Rights Of Identity Theft Victims

There are several federal laws that protect victims of identity theft. These laws concern

1. Dealing with credit reporting companies
2. Documenting the theft
3. Dealing with creditors, merchants, and debt collectors
4. Limiting your financial losses caused by the identity theft

Following is a summary of these laws, spelling out the rights of identity theft victims:
 

1. Dealing with Credit Reporting Companies

You have the right to:

• Place a 90-day initial fraud alert on your credit files. You'd do this if you think you are the victim of identity theft, or may become a victim.  A fraud alert informs users of your credit report that they have to  take reasonable steps to verify who is applying for the credit in your name.
• Place a 7-year extended fraud alert on your credit files. You'd do this if you know you are a victim of identity theft. You would have to give an identity theft report to each of the credit reporting agencies.  The agencies will put your contact information on the extended fraud alert and those who use your credit report must contact you before they can issue credit in your name.
• Get one free copy of your credit report from each credit reporting agency. You can obtain these when you put the 90-day initial fraud alert on your credit reports. 
• If you place an extended fraud alert on your credit reports, then you have the right to obtain two copies of your credit report during a 12-month period. (These free reports are in addition to the free report that you are entitled to each year.
• Have the credit reporting agencies block fraudulent information from appearing on your credit report. To accomplish this, you must submit a copy of an identity theft report. The credit reporting agencies must then tell any creditors who give them fraudulent information that it resulted from an identity theft. The creditors may not turn these fraudulent debts over to debt collectors.
• Dispute inaccurate or fraudulent information on your credit report with a credit reporting agency. The credit reporting agency must investigate your charges, and fix your credit report if they discover that the information is fraudulent.

In some states, you can restrict access to your credit report through a credit freeze. A credit freeze makes it more difficult for an identity thief to open a new account in your name.
 

2. Documenting The Theft

You have the right to:

• File a report with a law enforcement agency and ask for a copy so you can prove how your identity was misused.
  This report is often called a police report.

An identity theft report is a police report with more detail. To qualify as an identity theft report, the report should have sufficient information about the identity crime that the credit reporting agencies and the involved businesses can verify that you are an identity theft victim and know what account information has been affected.  This report will give you access to many of the rights described on this page.

The FTC’s ID theft complaint form is a good place to start documenting your identity theft.  After you fill out this online form you can print it, and then use it with the police report to create your identity theft report.
 

3, Dealing With Creditors, Merchants And Debt Collectors

You have the right to:

• Get copies of documents relating to your identity theft if you give the company a valid police report. You also can tell the company to give the documents to a specific law enforcement agency.  This way, the agency doesn’t have to get a subpoena for the records.
• Have fraudulent accounts removed from your credit report. Once you give debt collectors and creditors a copy of a valid identity theft report, they can not report fraudulent accounts to the credit reporting agencies.
• Stop the collection of fraudulent debts. You may ask debt collectors to stop contacting you where they are trying to collect on fraudulent debts.
• Ask debt collectors to give you information related to the debt, like the amounts of the debts and the names of the creditors.

In some states, you have the right to be notified by an organization or business that has misplaced or lost certain types of personal information.  Contact your state attorney general’s office for more information.
 

4. Limiting Your Loss From Identity Theft

There are various laws that limit your liability for fraudulent debts caused by identity theft.

• Lost or Stolen ATM/Debit Card:
  If your ATM or debit card is stolen or lost, there is a maximum liability of $50 for which you can be held liable if you notify the credit union or bank within two business days after you discover that your card is missing.  Your liability could increase if you do not promptly report the loss of your card.
• Fraudulent Credit Card Charges:
  You can't be held liable for more than $50 for fraudulent purchases made with your credit card, as long as you notify the credit card company within 60 days from when the credit card statement that contained the fraudulent charges was sent to you.  Some credit card issuers state that cardholders who are victims of fraudulent transactions have no liability for theml.
• Fraudulent Checks:
  In most states, the law limits your liability to a certain amount for fraudulent checks that are issued on your bank account or credit union account (as long as you promptly notify the bank or credit union). You will have to contact your state banking or consumer protection agency for information specific to your state.
• Fraudulent New Accounts:
  Most state laws do not hold you liable for any debt incurred on fraudulent accounts opened in your name and without your permission.  You will have to contact your state attorney general’s office for information specific to your state law
• Fraudulent Electronic Withdrawals:
  If your ATM or debit card is not lost or stolen, and fraudulent electronic withdrawals are made from your bank or credit union account, then you are not liable, as long as you notify the bank or credit union in writing within 60 days of the date that the bank or credit union account statement, that contained the fraudulent charges, was sent to you.

Additional Federal Rights

Identity theft victims have other rights

When the identity thief is prosecuted in federal court, then under the Justice for All Act, the U.S. Department of Justice states that identity theft victims have the right to:

• Accurate, reasonable, and timely notice of any public court proceeding, any release or escape of the accused or any parole proceeding involving the crime.
• Be reasonably protected from the accused
• Be reasonably heard at any public proceeding in the district court which involves the plea, release, sentencing, or any parole proceeding;
• Not be excluded from any public court proceeding unless the court determines that the testimony of the identity theft victim would be materially altered if he or she heard other testimony at that proceeding
• Proceedings free from unreasonable delay
• Confer with the attorney in the case who represents the government
• Be treated fairly and with respect.
• Full and timely restitution as provided by law
   

Additional States Rights

You may have additional rights under your state laws. Contact your state attorney general’s office to learn more.
 

Additional Resources

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