Using the Internet Safely For Seniors

ID Theft Victims’ Rights

If you’re a victim of ID theft, you may have months of work ahead of

you to clear up your records, but if you know your rights, you can move

forward more confidently. Although state regulations may vary (see

Figure 16-1), here are some of the provisions you should check into:

➟ Limitations imposed on collection agencies:A col-

lection agency may not call a debtor more than one

time in 180 days in order to collect on debts associ-

ated with an identity theft, as long as the victim for-

wards information regarding the alleged theft. A

victim must provide the following:

• A written statement describing the nature of the
  fraud or theft and identifying the documents
  and/or accounts involved.


• A certified copy of a police report. According to
  the FTC, “In your report, you should give as much
  information as you can about the crime, including
  anything you know about the dates of the identity
  theft, the fraudulent accounts opened and the
  alleged identity thief.” Detailed information
  should specifically identify the relevant financial
  institutions, account numbers, check numbers,
  and so on.


• A copy of a government-issued photo identifica-
  tion card dated before the date of the identity
  theft, such as your driver’s license or passport.


• A statement that a debt is under dispute as the
  result of identity theft. Collection agencies are pro-
  hibited from calling consumers about transactions
  that are identified as fraudulent.

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Chapter 16: Knowing Your Rights and Making a Difference