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Despite numerous efforts of authorities around the world, the problem of identity theft has become a major is a 21st century "disease".
The main question was and stil is :"How can I protect myself?"
Well there are many recipes and alot of "Old Wives' Tales" passed on claiming to secure and protect your identity, but unfortunately, none are the silver bullet.
Most of the people searching the net to find some advice about identity theft are already victims of identity theft.What are some of the ideas they've shared about stopping this serious crime?
Hire a lawyer! That's the first thing that comes in your mind. No lawyer works for free, expect to pay a retainer!
File a police report! Well that's a good step! But your problem remains on the bottom of the bureaucratic pile of complaints because it's a hard one to prove.
Notify the credit reporting agencies, banking institutions and the credit card company companies themselves.
Many victims of identity theft report that they find themselves revictimized by their own creditors, bank officers and even, in some cases, from the system that protects them. You look suspicious and have the burden of proving your case before anyone takes any action!
The best advice is to create a paper trial. File reports to appropriate authorities and Keep copies.LOTS OF COPIES.
You'll need them!
In this section of our Globalmedlaw Site, there are links to authorities and credit bureaus that can help you in your efforts to protect yourself and at the same time to eliminate the consequences of being further victimized by identity theft.
Federal Laws - State Laws ( Civil and Criminal )
Federal Laws
Credit
- Fair Credit Report Act (FCRA)
"The Fair Credit Reporting Act (FCRA) requires each of the nationwide consumer reporting companies – Equifax, Experian, and TransUnion – to provide you with a free copy of your credit report, at your request, once every 12 months. The FCRA promotes the accuracy and privacy of information in the files of the nation’s consumer reporting companies. The Federal Trade Commission (FTC), the nation’s consumer protection agency, enforces the FCRA with respect to consumer reporting companies.
A credit report includes information on where you live, how you pay your bills, and whether you’ve been sued, arrested, or filed for bankruptcy. Nationwide consumer reporting companies sell the information in your report to creditors, insurers, employers, and other businesses that use it to evaluate your applications for credit, insurance, employment, or renting a home."
Fair Credit Billing
"Have you ever been billed for merchandise you returned or never received? Has your credit card company ever charged you twice for the same item or failed to credit a payment to your account? While frustrating, these errors can be corrected. It takes a little patience and knowledge of the dispute settlement procedures provided by the Fair Credit Billing Act (FCBA).
The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well."
Fair Debt Collection Practices Act
"If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe."
"For many consumers, electronic banking means 24-hour access to cash through an automated teller machine (ATM) or Direct Deposit of paychecks into checking or savings accounts. But electronic banking now involves many different types of transactions.
Electronic banking, also known as electronic fund transfer (EFT), uses computer and electronic technology as a substitute for checks and other paper transactions. EFTs are initiated through devices like cards or codes that let you, or those you authorize, access your account. Many financial institutions use ATM or debit cards and Personal Identification Numbers (PINs) for this purpose. Some use other forms of debit cards such as those that require, at the most, your signature or a scan. The federal Electronic Fund Transfer Act (EFT Act) covers some electronic consumer transactions."
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US CODE:Title 15,1693.
§ 1693. Congressional findings and declaration of purpose
( Release date: 2004-05-18 )
"(a) Rights and liabilities undefined
The Congress finds that the use of electronic systems to transfer funds provides the potential for substantial benefits to consumers. However, due to the unique characteristics of such systems, the application of existing consumer protection legislation is unclear, leaving the rights and liabilities of consumers, financial institutions, and intermediaries in electronic fund transfers undefined.
(b) Purposes
It is the purpose of this subchapter to provide a basic framework establishing the rights, liabilities, and responsibilities of participants in electronic fund transfer systems. The primary objective of this subchapter, however, is the provision of individual consumer rights. "
Criminal
Identity Theft and Assumption Deterrence Act
"In October 1998, Congress passed the Identity Theft and Assumption Deterrence Act of 1998 (Identity Theft Act) to address the problem of identity theft. Specifically, the Act amended 18 U.S.C. § 1028 to make it a federal crime when anyone:
""knowingly transfers or uses, 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.""
Violations of the Act are investigated by federal investigative agencies such as the U.S. Secret Service, the FBI, and the U.S. Postal Inspection Service and prosecuted by the Department of Justice."
Privacy and Information Security
"Driver’s Privacy Protection Act of 1994
This law puts limits on disclosures of personal information in records maintained by departments of motor vehicles.
Family Educational Rights and Privacy Act of 1974
This law puts limits on disclosure of educational records maintained by agencies and institutions that receive federal funding.
Gramm-Leach-Bliley Act (to be codified in relevant part at 15 U.S.C. §§ 6801-6809) .Title V, subtitle A, of this Act, Pub. L. No. 106-102, §§ 501-510, 113 Stat. 1338, 1436-45 (Nov. 12, 1999) requires the FTC, along with the Federal banking agencies, the National Credit Union Administration, the Treasury Department, and the Securities and Exchange Commission, to issue regulations (to be codified at 16 CFR Part 313) ensuring that financial institutions protect the privacy of consumers' personal financial information. Such institutions must develop and give notice of their privacy policies to their own customers at least annually, and before disclosing any consumer's personal financial information to a nonaffiliated third party, must give notice and an opportunity for that consumer to "opt out" from such disclosure.
Health Information Portability and Accountability Act of 1996,
Standards for Privacy of Individually Identifiable Health .
Information, Final Rule - 45 CFR parts 160 and 164.
The privacy rule regulates the security and confidentiality of patient information. It took effect on April 14, 2001, with most covered entities (health plans, health care clearinghouse and health care providers who conduct certain financial and administrative transactions electronically) having until April 2003 to comply."
State Law (Civil -Criminal )
- Credit Information Blocking
Alabama
Alabama Code Sect. 13A-8-190 through 201
13A-8-190
Section 11 requires the credit reporting agencies (CRAs) to block false information from consumer victims' credit reports within 30 days of a consumer submitting a court order for the identity thief’s conviction to the CRA.
California
California Office of Privacy Protection
Colorado
Colorado Revised Statutes 12-14.3-106.5 through 108 and CRS 16-18.5-103
Idaho
Idaho Code Section 28-51-102
Requires credit reporting agencies to block inaccurate information resulting from an identity theft upon receipt of a police report.
Washington
Rev. Code Wash. Section 19.182.160
Requires credit reporting agencies to block inaccurate information resulting from an identity theft upon receipt of a police report.
Criminal
Table of Contents
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- FRAUD ALERT 
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