of a case you were not involved in.10. You are arrested for an offense you did not commit.Child Victims:1. A parent or relative discovers an existing account with a minor’s SSN or a new account is denied due to bad checks when a parent or relative attempts to open a savings account or college fund for a minor.2. A child receives pre-approved credit card offers in his or her name and he or she has never had a bank account (other than a college savings account). 3. A child receives credit cards, checks, bills or bank statements in his or her name.4. A child receives telephone calls or letters from collection agencies regarding accounts the child did not open.5. A child receives a notice from the IRS that his or her name and/or SSN is already listed on another tax form.6. A minor is unable to obtain a driver’s license because a license has been issued to another person with the minor’s SSN.7. A child is denied governmental assistance benefits because of the child’s income or previous benefits received, or the governmental assistance agency seeks to verify the job of a child who is not working and has never worked.8. A parent or relative discovers parental identity theft by the other parent through review of various documents during a divorce.9. A warrant for a minor’s arrest is issued or a child receives a notice regarding a warrant for a traffic violation, for taxes owed or a lien on income.10. A child calls from his or her other parent’s, grandparent’s or relative’s house and the account holder name on the caller id is the child’s name.11. A person with a history of financial, fraud or drug addiction problems knows a child’s SSN and suddenly obtains a lot of money.12. The parent’s ex-spouse has used the parent’s SSN fraudulently.13. A person has a history of using another child’s SSN for fraudulent purposes.14. A person who knows a child’s SSN and may have access to the child’s birth certificate is suddenly able to obtain a driver’s license after their driver’s license has been suspended or revoked. Initial Steps for Minor Identity Theft Victims to Take Adult/Child Victims:1. If the imposter is a stranger, immediately file a report with your local police or the police in the community where the identity theft took place. Explain that you were a minor at the time the identity theft took place and were not legally allowed to enter into a contract. Get a copy of the report or, at the very least, the number of the report, to submit to your creditors and others that may require proof of the crime. Provide as much documented evidence as possible, including your birth certificate, and make sure the police report lists the fraudulent accounts. Make a note of the phone number of your investigator so you’ll be able to give it to creditors and others who require verification of your case.If the imposter is a family member or friend, contacting law enforcement may be difficult for you. You may choose alternatives such as paying the debt yourself or seeking mediation to negotiate an agreement between the imposter and the creditors that transfers the debt to the imposter. Creditors, however, are not always willing to accept such agreements, especially if the accounts have gone to collections, and may require the imposter to make a significant payment up front. With these alternatives, you will not receive the legal protection and benefits offered to identity theft victims. You may appear less convincing to credit card companies and financial institutions when trying to clear your name if you refuse to file a police report. You must also understand that any negative activity will remain on your credit report for seven years if you choose alternative solutions to involving law enforcement. 2. File an identity theft complaint with the FTC. The FTC is a clearinghouse for identity theft information. They maintain a database of identity theft cases that they share with law enforcement agencies for investigations. The FTC can also refer complaints to other government agencies and companies to locate identity thieves. You may call the FTC identity theft hotline at 1-877-438-4338, use its online identity theft complaint form, www.consumer.gov/idtheft, or write: FTC Identity Theft Clearinghouse, 600 Pennsylvania Ave. N.W., Washington, DC 20580.3. Create new Personal Identification Numbers (PINs) and passwords for any new accounts you open. Avoid using easily available information like your mother's maiden name, your birth date, the last four digits of your SSN or your phone number, or a series of consecutive numbers. 4. If the identity thief has made charges or debits on your accounts, or on fraudulently opened accounts, ask the company for the instructions to dispute those transactions. You should immediately close any accounts that you know or believe have been tampered with or opened fraudulently. Use the ID Theft Affidavit, available on the USLegalForms.com site at http://www.uslegalforms.com/identity-theft-forms.htm, when disputing new unauthorized accounts. 