A federal law signed by President Clinton on October 30, 1998, named "The Identity Theft and
Assumptions Deterrence Act," closes vital gaps against identity theft.
This law offers stronger protection than ever before to consumers and victims of
this type of crime. It also redefines identity theft by making the theft of
personal information--not just documents--a crime.
In the past, consumers were left to repair damaged credit reports and the credit
card companies were considered the victims of identity theft. This law allows
victims of identity theft to seek compensation for "identifiable losses"
as well as expenses related to clearing their name and credit history.
Unlike previous federal legislation, this identity theft law allows law
enforcement officials to prosecute criminals who steal personal information via
the Internet.
"The Identity Theft and Assumptions Deterrence Act" includes the following
measures to protect you and other consumers:
- Making identity theft across state lines a crime with a punishment of a fine and imprisonment of up to 15 years.
- Allowing restitution to the victim.
- Increasing levels of jail time, depending on how many victims the criminal defrauds.
- Requiring the U.S. Secret Service to keep statistics on the identity theft cases they handle and which are reported to them by state and local authorities, and by financial institutions.
FTC Aids Consumers Victimized by Identity Theft
Even before the identity theft bill was passed the Federal Trade Commission had taken steps
of its own by establishing an identity theft complaint center that provides assistance
to consumers. The complaint center records and acknowledges complaints by individuals
who feel they have a reasonable belief that one or more of their means of identification
have been assumed, stolen, or otherwise unlawfully acquired.
The FTC's complaint center refers an identity theft victim to the proper law enforcement
authorities dealing in these types of crimes. Plus, the complaint information that one
person provides instantly becomes available to help law enforcement agencies nationwide
through a database operated by the FTC and the National Association of Attorneys General.
If you have been a victim of identity theft, you can contact the Federal Trade Commission's
complaint center by calling (202) FTC-HELP or sending an email from their website at www.ftc.gov/ftc/complaint.htm. Or, you can write to: Consumer Response Center, Federal
Trade Commission, CRC-240, Washington, D.C. 20580.
Protecting Your Identity
Although new laws will help, your best defense against identity theft is to safeguard your information.
Remember these tactics to protect your identity.
- Monitor your credit. Check your credit report regularly. Order instant reports online from
. Also obtain your Social Security Earnings and Benefits statement once a year to ensure that
no one is using your social security number for employment. Social Security Administration
(800) 772-1203.
- Check your bills. Carefully study your credit card statements, phone and utility bills
and cancelled checks for unauthorized use.
- Carry only what you need. Try to leave your social security card and extra credit cards in a safe place.
- Protect your records. Keep a list of all your bank accounts, credit cards, account numbers, and customer service numbers in a secure place.
- Choose proper passwords. When creating personal identification numbers (PIN) avoid using anything easy to figure out, and change them regularly.
- Keep your Social Security number secret. Don't give it out. It's only necessary for certain items such as tax forms, employment records, banking, and property transactions.
- Shred everything! Shred any documents that have any personal information or credit account numbers on them before discarding.
- Cover the screen or keypad when using an ATM or public phone so thieves can't read your personal identification number (PIN).
- Mail Strategically. Always drop your mail in the U.S. Postal blue boxes or at the post office.