Coping With Identity Theft
This information was compiled as of September 30, 2005. Please be certain to verify this information. It is solely for reference purposes, and is not intended to constitute or operate as a substitute for obtaining legal counsel.
The following are steps that may be taken by consumers to help resolve issues raised by identity theft:
(1) File a report with the local police or police where the identity theft occurred. Obtain the police report number or a copy of the police report for your files (some companies may require it to process your notice of identity theft). Effective September 1, 2005, Texas law requires peace officers to prepare a written report whenever a consumer alleges he or she is a victim of identity theft, and to provide you with a copy of that report if you request it.
(2) Obtain and complete a copy of the Federal Trade Commission Identity Theft Affidavit. The Affidavit is accepted by: the three major credit bureaus, participating credit issuers, and most major financial institutions.
(3) Contact the fraud departments of any one of the three major credit bureaus, and ask them to place a fraud alert on your account. The fraud alert asks creditors to contact you before they open any new accounts or make any changes to your current accounts.
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Equifax P.O. Box 740241 Atlanta GA 30374-0241 (800) 525-6285 |
Experian P.O. Box 2104 Allen TX 75013 (888) 397-3742 |
TransUnion Fraud Victim Assistance Division P.O. Box 6790 Fullerton CA 92634 (800) 680-7289 |
As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts. You may then request a free copy of your credit report from all three. You may also request that a Texas Security Freeze be placed on your credit account. If a freeze is placed on your file, the credit bureau may not release your file without your express consent (there are a few exceptions to this prohibition). Note: To obtain a Texas Security Freeze, you must make your request by Certified Mail, include a copy of the police report, and provide proper identification.
(4) If another person is arrested and falsely uses your name or personal information, have your information expunged from the arrest record by contacting the Texas Department of Public Safety (512-424-5258).
(5) For any accounts that have been fraudulently accessed or opened:
- Contact the security department of the appropriate creditor or institution.
- Close the account (and perhaps all accounts).
- If necessary, open new accounts.
- Use passwords to access those accounts (not a maiden name or SSN).
- Where appropriate, request that they cease reporting the information.
(6) File a complaint with the Federal Trade Commission, which maintains a database of identity theft cases used by law enforcement agencies.
Federal Trade Commission
Identity Theft Clearinghouse
Federal Trade Division
600 Pennsylvania Avenue NW
Washington DC 20580
(877) 438-4338
Selected Statutory Sources
- Texas Business & Commerce Code, Chapters 20 and 48
- Fair Credit Reporting Act (as amended by the Fair and Accurate Credit Transactions Act), 15 U.S.C ยง 1681 - 1681x.