5. If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses. The major ones are:Fidelity National Information Services(was Certegy)(800) 437-5120www.fidelityinfoservices.comSCAN(800) 262-7771www.consumerdebit.com TeleCheckFor annual file disclosureFraud, id theft department(800) 366-2425(800) 835-3243(800) 710-9898.International Check Services(800) 526-5380.CrossCheck(800) 843-0760www.cross-check.com6. Contact your state’s Attorney General’s office for information about identity theft assistance and laws in your state.7. Contact your local Department of Motor Vehicles (DMV) to determine if another license has been issued in your name. Ask the DMV what procedures exist to prevent misuse of your identification. Some states offer a fraud alert that will prevent another person from getting a license or identification card in your name. You will need to provide identification and copies of the police report, bills and other documents as evidence of your fraud claim. You may need to change your driver’s license number if yours is being used as identification on bad checks or for other fraudulent reasons. Request that your SSN be removed from appearing on your license or that substitute identification be used as your driver’s license number.When you contact the various entities to dispute charges and prove your identity has been used fraudulently, it’s best to follow up phone calls with a dated written letter. Sending correspondence by certified mail with return receipt requested is preferred and always keep a copy of the letter you send. When sending dispute letters, include copies (NOT originals) of your police report or other documents that support your position. Child Victims: A parent of a child victim will have to clear the records of the minor by following the above procedures listed for adult/child victims that would apply to child victims. A parent should obtain a copy of their child’s birth certificate to forward with their investigation and fraud statements/letters. A parent should include in all correspondence and communication a statement that the victim is a minor, and by law, is not allowed to enter into a contract. A parent may have to provide an alibi for the minor, such as schedules of doctor’s appointments or school attendance records, if the child is the victim of criminal identity theft. If the imposter is a parent or a relative of the minor, or if the identity theft is related to a custody or divorce issue, the parent may wish to seek the services of a family law attorney.Correcting Credit Abuse and Credit ReportingAdult/Child VictimsAdult/child victims should contact the fraud department of any one of the three consumer reporting companies to place a fraud alert on his or her credit report. The fraud alert instructs creditors to contact the adult/child victim before opening any new accounts or making any changes to existing accounts. A victim need only contact one of the three companies to place an alert as the company called is required to contact the other two, which will place an alert on their versions of the report. Under new provisions of the Fair Credit Reporting Act (FCRA, §605A) a victim can place an initial fraud alert for only 90 days. A victim may ask that an initial fraud alert be placed on the credit report if he or she suspects they have been, or are about to be, a victim of identity theft. After placing the fraud alert in the file, a victim is entitled to one free credit report within twelve months from each of the three nationwide consumer reporting companies. A victim may also request that only the last four digits of their SSN appear on credit reports.A victim can have an extended alert placed on his or her credit report if they have been a victim of identity theft and can provide the consumer reporting company with an "identity theft report." FTC regulations define an "identity theft report" to include a report made to a local, state, or federal law enforcement agency. If the local police department refuses to file a report and the situation involves fraudulent use of the U.S. mail, the U.S. Postal Inspector may issue an identity theft report. If the case involves fraudulent use of a driver's license in the victim’s name, the state Department of Motor Vehicles may issue an identity theft report. The FTC has more information on identity theft reports at www.ftc.gov/bcp/conline/pubs/credit/idtheft.htm#Identity An extended alert stays on a credit report for seven years. A victim must have evidence of attempts to open fraudulent accounts and an identity theft report to establish the seven- year alert. When a victim places an extended alert on his or her credit report, he or she is entitled to two free credit reports within twelve months from each of the three nationwide consumer reporting companies. The consumer reporting companies will also remove his or her name from marketing lists for pre-screened credit offers for five years unless the victim requests to be put back on the lists before then. Members of the military who are away from their usual duty station may place an active duty alert on their credit reports to help minimize the risk of identity theft while they are deployed. Active duty alerts remain on the report for one year. If deployment lasts longer, they can place another alert on the credit report. By placing an active duty alert, the victim will also be removed from the credit reporting companies' marketing list for pre- screened credit card offers for two years unless they request to be put back on the list before then.Under federal law, a victim is entitled to a free report if a company takes adverse action against the victim, such as denying an application for credit, insurance, or employment, and the victim requests the report within 60 days of receiving notice of the action. The notice will give the victim the name, address, and phone number of the consumer reporting company. A victim is also entitled to one free report a year if he or she is unemployed and plans to look for a job within 60 days; is on welfare; or