LEGAL MATTERS: Protecting Your Identity (and Sanity)

LEGAL MATTERS: Protecting Your Identity (and Sanity)

The financial havoc an identity thief can create cannot be overstated. Over the years we have represented multiple clients whose lives were severely disrupted and where the fraud amounted to tens of thousands of dollars and, in a couple of instances, six figures.

It is almost impossible to list all the ways a criminal can steal a victim’s personal or financial information. There are, however, preventive steps that a person can take to make it much less likely that he or she is victimized:

• Safeguard personal information such as your social security number;
• Purchase a shredder and use it to shred all bank statements, credit card statements and other financial information;
• Always avoid responding to e-mails requesting personal information;
• Never provide any personal information to an unsolicited caller on the phone.
• Carefully review your monthly financial statements and regularly review your credit report. If your identity is stolen it won’t be long before adverse entries will appear on these documents.

 

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If you do find evidence that someone has stolen your identity, it is important to act immediately.

Contact the Federal Trade Commission (FTC) at 877-ID-THEFT. The FTC will pass on your report to the credit reporting agencies and the appropriate authorities. You should also contact any creditor that you believe has been duped by the identity thief.

A number of creditors and major credit card companies will require a copy of a police report documenting that you reported the fraud, together with an affidavit regarding the fraud before the creditor will relieve you of responsibility for the debt.

Finally, a report to the credit reporting agencies will result in a fraud alert being placed on your credit report which can help prevent further fraud. The credit reporting agencies can be contacted at the following numbers:

• Experian: 888-397-3742
• Equifax: 800-525-6285
• TransUnion: 800-680-7289

 

The FTC has a Web site devoted to providing information and assistance to victims of identity theft. Included on the Web site is information on how to protect yourself from identity theft and guidance on how to deal with the situation if you are victimized. Included are sample letters, forms and instructions.

The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship.

Susan G. Pegden is a litigation associate with the Law Firm of Hamel, Waxler, Allen & Collins in Providence.  She is admitted to practice in Rhode Island and Massachusetts and is a member of the Board of Governors of the Rhode Island Association of Justice (RIAJ) and a member of the Rhode Island Women’s Bar Association.

Sean P. Feeney is a partner with the Law Firm of Hamel, Waxler, Allen & Collins. He is admitted to practice in Rhode Island, Illinois and Wisconsin. Mr. Feeney is a former special counsel to the City of Providence, military prosecutor with the United States Marine Corps and Special Assistant United States Attorney for the Central District of California.