Identity Theft Victim’s Rights

Once you realize that you are a fraud victim, you need to contact various government, banking, and credit agencies. With your help and patience, we can help you resolve your situation. To make the process as manageable as possible, we have prepared the following procedures to help you resolve any problems with your creditors, remove inaccurate information from your credit report and prevent any further fraud.

Click here for a Idenity Theft Checklist

1. Protect your credit report
Add a fraud alert to your credit file to warn potential credit grantors that you may be a victim of identity theft.

Depending on your state of residence, you may be eligible for a Security Freeze, preventing anyone (with some exceptions) from accessing your credit report.

2. Obtain and review a copy of your credit report    

Check your credit reports periodically and watch for any unauthorized activity. You can request a FREE credit report each year, from each of the 3 credit bureaus at www.annualcreditreport.com .  Should any information not pertaining to you show up on your credit file, contact the creditors and question the account and/or inquiry. If you have questions, contact your Mortgage Specialist.

3. Report the fraud
Contact government agencies such as the Federal Trade Commission (FTC) to report the fraudulent activity. It is recommended that you also contact your local law enforcement agency to file a report regarding the fraudulent activity.

4. Contact your credit financial institutions
Contact companies that you have relationships with and inform them that your accounts with those companies may be compromised.

Contact the companies on your credit report that you do not recognize. Verify with the company, the information they have in their records for the reported item.

Provide the creditor with a copy of your police report, notarized FTC Affidavit or other relevant documentation.

Keep a log of all related phone conversations, including names of people with whom you spoke.

5. Checks and Social Security number
Notify your bank to stop checks. You can also report stolen checks, file a complaint with the Social Security Administration and more.

6. Follow up
Follow up with companies and agencies that you have contacted to ensure that their investigation resulted in your favor. The FVAD helps you to the fullest extent possible, but remember that the victim has certain responsibilities. By working with credit grantors directly to identify all fraudulent accounts, you can greatly reduce this crime's effect on you.

Periodically review your credit report. Check for any new fraudulent activity.

Fraud Victim Bill of Rights

Remedying the Effects of Identity Theft

Para informacion en espanol, visite http://www.ftc.gov/bcp/conline/edcams/credit/espanol.htm o escribe a la FTC, Consumer Response Center, Room 130-A 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.

You are receiving this information because you have notified a consumer reporting agency that you believe that you are a victim of identity theft. Identity theft occurs when someone uses your name, Social Security number, date of birth, or other identifying information, without authority, to commit fraud. For example, someone may have committed identity theft by using your personal information to open a credit card account or get a loan in your name. For more information, visit www.consumer.gov/idtheft or write to: FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580.

The Fair Credit Reporting Act (FCRA) gives you specific rights when you are, or believe that you are, the victim of identity theft. Here is a brief summary of the rights designed to help you recover from identity theft.

1. You have the right to ask that nationwide consumer reporting agencies place "fraud alerts" in your file to let potential creditors and others know that you may be a victim of identity theft. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you. It also may delay your ability to obtain credit. You may place a fraud alert in your file by calling just one of the three nationwide consumer reporting agencies. As soon as that agency processes your fraud alert, it will notify the other two, which then also must place fraud alerts in your file.

o Equifax: 1-800-525-6285; www.equifax.com

o Experian: 1-888-397-3742; www.experian.com

o TransUnion: 1-800-680-7289; www.transunion.com

An initial fraud alert stays in your file for at least 90 days. An extended alert stays in your file for seven years. To place either of these alerts, a consumer reporting agency will require you to provide appropriate proof of your identity, which may include your Social Security number. If you ask for an extended alert, you will have to provide an identity theft report. An identity theft report includes a copy of a report you have filed with a federal, state, or local law enforcement agency, and additional information a consumer reporting agency may require you to submit. For more detailed information about the identity theft report, visit www.consumer.gov/idtheft.

In order to protect your identity, you must submit a written request to remove the fraud alert from your credit file. Please send your request to: TransUnion P.O. Box 6790 Fullerton, Ca. 92834.

2. You have the right to free copies of the information in your file (your "file disclosure"). An initial fraud alert entitles you to a copy of all the information in your file at each of the three nationwide agencies, and an extended alert entitles you to two free file disclosures in a 12-month period following the placing of the alert. These additional disclosures may help you detect signs of fraud, for example, whether fraudulent accounts have been opened in your name or whether someone has reported a change in your address. Once a year, you also have the right to a free copy of the information in your file at any consumer reporting agency, if you believe it has inaccurate information due to fraud, such as identity theft. You also have the ability to obtain additional free file disclosures under other provisions of the FCRA. See www.ftc.gov/credit.

3. You have the right to obtain documents relating to fraudulent transactions made or accounts opened using your personal information. A creditor or other business must give you copies of applications and other business records relating to transactions and accounts that resulted from the theft of your identity, if you ask for them in writing. A business may ask you for proof of your identity, a police report, and an affidavit before giving you the documents. It also may specify an address for you to send your request. Under certain circumstances, a business can refuse to provide you with these documents. See www.consumer.gov/idtheft.

4. You have the right to obtain information from a debt collector. If you ask, a debt collector must provide you with certain information about the debt you believe was incurred in your name by an identity thief -- like the name of the creditor and the amount of the debt.

5. If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file. An identity thief may run up bills in your name and not pay them. Information about the unpaid bills may appear on your consumer report. Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identify the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report. The consumer reporting agency can refuse or cancel your request for a block if, for example, you don’t provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you. If the agency declines or rescinds the block, it must notify you. Once a debt resulting from identity theft has been blocked, a person or business with notice of the block may not sell, transfer, or place the debt for collection.

6. You also may prevent businesses from reporting information about you to consumer reporting agencies if you believe the information is a result of identity theft. To do so, you must send your request to the address specified by the business that reports the information to the consumer reporting agency. The business will expect you to identify what information you do not want reported and to provide an identity theft report.

To learn more about identity theft and how to deal with its consequences, visit www.consumer.gov/idtheft, or write to the FTC. You may have additional rights under state law. For more information, contact your local consumer protection agency or your state attorney general.

In addition to the new rights and procedures to help consumers deal with the effects of identity theft, the FCRA has many other important consumer protections. They are described in more detail at www.ftc.gov/credit.

If you still need assistance in clearing your credit and protecting your identity, please email us at:  hahn@vistamortgagegroup.com