their report is inaccurate because of fraud. Otherwise, a consumer reporting company may charge up to $9.50 for another copy of your report within a 12-month period.In addition to the free reports a victim is entitled to by activating a fraud alert, the federal Fair and Accurate Credit Transaction Act (FACTA) law enables a victim to receive a free credit report per year from each of the three credit bureaus (FCRA §612). It is recommended that a victim make a follow up check of his or her report by requesting this free copy a few months after receiving the free report he or she received by placing the fraud alert. To order this free annual report from one or all the national consumer reporting companies, you must contact the Annual Credit Report Request Service, which is the centralized source for consumers to request this annual credit report. To contact the Annual Credit Report Request Service on-line, visit www.annualcreditreport.com. You can also contact the Annual Credit Report Request Service to obtain this free annual disclosure by calling toll free (877) FACTACT (322-8228) or by using the mail request form available at the central source website at www.annualcreditreport.com. Once a victim has received the credit reports, he or she should examine each one carefully. If the credit report shows that the imposter has opened new accounts in the victim’s name, the victim should contact those creditors immediately by telephone and in writing. Victims should report fraudulent accounts and erroneous information in writing to both the credit bureaus and the credit issuers by following the instructions provided with the credit reports. After the victim notifies the credit bureaus about fraudulent accounts, the bureau is required to block that information from future reports. USLegalForms.com provides a sample letter at http://www.uslegalforms.com/us/US- 00712-LTR.htm to send to the credit bureaus requesting that fraudulent accounts be blocked. The consumer reporting company has four business days to block the fraudulent information after accepting the identity theft report. It also must tell the information provider that it has blocked the information. The consumer reporting company may refuse to block the information or remove the block in some cases, such as false claims of identity theft. The consumer reporting company must inform the victim if it removes the block or refuses to place the block. The bureau must also notify the person or entity who extended credit about the fraudulent account (FCRA, §605B). If the credit report doesn’t include the names and phone numbers of those with whom fraudulent accounts have been opened, the victim should request this information from the credit reporting bureau. The victim should ask the credit grantors in writing to furnish them and their investigating law enforcement agency with copies of the documentation, such as the fraudulent application and transaction records. Federal law (FCRA § 609(e)) and some state laws give the victim the right to obtain these documents. The business must provide copies of these records to the victim within 30 days of the victim's request at no charge. The law also allows the victim to authorize a law enforcement investigator to get access to these records. Creditors will often ask a victim to fill out fraud affidavits. USLegalForms.com offers an affidavit form at http://www.uslegalforms.com/identity-theft-forms.htm. No law requires affidavits to be notarized at the victim’s own expense. A victim may choose to substitute witness signatures for notarization if creditors require verification of the victim’s signature. A victim of identity theft must provide a copy of the fraud affidavit, plus government-issued identification, and a copy of an identity theft report in order to obtain the documents created by the imposter. After the matter involving the fraudulent account is resolved with the creditor, a victim should ask for and retain in his or her files a letter stating that the company has closed the disputed account and has discharged the debts. In addition, the victim should instruct the credit bureaus in writing to remove inquiries that have been generated due to the fraudulent access. The victim may also ask the credit bureaus to notify those who have received the victim’s credit report in the last six months (two years for employers) to alert them to the disputed and erroneous information. In all communications with the credit bureaus, the victim will want to refer to the unique number assigned to the victim’s credit report and use certified, return receipt mail. The victim should save all credit reports as part of his or her fraud documentation file. Laws in several states give individuals additional opportunities to obtain free credit reports. Some states, such as California, have enacted legislation that allows individuals to place a "security freeze" on their credit reports. This is stronger protection than a fraud alert because it prevents anyone from accessing a victim’s credit file for any reason unless the victim instructs the credit bureaus to unfreeze his or her report. If the victim lives in a state that offers the security freeze, the victim may want to consider using a security freeze if the identity thief is persistent and doesn’t cease to use the victim’s identity to obtain credit. A list of the states where a security freeze is available may be viewed at www.consumersunion.org/campaigns//learn_more/003484indiv.htmlMost states offer the security freeze free