July 3, 2008

The Trans Union Credit Monitoring Settlement And How It Relates To Identity Theft

Denise Richardson has an excellent summary of the recent Trans Union settlement and what that means for consumers (particularly for preventing Identity Theft) in her post here. We recommend studying her post and then making your own decision as to what is best for you.

If you live in Alabama and have questions about Identity Theft, feel free to contact us for a free consultation on your options.

May 18, 2008

Family Identity Theft - What Is The "Domestic Policy" Of Major Creditors?

Much of the ID theft occurs by family members. The response by major creditors has been to adopt a so-called "Domestic Policy" which is where if a family member stole your identity to open an account, this is your problem. This policy is wrong and illegal.

The Fair Credit Reporting Act requires the reporting to be accurate. If you did not authorize or allow the account with the creditor to be open, we fail to see how the relationship of the ID thief makes a difference. Now, we do always recommend that you be willing to prosecute - regardless of who committed the theft. If you don't, the creditor can (fairly or unfairly) make attacks on your credibility.

If you are a victim of ID theft, even if by a family member, feel free to contact us for help particularly against the major credit card companies that refuse to correct your credit.

March 23, 2008

Excellent Post On Fighting Fraudulent Credit Card Charges

Carey at the Consumerist has a very good post on what he did when he discovered $1600 in fraudulent charges on a store credit card. Its good to read about what to do when something like this happens but it is also very helpful to read what someone actually did in this type of situation.

March 18, 2008

Identity Thieves Target Tax Returns

We wanted to warn Alabama Consumers on the latest target for identity thieves. Apparently, they are now even so bold as to use the IRS to unwittingly commit identity theft on consumers. We recently came across a great article alerting us to this practice in the Wall Street Journal.

The article found that the IRS and FTC are reporting growing numbers of victims complaining about identity theft related to their tax returns. Apparently, they are seeing two types of fraud. The first is where someone uses your private information to file a return in your name and then either tries to get the refund or take out a loan against the refund. The second is where someone uses your information to obtain a job, then files a return with your personal information on it. When you go to file your actual tax return, the IRS believes that you have already filed causing all sorts of headaches.

In regards to actual numbers, the article noted that "the Federal Trade Commission received 20,782 complaints on tax-related identity-theft issues in 2007, up from 15,442 in 2006 and 8,041 in 2003." However, an IRS representative stated that she "believes those numbers 'significantly understate' the size of the problem and the number of taxpayers hurt by it because, she says, the agency doesn't have a comprehensive method of tracking the various types of identity-theft cases."

Continue reading "Identity Thieves Target Tax Returns" »

February 25, 2008

Identity Thief tries to Scam Jurors

Alabama consumers should be aware of this jury duty scam we recently read about on the Houston Consumer Blog. This is a blog that the local ABC News Station has on their website. The blog is maintained by Mike Mcguff, who has done an excellent job of informing Houston consumers of issues they need to be aware of.

Apparently, an identity theft was attempting to obtain individual's personal information by calling them and telling them that they had missed jury duty and were being fined. One person he called reported it this way:

“I received a phone call yesterday from someone claiming to be with the Harris County Jury Assembly Room Staff. They said that I had failed to report to Jury Duty and I would be fined $300 dollars if I did not. Then they told me that I could pay with a credit card and get it taken care of right away. I do not have a credit card, so I told them I had never received a letter/summons and if I was going to be fined, I would rather send in a money order or check. Then I started asking more questions about what I could do to avoid the fine, since I had never received the letter, and they just hung up on me.

First, of all, never give your personal information out over the phone to someone who calls and asks for it. Second, if you receive such a call. Hang up and call the court to report this immediately. If you ever receive a suspicious call from anyone, hand up and call the company back on a number from the phone book or their official website.

February 24, 2008

Five Percent of All Identity Theft Victims Are Children

According to myentrust's article, a staggering five percent of all identity theft victims are children. You should definitely read the entire article but here is a critical part of the article:

Here are some common sense Tips to Protect Children from identity theft and online fraud:

1) Keep info private - Educate children about the importance of keeping personal information private.

2) Protect their SSN - Your kids need to ask your permission from a parent before they give out their Social Security number and address or other personal contact information to anyone.

