Editor’s note: This commentary is part of the ongoing efforts of the Emerald and ASUO Legal Services to assist students through education and as well as representation. ASUO Legal Services’ attorneys are licensed to practice in the state of Oregon. Information disseminated in this article does not constitute legal advice and does not create an attorney/client relationship. For legal advice, contact an attorney licensed in your state. You should not make legal hiring decisions based upon brochures, advertising or other promotional materials.
Identity theft is a growing problem, resulting in more than 200,000 complaints to the Federal Trade Commission in 2003 alone. The term refers to any crime involving the misuse of someone’s personal information, such as your name, Social Security number, bank account number or driver’s license number. The identity thief can use this information to make unauthorized charges to your credit card or to open new accounts in your name. They may also obtain identification with your name on it and provide it to police when arrested for crimes. In this situation, when the ID thief fails to go to court to answer the charges, a warrant for your arrest will be issued.
As more and more consumers become aware of the risk of identity theft, the thieves have become more sophisticated in obtaining personal information. You therefore must stop and think each and every time you give out any personal information. Ask yourself the following questions:
* Is the person requesting the information who they claim to be? Never give information such as a credit card or Social Security number or account password over the phone unless you initiated the call. If someone calls claiming to be from your credit card company, hang up and call the company back using the customer service number. Similarly, do not answer any e-mails soliciting this type of information. Check www.idtheftcenter.org/alerts.shtml for a list of current e-mail scams.
* Can anyone overhear the information you give over the phone? If you place a call to your credit card company in a public place, someone within earshot could obtain your account number and password.
* If a legitimate company is requesting the information, what will they do with it, and how will they keep it secure? Whenever a business uses your Social Security or driver’s license number as an ID, ask to use a substitute number.
You should also limit the potential damage if your wallet or purse is stolen. Don’t carry your Social Security card or more credit and/or debit cards than you are likely to use.
In addition, protect your mail and your trash from theft. If your computer contains personal information and is connected to the Internet, you need to protect yourself with virus protection software, updated regularly, and a firewall.
Even if you are very careful with your personal information, you should check your credit report at least once a year. Request a copy from each of the three major credit reporting agencies: Equifax (http://www.equifax.com), Experian (http://www.experian.com) and TransUnion (http://www.transunion.com).
If you become a victim, you should immediately take the following steps:
1. Notify the credit reporting agencies of the problem. Each agency will send you a copy of your credit report. Review all three to determine how your information has been used.
2. Close any affected accounts, and any that have been opened fraudulently. You can obtain a fraud affidavit, which some creditors will request, at http://www.consumer.gov/idtheft/affidavit.htm. Add passwords to all accounts.
3. File a police report and a complaint with the FTC. Report mail theft to the local postal inspector.
4. Visit http://www.idtheftcenter.org and http://www.consumer.gov/idtheft for more information.
5. Do not pay any bill that is the result of fraud.
6. Contact an attorney as necessary.