to victims of identity theft. Non-victims who wish to activate the security freeze as a precaution must pay a fee in most states. Some states make the security freeze available only to identity theft victims.To place a fraud alert on a credit report, a victim may contact any of the following credit reporting agencies:Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA 30374- 0241 Experian: 1-888-EXPERIAN (397-3742); www.experian.com; P.O. Box 9532, Allen, TX 75013TransUnion: 1-800-680-7289; www.transunion.com; Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790Child Victims If there is an indication of an identity theft problem or if a child has become a victim of identity theft, the child’s parent should contact one of the credit reporting agencies to see if a report has been issued for the minor. A credit report should not exist for the child unless someone has applied for credit using the child’s SSN. A report may not yet exist, however, simply because utility companies and credit card companies are not required to notify the credit reporting agencies when an account is opened. Some companies only report collection actions. If a parent discovers that a credit report exists for a child, the parent should follow the procedures discussed above for adult/child victims. For children under the age of 13, however, a parent must contact the credit reporting agencies directly to request a credit report, including the free report made available through the FACTA law, instead of contacting the Annual Credit Report Request Service. Additionally, when ordering a credit report for a minor, the child’s parent should include a copy of the child’s birth certificate that lists the parent’s name, a copy of the child’s SSN card, a copy of the parent’s own ID card (driver’s license or state/military photo ID card) and proof of their address (utility bill, credit card statement or insurance statement). The parent should also include the full name of the child, the child’s date of birth and the previous addresses for the last five years, if applicable. A guardian requesting a credit report for a child, should state that he or she is the child’s guardian and include any documentation showing his or her legal appointment as guardian. USLegalForms.com provides a sample letter at http://www.uslegalforms.com/us/US-00720-LTR.htm to send to credit bureaus requesting a credit report and a sample letter at http://www.uslegalforms.com/us/US-00712- LTR.htm to send to the credit bureaus requesting that fraudulent accounts be blocked. Tax InformationIf an adult/child victim or parent of a child victim thinks the victim’s identity has been stolen and used inappropriately for tax purposes, the victim or victim’s parent should call the Internal Revenue Service (IRS) at 1-800-829-1040. If the victim has an unresolved issue related to identity theft, or has suffered or is about to suffer a significant hardship due to enforcement of the tax laws, the victim or victim’s parent should visit the IRS Taxpayer Advocate Service website www.irs.gov/advocate/ or call toll-free: 1-877-777- 4778.Bank and Brokerage Account Withdrawals State laws govern fraud committed by a thief using paper documents, like stolen or counterfeit checks. However, federal law applies if the thief used an electronic fund transfer. The federal Electronic Fund Transfer Act (EFTA) provides consumer protections for transactions involving an ATM or debit card, or another electronic method to debit or credit an account. It also limits a victim’s liability for unauthorized electronic fund transfers. An adult/child victim or the parent of a child victim has 60 days from the date the bank account statement is sent to the victim to report in writing any money withdrawn from the account without the victim’s permission. This includes instances when the victim’s ATM or debit card is "skimmed" that is, when a thief captures the account number and PIN without the card having been lost or stolen.How much a victim can be liable to pay if his or her ATM or debit card is lost or stolen depends on how quickly he or she reports it, so the victim or victim’s parent should report the loss immediately.If the victim or victim’s parent reports the loss or theft within two business days of discovery, the victim’s losses are limited to $50.If the victim or victim’s parent reports the loss or theft after two business days, but within 60 days after the unauthorized electronic fund transfer appears on his or her statement, the victim could lose up to $500.If the victim or victim’s parent waits more than 60 days to report the loss or theft, the victim could lose all the money that was taken from his or her account. Note: VISA and MasterCard voluntarily have agreed to limit consumers' liability for unauthorized use of their debit cards in most instances to $50 per card, regardless of the time between the discovery of the loss or theft of the card and the time the victim or victim’s parent reports it.The institution generally has 10 business days to investigate after receiving the victim’s notice of an error on his or her statement. After the investigation is completed, the institution must inform the victim of the results within three business days and must correct an error within one business day after determining that it occurred. If the institution needs more time, it may take up to 45 days to complete the investigation, but only if the amount in dispute is returned to the victim’s account and the victim is notified promptly of the credit. If