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Consumer Protection » Identity Theft:
If Your Identity is Stolen
If Your Identity is Stolen, Take Immediate Action!
If you learn that your identity has been stolen, there are some things you should do. The three steps described below should be taken immediately to protect your rights and limit the damage done to you. You may want to print out the contact charts provided so that you can take notes regarding your actions. Remember that each person’s situation is unique, so additional steps may be required to resolve your problems. These steps are a good start, though.
- REPORT FRAUD TO CREDIT BUREAUS
The first thing you should do is contact the Credit Bureaus and ask them to place a fraud alert on your credit report. (See form at item 2)
- REPORT THEFT TO LAW ENFORCEMENT AND THE FEDERAL TRADE COMMISSION (FTC)
Many creditors will require you to provide them with a police report to document the crime. It is important that you contact law enforcement as soon as possible and that you be prepared to provide them with any documentation you have of the fraud.
- IMMEDIATELY CONTACT BANKS, CREDIT CARD ISSUERS, AND OTHER CREDITORS
If you discover that accounts have been opened using your identity or that your existing accounts have been tampered with, it is imperative that you promptly contact each creditor to protect your rights. Some rights you have under law have short time limits. Make initial contact by telephone and follow up immediately with written letters and documentation. All information sent to creditors should be sent by certified mail, return receipt requested, and should be sent to the "billing inquiries" address provided by the creditor. You should maintain copies of everything you mail and should always keep for your records the originals of all documentation, such as account statements and police reports. If creditors require additional documentation from you, ask them if they accept the Federal Trade Commission's (FTC) ID Theft Affidavit. If so, complete an affidavit for each separate creditor using the form and instructions provided. When disputing charges or accounts in writing, you may wish to use the FTC's dispute letter examples. As previously noted, you should also be prepared to provide creditors with copies of all police reports generated concerning the theft. For more information on the federal laws that may protect you and the time limitations and requirements of those laws, contact the FTC at 1-877-IDTHEFT or visit the FTC's website at www.ftc.gov.
Restoring your good name and credit can be a long and difficult process. You may become so frustrated that you think it might be easier to just pay the disputed charges or file for bankruptcy. Consumer advocates recommend that you do not do this. If you take action quickly, the companies with which the fraudulent charges were made or fraudulent accounts were opened should work with you to limit your responsibility for the debts and permanent effects on your credit. If you are not able to resolve disputes satisfactorily with creditors and/or the credit bureaus, you may need assistance. The Alabama Attorney General’s Consumer Protection Section may be able to assist you by mediating the dispute between you and the creditor. You may contact the Consumer Protection Section by calling 1-800-392-5658 or by visiting the website at www.ago.alabama.gov. Ultimately, you may need the help of a lawyer. If you do not have a lawyer, the Alabama State Bar Lawyer Referral Service can give you the name of a lawyer in your area. Call 1-800-392-5660 or visit the Alabama State Bar's Website at www.alabar.org/lrs.
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