Identity Theft- Victims Rights

There are several federal laws that protect victims of identity theft and these laws deal with documenting the theft, dealing with creditors, debt collectors, credit reporting companies, and merchants. In addition, these laws deal with limiting your financial losses that were caused by identity theft. Part 1 will deal with documenting the theft and dealing with credit reporting companies. You, as a victim, have the following rights:

Documenting the Theft

  • To file a report with a law enforcement agency and ask for a hard copy of the report to show how identity has been misused.
  • You have a right to an identity theft report, which is a police report with more detail. It should have enough information about the crime so you can be identified as a victim. This is the report you need to get access to many of the rights listed here.
  • The FTC’s ID theft complaint form for documenting the theft of your identity in detail. You can use this form along with the police report to create your identity theft report.

Dealing With Credit Reporting Companies

  • To place a 90-day initial fraud alert on your credit files if you think you are or may become a victim of identity thief. You just have to notify one credit bureau and they will notify the other two.
  • To place a seven-year extended fraud alert on your credit report if you know you are a victim of identity theft. An identity theft report must be given to each of the credit reporting companies.
  • To get one free copy of your credit report when you place a 90 day initial fraud alert on your credit reports. You also get a summary of your rights from each credit reporting agency.
  • On your credit report, ask the credit reporting companies to block fraudulent information from appearing on it. In order for this to happen, you must submit a copy of a valid identity theft report. The credit reporting company must tell creditors who gave them fraudulent information that it resulted from identity theft, and the creditors cannot turn the fraudulent debts over to debt collectors.
  • Use a credit reporting company to dispute fraudulent or inaccurate information on your credit report. The charges must be investigated by the credit reporting company and fix your report if they find the fraudulent information.

Some states will allow you to use a credit freeze to restrict access to your credit report.

Dealing With Creditors, Debt Collectors, and Merchants

  • To have a credit report that is free of fraudulent records. Creditors and debt collectors may not report fraudulent accounts to credit reporting companies if they have a copy of a valid identity theft report.
  • Make sure tat you get copies of documents that are related to your identity theft such as applications that were used to open new accounts. You have to give the company a valid police report.
  • To stop the collection of fraudulent debts you can ask debt collectors to stop contacting you and you can ask them to give you information related to the debt.

Limiting Your Loss From Identity Theft

  • You cannot be held liable for more than $50 for fraudulent purchases made with your credit card as long as you let the company know within 60 day of receiving the credit statement with the fraudulent charges.
  • If your ATM or debit card is lost or stolen you may not be liable for more that $50 for misuse of your card as long as you notify the bank or credit union within two days after you realize the card is missing.
  • If there are fraudulent electronic withdrawals are made, your ATM or debit card has not been stolen or lost, and you are not liable as long as you notify the credit union or bank within 60 days of statement with fraudulent withdrawals was sent to you.
  • You are liable for just a limited amount for fraudulent checks issued on your bank or credit union account under most state laws as long as you notify them immediately.
  • You are not liable for any debt that occurs on fraudulent accounts opened in your name and without permission under most state laws.

Other Federal Rights

  • Reasonably protected from the accused
  • To confer with the attorney for the government in the case.
  • For the proceedings to be free from unreasonable delay.