the investigation determines that no error occurred, the institution may take the money back if it sends the victim a written explanation.Chex Systems, Inc., produces consumer reports specifically about checking accounts, and as a consumer reporting company, must comply with the Fair Credit Reporting Act. Many banks use Chex Systems to find out negative banking information, such as bounced checks, which may prevent a victim from opening an account. A victim or victim’s parent can request a free copy of the victim’s consumer report by contacting Chex Systems, Inc. if the victim or victim’s parent finds inaccurate information on his or her consumer report.Chex Systems, Inc.: 1-800-428-9623; www.chexhelp.comFax: 602-659-2197Chex Systems, Inc.Attn: Consumer Relations7805 Hudson Road, Suite 100Woodbury, MN 55125To find out if the identity thief has been passing bad checks in the victim’s name, the victim or victim’s parent may also call SCAN at 1-800-262-7771.Bank procedures for protecting a victim’s account against unauthorized transactions vary by institution. For example, they may place a freeze on a victim’s accounts, but this can prevent a victim from making ATM transactions, conducting transactions online, and other services. If a victim’s institution offers online access to his or her account, the victim or victim’s parent should use it to monitor the victim’s account daily for unauthorized transactions.The above protections do not apply to brokerage accounts. If an identity thief tampers with a victim’s brokerage account, the victim or victim’s parent should refer to his or her account agreement for information on what to do. The victim or victim’s parent should read the account agreement to determine if the victim is responsible for securing his or her own account information and know the steps he or she should take if the victim’s information has been compromised. The victim or victim’s parent should immediately report the incident to the brokerage company and notify the Securities and Exchange Commission at www.sec.gov, as well as the National Association of Securities Dealers at www.nasd.org.BankruptcyIf an adult/child victim or a child victim’s parent believes someone has filed for bankruptcy in the victim’s name, the victim or the victim’s parent should send written notification to the U.S. Trustee in the region where the bankruptcy was filed. A list of the U.S. Trustee Programs' Regional Offices is available on the UST website, or check the Blue Pages of the phone book under U.S. Government Bankruptcy Administration.A victim’s or a victim’s parent’s correspondence should include the facts of the victim’s case and provide proof of the victim’s identity. If a victim or victim’s parent provides enough documented evidence of the victim’s claim, the U.S. Trustee will make a criminal referral to law enforcement authorities. A victim or victim’s parent also may want to file a complaint with the U.S. Attorney and/or the FBI in the city where the bankruptcy was filed. A victim or victim’s parent may need to hire an attorney to help prove that the victim’s filing was fraudulent, since the U.S. Trustee does not offer free legal help or court documents. Copies of court documents may be obtained from the bankruptcy clerk's office for a fee. False Criminal ChargesIf an adult/child or child victim is falsely charged with a crime or traffic violation, the victim or the victim’s parent should file an impersonation report with the police/sheriff's department or the court, and confirm the victim’s identity. A victim or the victim’s parent should have the police department take a full set of the victim’s fingerprints, photograph the victim, and make copies of the victim’s photo identification documents, such as his or her driver's license, passport, or travel visa. A victim or the victim’s parent can request the police to establish the victim’s innocence by comparing the prints and photographs with those of the imposter.If the arrest warrant is not issued from the state or county where the victim lives, the victim or the victim’s parent should ask the local police department to forward the impersonation report to the police department in the jurisdiction where the arrest warrant, traffic citation, or criminal conviction originated.Once a victim’s name is cleared, the law enforcement agency should recall any warrants and issue a "clearance letter" or "certificate of release". To prevent being falsely arrested again, a victim or the victim’s parent needs to keep this document on his or her person at all times. The victim or the victim’s parent should ask the law enforcement agency to file the record of the follow-up investigation establishing the victim’s innocence with the district attorney's (D.A.) office and/or court in the jurisdiction where the crime occurred, so that an amended criminal complaint can be filed. It is difficult to completely remove the victim’s name from a criminal database once it is entered, but the victim or victim’s parent should request that the "key name" or "primary name" be changed from the victim’s name to the imposter's name (or to "John Doe" if the imposter's true identity is not known), with the victim’s name noted as an alias.State laws on clearing a victim’s name in court records vary by state. A victim or victim’s parent may contact the D.A.'s office in the county where the case was originally prosecuted for assistance, but may also need to hire a criminal defense attorney to help clear the victim’s name.If the identity thief is