3) Protect personal info - Warn children about the perils of submitting their email address, name, home address, and birth date to online sites.

4) Check for red flags -If you start to receive promotional mail and especially credit card solicitations in your child’s name, this is a red flag for potential identity theft.

5) Stay off mailing lists - Keep the names of children off mailing lists. Use an adult family member's name instead.

6) SSN's only when necessary - Social Security number theft is on the rise. Don’t give your children’s SSN to anyone, if it's not absolutely necessary. When it is, ask why it's needed and how it will be used.

7) Parental monitoring - Pay attention to sites your children visit and ensure they are not unnecessarily exposing themselves to identity theft.

8) Protect SSN cards - Don't allow your children to carry their Social Security cards. Keep them locked in a secure place.

We need to practice these steps to help protect our children. We just today posted an article about a seven year old boy that had his identity stolen when he was about one year old.

Myentrust is an interesting website with lots of identity theft related articles. Thanks to Julie Tilsner of Walletpop for alerting us to this article.

February 24, 2008

Different Types of Identity Theft

Lita Epstein of Walletpop has an excellent post on Protecting Your Identity - Understand The Types of Identity Theft. We highly recommend this particular article and this site in general. Identity theft is a terrible problem that we all face and every bit of information we can gain (and that we use - knowledge by itself is worthless) can be the difference between almost being a victim and being an identity theft victim.

February 24, 2008

Identity Theft - Seven Year Old Boy Told Owes Taxes On $60,000 He Has Made

This would be funny if it wasn't so serious - a 7 year old boy has been told by the IRS he owes back taxes on $60,000. It turns out a despicable person has been using the boy's identity since 2001. Let's see - using advanced math skills - the boy was, what, one year old when his identity was stolen? Or was he not even one yet? Amazing!

The story is pretty short but it gives the details - we recommend you read it in the San Diego Union Tribune.

Protect yourself and your children from identity theft. If you have been the victim of identity theft contact a consumer attorney. This will help make sure you get it cleared up - or if it doesn't get cleared up you can sue the companies that refuse to honor their obligations under federal and state law.

February 21, 2008

Reminder to Watch for Credit Card Skimming

We ran across this video that discusses the dangers of eating out. Though this happened in April of 2007, you could still potentially be a victim of this scam. The scam involves credit card skimming, which is where someone who uses your credit card runs it through a device, which records your personal information from the card. They can then make a duplicate card, which appears to be and works just like your card. When used, the charges show up on your account.

The only real way to prevent this is to regularly check your credit and bank card statements and balances. If anything looks out of line, contact your bank immediately to report it.

If you have been the victim of identity theft and have difficulty correcting it revew these articles, Identity Theft Credit Issues and Steps for Reporting Credit Errors on some steps you can take to begin repairing your credit.

February 21, 2008

Experian Sues Lifelock For Violating The Fair Credit Reporting Act

Most of us have probably heard or seen the commercials from LifeLock - the owner gives out his social security number without fear because he is protected against identity theft. For the curious, his social security number can be found on the website. Rush Limbaugh advertises the service. Apparently LifeLock now has about 700,000 customers who pay about $10 per month. So what's the problem? For one, Experian has now sued LifeLock.

According to Andrew Johnson of The Arizona Republic, Experian is claiming that "LifeLock is violating the Fair Credit Reporting Act by signing up its customers for fraud alerts and removing their names from direct mailing lists."

Here are several more interesting quotes from this good story:

Experian claims that under the Fair Credit Reporting Act, the 90-day alerts are intended for consumers who believe they have become the victim of fraud or will likely become a victim.

The act also stipulates that only consumers or representatives - such as a parent - can sign up for fraud alerts.

Experian argues that by continuously enrolling its customers in fraud alerts, LifeLock is costing credit-reporting agencies money.

Furthermore, Experian also contends that LifeLock does not do enough to let consumers know that they could obtain many of the services it offers on their own for free.

"LifeLock is leading consumers to believe that the service it is providing is something consumers couldn't do themselves and they have to pay a fee for what is a legal right under federal law," said Peg Smith, executive vice president in Experian's Costa Mesa, Calif. office. "We believe what's happening here is LifeLock is not providing adequate disclaimers to consumers about the fact that these are free for consumers who are truly victims of fraud."

