Consumer Protections for Identity Theft Victims

Identity theft can happen to anyone. It occurs whenever someone steals your personal or sensitive information. You may discover you’re a victim when you learn of a new account opened in your name, see unfamiliar withdrawals from your bank account, or receive a call from debt collectors about accounts you never knew existed. Consumer protections are available if this happens to you.

An experienced lawyer can explain the consumer protections available for victims of identity theft and help you clear your name. If you’re a consumer who experienced identity theft, speak with a consumer protection lawyer.

Consumer Protections for Identity Theft Victims

Numerous consumer protections are available for identity theft victims. It’s best to act quickly to minimize any damage. For example, the Fair Credit Reporting Act (FCRA), a federal law, outlines rights for identity theft victims and responsibilities for businesses.

Consumer protections for victims of identity theft include the following:

• Your right to ask businesses for a copy of transaction records relating to your identity theft
• Your right to authorize law enforcement officers to get the records relating to identity theft
• Businesses must provide free copies of records relating to identity theft within 30 days of receiving the request

The FTC provides a summary of your rights under the FCRA. And the U.S. Department of Justice outlines your rights in its Statement of Rights for Identity Theft Victims. It explains that you have the right to do the following:

• Create an identity theft report
• Obtain a 90-day initial fraud alert (or an extended 7-year fraud alert) on your credit report
• Get free copies of your credit report
• Have fraudulent information blocked from your credit report
• Dispute information on your credit report that is inaccurate or fraudulent
• Stop debt collectors and creditors from reporting fraudulent accounts
• Stop debt collectors from contacting you

In addition to federal law protections, you may file a consumer complaint with the ID theft unit at your state attorney general’s office.

Understanding Identity Theft

Identity theft occurs when someone uses your personal or financial information without your permission. Suppose you went to the doctor for your yearly medical exam. You provide the healthcare provider’s officer with your personal information. Personal information can include:

• Names
• Physical addresses
• Social security numbers
• Credit card and debit card numbers
• Bank account numbers
• Online account numbers, email addresses, and passwords
• Driver’s license numbers
• Medical account numbers

You later learn that a data breach at your medical provider’s office compromised your personal information. An identity thief may steal money from your bank account, file a tax return with the IRS in your name, or open new credit card accounts. They may also use your existing accounts without your permission.

How To Use Consumer Protections for Identity Theft

When you are a victim of identity theft, it’s critical to utilize the consumer protections available for victims of identity theft. In addition to the protections described above, victims can also do the following.

Contact the FTC

The Federal Trade Commission (FTC) provides online resources to start recovering from identity fraud. You can file an identity theft report with the FTC. You may file your complaint online or call the FTC’s hotline at 877-ID-THEFT (877-438-4338).

The FTC report may be able to ease the process of:

• Disputing fraudulently created accounts and debts
• Assisting with the investigation and potential prosecution of the identity thief
• Reporting identity fraud to other entities

The FTC will send you a copy of your “Identity Theft Affidavit,” which you can use along with a police report to create your FCRA report.

Contact the Fraud Departments of Financial Institutions

Contact the fraud departments of the companies or financial institutions where the identity thief compromised your accounts. Tell them that someone stole your identity or that you’ve been a victim of a scammer. They can close or issue a security freeze on the account when you file an identity theft report.

You should also contact your other financial institutions, even if the identity theft did not impact those accounts, and tell them that someone stole your identity.

Contact the Credit Reporting Agencies

When you are a victim of identity theft, you should contact one of the three credit agencies immediately online or by contacting their toll-free hotlines.

Ask the agency to place a free fraud alert or credit freeze on your credit report. Fraud alerts notify creditors to take extra steps to verify your identity before extending credit. A credit freeze restricts access to your credit report, making it harder for identity thieves to open new accounts in your name. Both measures are free under federal law.

When you have a fraud alert on your credit information, businesses must verify your identity before issuing new credit using your information. The credit alert remains active for a year and can be renewed for up to seven years.

Contacting the credit bureaus also allows you to determine whether there’s inaccurate information on your credit report. The Consumer Financial Protection Bureau explains how to get a free copy of your credit report.

Report Your Case to the Local Authorities

It’s wise to contact your local police department when you’ve been a victim of identity theft. Report the crime to local law enforcement and obtain a police report. Your local police department may also have you complete an identity theft affidavit explaining what happened in your case.

Talk With a Lawyer About Consumer Protections for Identity Theft Victims

Recovery from identity theft can be challenging and time-consuming for you as a consumer. Even with a basic understanding of consumer protections available for identity theft victims, the process can be frustrating and overwhelming.

Speaking with a consumer protection lawyer can help. They can explain how consumer protections work in your situation and assist you with clearing your name.