apprehended by law enforcement and goes to trial and/or is sentenced, the victim or victim’s parent should write a victim impact letter to the judge assigned to the case. The victim or victim’s parent should contact the local victim-witness assistance program for advice on how to effectively impact the legal proceedings.Debt CollectorsAn adult/child victim or parent of a child victim may stop a debt collector from contacting the victim by writing a letter to the collection agency telling them to stop. After receiving the letter, the debt collector may only contact the victim further to tell the victim there will be no further contact, or to inform them that the debt collector or the creditor intends to take some specific action.A victim or a victim’s parent may also send a letter to the collection agency, within 30 days after the victim received written notice of the debt, stating that the victim does not owe the money. A victim or victim’s parent should include copies of documents that support the victim’s claim, and also include a copy (NOT original) of the victim’s birth certificate and police report. After receiving the letter, a collector must send the victim proof of the debt in order to renew collection activities.Passport FraudAn adult/child victim or a parent of a child victim who believes the victim’s passport has been lost, stolen or is being used fraudulently should contact the United States Department of State (USDS) through their website at www.travel.state.gov/passport/passport_1738.html, or call a local USDS field office. Local field offices are listed in the Blue Pages of the telephone directory. Even if the victim does not have a current passport, the victim or victim’s parent should notify the USDS of the victim’s identity theft to alert them to anyone ordering a passport fraudulently.Phone FraudIf an identity thief has established phone service in an adult/child or child victim’s name, is making unauthorized calls that seem to come from and are billed to the victim’s cellular phone, or is using the victim’s calling card and PIN, the victim or victim’s parent should contact the service provider immediately to cancel the account and/or calling card. The victim or victim’s parent should open new accounts and choose new PINs. For assistance with difficulties in removing fraudulent phone charges from the victim’s account or getting an unauthorized account closed, a victim or victim’s parent should contact the appropriate agency below:- State Public Utility Commission for disputed local call charges.- Federal Communications Commission (FCC) for disputed cellular or long distance charges. The FCC regulates interstate and international communications by radio, television, wire, satellite, and cable. Call: 1-888-CALL-FCC; TTY: 1-888-TELL-FCC; or write: Federal Communications Commission, Consumer Information Bureau, 445 12th Street, SW, Room 5A863, Washington, DC 20554. A victim or victim’s parent can file complaints online at www.fcc.gov, or e-mail your questions to fccinfo@fcc.gov.Social Security Number MisuseThe SSA Office of the Inspector General should be notified of information regarding specific instances of SSN misuse that involves the buying or selling of SSN cards, may be related to terrorist activity, or is designed to obtain SSN benefits. A victim or victim’s parent may file a complaint online at www.socialsecurity.gov/oig, call toll-free: 1-800- 269-0271, fax: 410-597-0118, or write: SSA Fraud Hotline, P.O. Box 17768, Baltimore, MD 21235. A victim or victim’s parent may request a replacement SSN card if it has been stolen and, in very serious identity theft cases, may attempt to change the victim’s SSN. If a victim or victim’s parent changes the victim’s SSN, the victim will lose any credit or college records connected to the SSN, unless the victim transfers the records to the new number without allowing the identity thief access to the new number. A child victim under the age of 18 or a young adult/child victim with no credit history or college records may benefit from changing his or her SSN, but may have to obtain court orders prohibiting the imposter from accessing the number. As a last resort, an adult/child victim with a lengthy credit or work history may also benefit from obtaining a new number (especially in the case of criminal identity theft), if he or she has followed all of the normal procedures and the identity theft continues. A victim or victim’s parent also may call SSA toll-free at 1-800-772-1213 to verify the accuracy of the earnings reported on the victim’s SSN, request a copy of the victim’s Social Security Statement, or get a replacement SSN card if the victim’s is lost or stolen. A victim or victim’s parent should follow up with written correspondence and keep a copy for his or her files. A victim or victim’s parent may also request a Social Security Statement (Form 7004) at www.ssa.gov/online/ssa-7004.html.Student LoansAn adult/child victim or parent of a child victim who discovers a fraudulent student loan in the victim’s name should close the loan account by contacting the school or program that opened the student loan. The victim or victim’s parent should also report the fraudulent loan to the U.S. Department of Education. Call the Inspector General's Hotline toll-free at 1-800-MIS-USED; visit www.ed.gov/about/offices/list/oig/hotline.html?src=rt; or write: Office of Inspector General, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-1510.Medical Identity TheftAn identity thief may use a minor's