Just because something can be done for free doesn't mean its wrong to pay for it - I could do my taxes for free but yet I will pay a CPA to prepare them. That sounds like a bogus argument from Experian. Now what does resonate as true is that LifeLock is costing Experian money. That is the only thing that we have found in numerous suits against Experian, Equifax, Trans Union, and Choicepoint (credit reporting agencies) that will get their attention. The more people that opt out of the mailing lists, the fewer names the agencies such as Experian have to sell to companies who want to bombard us with offers and advertisements.

I don't know if LifeLock is violating the Fair Credit Reporting Act like Experian claims but I do know it is noteworthy that Experian claims this. I've never seen Experian agree or even hint that it had ever seen the Fair Credit Reporting Act violated - every time we sue Experian for this it claims there is no violation and it has never seen a violation. So, perhaps progress is being made by the means of LifeLock - annoying commercials and all....

Update - just saw this post by Denise Richardson on this issue - good stuff to read by clicking here.

February 9, 2008

Another Story On Zombie Debt Haunting Consumers

It is good when the untold stories are told - when people can see what is really going on with real people. This Newsday.com article tells about ordinary people who are being hounded - haunted as the article puts it - by debt collectors and junk debt buyers. Often the accounts ("zombie debt") that these abusive agencies are trying to collect are well beyond the time limit to ever sue or they were long ago discharged in bankruptcy or they were created by identity theft.

The author of the article, Richard J. Dalton, Jr.,, notes that

Mullen, 46, says she doesn't remember the debt and has challenged it. Others who have received such notices say the purported old debts are a result of identity theft.

Many credit card companies have started selling delinquent accounts to collectors to boost quarterly earnings, according to a report by Kaulkin Ginsberg, a Rockville, Md.-based adviser on debt collection.

The collectors then resell some of that debt to other collection agencies, accounting for $100 billion in credit card debt sold annually, according to the March 2006 report.

Continue reading "Another Story On Zombie Debt Haunting Consumers" »

January 2, 2008

Recent Opinion In Sloan vs. Equifax

This opinion from the Fourth Circuit Court of Appeals rejected the arguments of Equifax in this six figure verdict except on two grounds. The emotional distress damages were reduced to $150,000 and the trial court was instructed to conduct a hearing on the attorney's fee award.

A good analysis of the impact of identity theft is provided by Denise Richardson in her fine blog post. We recommend this to your reading. She also has a link to the opinion so you can read it yourself.

While we disagree with the reduction of the emotional distress damages, overall this opinion benefits consumers and for that we are thankful.

1-3-08 Update - we just saw an excellent blog post on this case at the South Carolina Bankruptcy and Consumer Law Blog written by Sheryl Sisk Schelin. We think you will enjoy this excellent post.

August 12, 2007

Good ID Theft Protection Advice For Alabama Consumers From Wall Street Journal

As you know, Identity Theft is a major problem for Alabama consumers and we are always on the lookout for good advice to reduce the risk. Today the Wall Street Journal has a book excerpt that offers some excellent advice.

We suggest you read this fine article and see if your defenses have any weaknesses that you can shore up. Remember, if you are a victim of ID theft, there are options to receive compensation for the damages you have suffered.

August 7, 2007

ID Theft Can Target Celebrities Also

Denise Richardson has an excellent blog on credit issues and she picked up this story of how an ID theft ring was targeting celebrities such as Whitney Houston, Paris Hilton, Jennifer Lopez, and others. As we have discussed in the past, ID theft can strike anyone - old, young, ordinary, and now apparently even the famous....

If you have been the victim of Identity Theft keep in mind that you may have options for receiving compensation for your damages.

July 26, 2007

2000 Activated Credit Cards

This story is both funny and sad. A man received 2000 credit cards from Exxon with his name and account number on them. If you read this story from the always excellent Consumerist, make sure and read the comments. There is one about someone being billed $1.07 (with the threat of a late charge) and sending the gas company 107 checks for a penny each.

July 16, 2007

My Wallet was Stolen! Now What do I do?

