Resolving Specific Identity Theft Problems

Victims of identity theft suffer greatly from the stress and emotional trauma the experience brings. But when it comes to resolving their cases and repairing the damage, progress is made by being assertive, organized, and knowledgeable about their legal rights. Time and accuracy are paramount to every step of this journey. What vary are the best steps to take when resolving specific, distinct ID theft problems.

In other articles we have reviewed the steps you should take if funds have been fraudulently taken from your account using either paper or electronic methods. This article outlines the steps you should take in response to several other specific problems that can result from identity theft.

Fraudulent New Accounts

If you have trouble opening a new checking account, it may be because an identity thief has been opening accounts in your name. Chex Systems, Inc. produces consumer reports specifically related to checking accounts, and as a consumer reporting company it is subject to the Fair Credit Reporting Act.  You can request a free copy of your consumer checking report by contacting Chex Systems, Inc., Attn: Consumer Relations, 7805 Hudson Road, Suite 100, Woodbury, MN 55125; 1-800-428-9623; www.chexhelp.com. 

If you find inaccurate information on your consumer report, follow the procedures you would use to dispute inaccurate credit report information. Contact each of the banks where account inquiries were made. This will help ensure that any fraudulently opened accounts are closed.

Bankruptcy Fraud

If you believe someone has filed for bankruptcy in your name, write to the U.S. Trustee in the region where the bankruptcy was filed. A list of U.S. Trustee Regional Offices is available on the UST website (www.usdoj.gov/ust), or check the Blue Pages of your phone book under U.S. Government Bankruptcy Administration. In your letter, describe the situation and provide proof of your identity. The U.S. Trustee will make a criminal referral to law enforcement authorities if you provide appropriate documentation to substantiate your claim. You also may want to file a complaint with the U.S. Attorney and/or the FBI in the city where the bankruptcy was filed. The U.S. Trustee does not provide legal representation, legal advice, or referrals to lawyers. That means you may need to hire an attorney to help convince the bankruptcy court that the filing is fraudulent. The U.S. Trustee does not provide consumers with copies of court documents. You can get them from the bankruptcy clerk’s office for a fee.

Investment Fraud

The U.S. Securities and Exchange Commission (SEC) Office of Investor Education and Assistance serves investors who complain to the SEC about investment fraud or the mishandling of their investments by securities professionals. If you believe that an identity thief has tampered with your securities investments or a brokerage account, immediately report it to your broker or account manager, and to the SEC (www.sec.gov). 

Mail Theft

The U.S. Postal Inspection Service (USPIS) is the law enforcement arm of the Postal Service and investigates cases of identity theft. The USPIS has primary jurisdiction in all matters infringing on the integrity of the U.S. Mail. If an identity thief has stolen your mail to get new credit cards, bank or credit card statements, pre-screened credit offers, or tax information, or has falsified change-of-address forms or obtained your personal information through any fraud conducted by mail, report it to your local postal inspector.

You can locate the USPIS district office nearest you by calling your local post office, checking the Blue Pages of your telephone directory, or visiting www.usps.gov/websites/depart/inspect. 

Student Loans

Contact the school or program that opened the student loan to close the affected loan. At the same time, report the fraudulent loan to the U.S. Department of Education. Call the Inspector General’s Hotline toll-free at 1-800-MIS-USED; write: Office of the Inspector General, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-1510; or visit www.ed.gov/about/offices/list/oig/hotline.html?src=rt.