identifying information to obtain medical treatment or medical supplies, or to submit false claims to Medicare/Medicaid or to a minor’s health insurance plan. Medical identity theft is on the rise among large crime rings and among insiders or employees who work in the health care profession and have access to patient records. According to the World Privacy Forum, as many as 250,000 to 500,000 Americans have become victims of this type of identity theft. For further details on medical identity theft and help for consumers and victims, see the World Privacy Forum's report at www.worldprivacyforum.org/medicalidentitytheft.html. Preventative Measures1.If someone contacts you (or your child) by phone, mail, or Internet, don't give out your (or your child’s) personal information unless you requested to be contacted or are sure you know who you're dealing with. Identity thieves often impersonate corporate agents, government officials, and others to obtain your SSN, mother's maiden name, account numbers, and other identifying information. If you (or your child) are asked for any type of personal information, ask the caller for his/her name and telephone number and the organization he/she is representing. Hang up and then call the company using the customer assistance number the company provides with your account statement or bill (not the number you were given by the caller). If the call was legitimate, they can connect you to the proper extension. Check an organization's website by typing its URL in the address line, rather than cutting and pasting it. Many companies post scam alerts when their name is used improperly.2.Invest in a paper shredder (they can be purchased inexpensively for $15-20). Shred any mail or other documents containing personal information before discarding in the trash, especially charge receipts, copies of credit applications, insurance forms, physician statements, checks and bank statements, expired charge cards that you're discarding, and credit offers.3.Don’t leave mail in your mailbox for pickup. Deposit your outgoing mail in post office collection boxes or at your local post office. Promptly remove mail from your mailbox. If you're planning to be away from home and can't pick up your mail, call the U.S. Postal Service at 1-800-275-8777 to request a vacation hold. The Postal Service will hold your mail at your local post office until you can pick it up or are home to receive it.4.Remove your name from mailing lists for credit offers by calling 1-888-5- OPTOUT (1-888-567-8688).5.Memorize your SSN and don't carry your (or your child’s) SSN card. Store it in a secure place.6.Only give out your (or your child’s) SSN or driver’s license number when absolutely necessary, and request other types of identifiers whenever possible, such as an insurance policy number. 7.When parents are asked to provide a copy of a child’s birth certificate or SSN card for participation in school activities or sports, parents should request that a criminal and financial background check be performed on the sponsor or coach by an independent or hiring source. Parents should initial the back of each page of these documents and after presenting them, place them in a sealed envelope with the parents’ name across the seal. Parents should make sure the documents will be stored in a locked box and returned unopened at the end of the season, unless the parents are notified of a need to show the documents to others.8.Parents should inquire whether it is optional to provide their child’s SSN during school registration and may need to seek a policy change.9.Carry only the identification information and the credit and debit cards that you'll actually need when you go out. You may wish to carry a photocopy of yours (or your child’s) health insurance cards or other cards that include SSNs after cutting off the last four numbers of the SSN.10.Students should ask not to have their SSN used as their school identification number or on school rosters. They should only carry original cards with them on days they know they will need them and should keep their identifying information and important papers locked away from roommates or friends. 11.Beware of phony promotional offers which identity thieves use to get your personal information.12.Safeguard your purse or wallet and forms with sensitive information in a safe place at work. Students should watch their backpacks or bags where they carry their wallets or important documents at all times.13.When ordering new checks, pick them up from the bank instead of having them mailed to your home mailbox.14. Don’t put any personal information in a web page on the Internet unless it is submitted over a secure connection, as indicated by a closed lock icon in the bottom of your browser window, as well as "https" in the browser window address bar.15.Never leave receipts at bank machines, bank counters, trash receptacles or unattended gasoline pumps.16.Memorize your passwords. Do not record them on any cards or on anything in your wallet or purse. Decline when prompted by your computer to store passwords for you.17.Contact your creditor or service provider if expected bills don't arrive.18. Never put your credit card or any other financial account number on a postcard or on the outside of an envelope.19.Destroy all checks immediately when you close a checking account. Destroy or keep in a secure place, any courtesy checks that your bank or credit card company may mail you.20.Promptly examine and reconcile your check and credit card statements and reports. Immediately dispute any purchases you did not make.21.Limit the number of credit cards you have, and cancel inactive accounts.22.Remove your name from mail marketing lists. You may contact Direct Marketing Association by writing to: Mail Preference Service, P.O. Box 282, Carmel, NY 10512 and include a processing fee of $1.00 in the form of a check or money order. You may also opt-out online for a fee of $1.00 at www.dmaconsumers.org. 23. Opt out of all marketing lists with your bank when you open a college fund or other account for your child. 