Alabama consumers need to be wary of protecting themselves from thieves who can strike any where at any time. We were recently reminded about how important this is when Birmingham News reporter, John Archibald reported on a story that happened to him under the caption, "They Stole from Me, And I'm Furious"

If you ever have your wallet, purse or anything that contains your personal information stolen, there are several things you should do immediately in order to protect yourself. Most of these are common sense, but are well worth repeating. These include:

- filing a report with the police;
- immediately canceling all credit and debit cards;
- contacting your bank; and
- contacting your credit card companies to put a hold on charges on your accounts.

There are also a few other steps that you should take that may not be so obvious. As a preventative step, you should periodically make a photocopy of all of your credit cards, driver's license and any other important documents in your wallet or purse. This is especially recommended when travelling, but is also advisable even when not traveling, as this will assist you in contacting your credit card companies and banks with accurate information to freeze all of your accounts.

You should also consider monitoring your bank accounts to track any fraudulent purchases. Once you have notified your bank, if any purchases appear, you will usually not be responsible if you have acted quickly.

Finally, you should contact one of the three main Consumer Reporting Agencies, Trans Union, Experian and Equifax to place a "fraud alert" on your credit reports. This will prevent anyone from being able to open a new credit account in your name without you first being contact to approve it.

Good Luck and watch yourselves!

July 6, 2007

Identity Thieves Target Elderly

Alabama's elderly consumers need to be aware that they, like others, are being targeted by identity thieves. We recently ran across this newspaper article headlined "Senior Citizens Often Targeted by Identity Theft Scams" by reporter Rebecca Blanton reminding us of this fact.

Maj. Gary Goodson of the Pittsylvania County Sheriff’s Office reminds us in the article, “If you haven’t solicited someone for information and you’ve received something anonymously or unsolicited, then 99 percent of the time it’s going to be a scam or a fraud. If you have to pay anything to get something free, it’s definitely going to be a scam."

Be on the look out for people pretending to be from your bank or from some government entity wanting to either confirm your information or stating that there is a problem with your account or your information and that they need you to provide information in order to protect yourself or correct the problem.

If you receive a call along these lines, do not give out any personal information. If you are concerned and want to make sure there isn't a problem with your account or information, hang up the phone and then call back whatever entity was supposedly calling you. Do call the number the caller gives you, but look the number up in the phone book or through directory assistance.

The FBI agents stated in the article that they weren't surprised to hear about calls targeting the elderly, who can be particularly vulnerable. The article noted, 'they say it’s been their experience the elderly are targeted for several reasons. Most are likely to own their own home and have good credit. People raised in the 1930s, ‘40s and ‘50s were raised to be polite and trusting. Con men exploit these traits."

If, however, you find yourself the victim of identity theft, you need to take steps to protect yourself. Visit our website for more information about how to protect yourself if you have been the victim of identity theft.

June 20, 2007

ChoicePoint Victims Have A Deadline To File Claim

The FTC website has details about the reimbursement of expenses suffered by people who became identity theft victims because of the wrongdoing of ChoicePoint.

Here is an excerpt:


Last year, ChoicePoint, a company that compiles and sells personal information, announced that it had sold information about many consumers to people who turned out to be identity thieves. The FTC, the nation’s consumer protection agency, investigated the ChoicePoint security breach and alleged that, in some cases, these sales resulted in identity theft. The FTC and ChoicePoint reached a settlement requiring the company, among other things, to pay $5 million to be used to reimburse consumers for expenses due to identity theft caused by ChoicePoint’s security breach.

With the assistance of law enforcement agencies, the Federal Trade Commission identified over 2,400 additional consumers who may have experienced out-of-pocket expenses due to identity theft connected with the alleged security lapses at ChoicePoint Inc. The FTC has mailed claims forms for reimbursement to those consumers. Consumers who do not receive a letter, but who believe that they have identity theft-related expenses due to this incident, may submit a claim by completing the form below.

The form must be postmarked by August 18, 2007 to be considered. Please be sure to include your name and address so that we may contact you regarding your claim.


Yet another reminder we must be vigilant in protecting ourselves. If you think you have a claim with ChoicePoint, please take the necessary steps before the deadline.

June 5, 2007

College And Identity Theft

Here is a story reporting the apparently first college course on identity theft. Young people of all ages can be victims of identity theft and need to protect themselves. I suppose that when you get a college course, it shows how prevalent this problem is in America.