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  Home >> Scams/Fraud >> Identity Theft  
ID Thief Opened Account in My Name

I just had a very bizarre conversation. A bank I had never heard of before just called and said, "You are past due on your credit card account. Your balance now, with late charges and interest, is $23,870.00. We need to talk to you about how you are going to pay what you owe." I thought they had called the wrong number! When I said so, they said, "Are you ____________(my name)? Is your Social Security number _______ (my Social Security number)?" I told them there must be some kind of a mistake. I not only didn't owe them nearly $24,000, but I don't even have a credit card from them and have never heard of them. I didn't get the feeling they even believe me and I'm not sure what I should do.


First of all, go to the Federal Trade Commission's Web site and download and complete the ID Theft Affidavit. Follow the instructions outlined in it, particularly those that relate to informing the nationwide consumer reporting agencies about the identity fraud. Call your local police and make a police report.

You have important new rights as an identity theft victim under a law passed by Congress in 2003 known as the Fair and Accurate Credit Transactions Act (FACTA). Prior to that law, when an ID theft victim would say to a merchant or bank where a fraudulent account was opened "I want copies of all the documents that relate to that account," the merchant or bank would say, "We can't give you that due to privacy laws." It was awful! Under the new law, you have a right to make a written request to that bank who contacted you for a copy of the application for the credit card and business transaction records relating to that fraudulently-opened account. In the alternative, you can authorize the law enforcement authorities to obtain that information for you. The bank will need to verify your identity and your claim of identity theft. Find out what address the request should be mailed to, what additional information you must supply with the request, and any other requirements you need to know about. Once you comply with their requirements, they must provide the information to you at no charge.

When you get the application and other information, you may be able to see clues that would help you identify the person who has stolen your identity, based upon the handwriting, any addresses or other information listed, or even the purchasing patterns. With a copy of your credit report, which you're entitled to receive free, as noted in the instructions for the ID Theft Affidavit, you can also look for evidence of any other fraudulently-opened accounts.

Published on BankingQuestions.com 7/28/06