24.Remove your phone number(s) from telemarketing lists by phoning the FTC’s Do Not Call Registry at (888) 382-1222 or registering online at www.donotcall.gov. Many states also have their own do not call registry.25.Order your Personal Earnings and Benefits Estimate Statement from the Social Security Administration by calling (800) 772-1213. The SSA automatically mails it to individuals three months before their birthday each year. A request form is also available at www.ssa.gov/online/ssa-7004.html.26.Ensure that your PIN numbers cannot be observed by anyone while using an ATM or public telephone.27.Closely monitor the expiration dates on your credit cards and contact the issuer if you don't receive a replacement prior to the expiration date. Sign the back of your new card immediately upon receipt. Online Safety Tips1. Use virus protection software and keep it updated.2.Make sure the webpage is sending any personal information you type in with encrypted security software. To determine if the information is encrypted and secure, look at the URL of the page you are on when you are asked to give the personal information. An unsecured URL will look like this: http://www.site.com. A secure server will have an "s" either in front of or following the "http", and it will look like this: https:/ www.site.com or shttp://www.site.com. The bottom of the browser window will also display an icon, showing whether the information is “locked” or “unlocked”. If it is locked, a secure site will also have an icon that appears as locked padlock on the bottom of your browser window. An unlocked insecure site will have an unlocked padlock icon in the same area.3.Install a spyware protection program and firewall.4.Download free software only from sites you know and trust. Don’t install software without knowing what it is. 5.In your browser, set the security preferences to at least “medium.”6.Don’t click on links in pop-up windows or in spam e-mail.7.Don’t open email attachments from unknown senders.8.Don’t give out personal information in chat rooms or publicly posted messages.9.If you shop online, consider using a credit card or bank account that you use exclusively for online purchases.10.Don’t use the "Remember my Password" function on any website that contains personal or financial information.11.Clear your cache files after browsing the Internet by going to the "Preferences" folder in your browser and clicking on the "Empty Cache" button. Sometimes this option is in the "Advanced" menu of the browser preferences. In Internet Explorer, go to "Internet Options" from the "Tools" menu and click on "Clear History".12.Completely log out of sites that contain your financial information, such as an online banking website.Identity Theft InsuranceThe value of identity theft insurance is a matter of personal judgment. It may be purchased as part of some homeowner’s and renter’s insurance policies, as standalone policies, or offers through a credit card issuer. Such insurance covers out-of-pocket expenses to clear a victim’s name, such as phone bills, lost wages, notary, certified mailing costs, and sometimes attorney fees. However, identity theft insurance isn't going to fix a victim’s credit or return the money taken from his or her accounts through fraudulent transactions. On average, these policies cost between $25 and $50 for $15,000 to $25,000 worth of coverage.Counseling The emotional impact of identity theft for adult/child and child victims can be overwhelming, and victims may require counseling to help in the healing process. Especially if the imposter is a parent, relative or other person the victim knows, victims often experience feelings of betrayal, violation, anger and fear. Victims may benefit from meeting with a private therapist, local religious leader, school counselor or principal, county Mental Health Association representative, support group, or supportive family members or friends. Useful LinksAmerican Association of Retired Persons -http://www.aarp.org/money/wise_consumer/scams/a2002-10-03- WiseConsumerIdentityTheft.html Annual Credit Report Request Service- http://www.annualcreditreport.comBetter Business Bureau -http://www.bbbonline.org/idtheft/complaint.aspFederal Bureau of Investigation -http://www.fbi.gov/publications/financial/fcs_report052005/fcs_report052005.htm#e1Federal Deposit Insurance Corporation -http://www.fdic.gov/consumers/consumer/ccc/theft.htmlIdentity Theft Resource Center - http://www.idtheftcenter.org/index.shtml LifeLock-http://www.LifeLock.comNational Consumers League -http://www.nclnet.org/privacy/National Fraud Information Center -http://www.fraud.org/welcome.htmPrivacy Rights Clearinghouse -http://www.privacyrights.org/identity.htmSocial Security Administration Online -http://www.ssa.gov/pubs/idtheft.htmUnited States Department of Justice – http://www.usdoj.gov/criminal/fraud/idtheft.html United States Postal Inspection Service -http://www.usps.com/postalinspectors/idthft_ncpw.htm