Identity Theft Information

1. Set up a folder to keep a detailed history of this crime.
2. Keep a log of all your contacts and make copies of all documents.
3. Contact all creditors by phone and in writing to inform them of the problem.

4. Notify the US Postal Inspector and Federal Trade Commission if your mail has been stolen or tampered with:

   • US Postal Inspection Service
   • Federal Trade Commission – The FTC is the federal clearinghouse for complaints by victims of identity theft. The FTC helps victims by providing information to help resolve financial and other problems that could result from identity theft. Their hotline telephone number is 1-877-IDTHEFT (438-4338).

5. Alert your banks to flag your accounts and contact you to confirm any unusual activity.
6. Request a change of PIN and a new password.
7. If you have any checks stolen or bank accounts set up fraudulently, report it to the following companies:

8. • National Check Fraud Service – (843) 571-2143
   • SCAN – (800) 262-7771
   • Telecheck – (800) 710-9898 or 927-0188
   • CheckRite – (800) 766-2748
   • CrossCheck – (707) 586-0551
   • Equifax/ Liertigy Check Systems – (800) 437-5120
   • International Check Services – (800) 526-5380
   • Social Security Administration’s Fraud Hotline – 1-800-269-0271.

9. Obtain description of suspect (if known).
10. Obtain witness information.
11. What is the financial loss to you? Attach all supporting documentation.

(Date)

Dear (Creditor Name/Collection Agency Name):

On (Date), I received your letter demanding payment of ($$ amount). I did not open this account and incur this unpaid balance. Someone, other than myself, wrongfully used my personal information to obtain a line of credit/service. Your company extended a line of credit/services to someone, other than me. Your company is a victim and should file a police report in the appropriate jurisdiction.

You are hereby notified that on (Date), I filed an identity theft report with the Port Jervis Police Dept The case # is (____-_________), a copy of which can be obtained by contacting the Port Jervis Police Dept. at (845) 856-5101.

Closing,
(Your name and address)

Call each of the three credit bureaus’ fraud units to report identity theft. Ask to have a Fraud Alert/Victim Impact statement placed in your credit file asking that creditors call you before opening any new accounts.
Request that a copy of your credit report be sent to you.

Equifax
PO Box 74021, Atlanta, Georgia 30374-0241

– To order your report, call 1-800-685-1111
– To report Fraud, call 1-800-525-6285

Experian
PO Box 949, Allen, Texas 75013-0949

– To order your report, call 1-888-397-3742
– To report Fraud, call 1-888-397-3742

Trans Union
PO Box 390, Springfield, Pennsylvania 19064-0390

– To order your report, call 1-800-916-8800
– To report Fraud, call 1-800-680-7289

1. Promptly remove mail from your mailbox after delivery.
2. Deposit outgoing mail in post office collection mailboxes or at your local post office. Do not leave in unsecured mail receptacles.

3. Never give personal information over the telephone, such as your:

   • Social Security Number
   • Date of Birth
   • Mother’s Maiden Name
   • Credit Card Number
   • Bank PIN Code

   unless you initiated the phone call. Protect this information and release it only when absolutely necessary.

4. Shred pre-approved credit applications, credit card receipts, bills and other financial information you don’t want before discarding them in the trash or recycling bin.
5. Empty your wallet of extra credit cards and IDs, or better yet, cancel the ones you do not use and maintain a list of the ones you do.
6. Order your credit report from the three credit bureaus once a year to check for fraudulent activity or other discrepancies.
7. Never leave receipts at bank machines, bank counters, trash receptacles, or unattended gas pumps.
8. Keep track of all your paperwork. When you no longer need it, destroy it.
9. Memorize your social security number and all of your passwords. Do not record them on any cards or on anything in your wallet or purse.
10. Sign all new credit cards upon receipt.
11. Save all credit card receipts and match them against your monthly bills.
12. Be conscious of normal receipt of routine financial statements. Contact the sender if they are not received in the mail.
13. Notify your credit card companies and financial institutions in advance of any change of address or phone number.
14. Never loan your credit cards to anyone else.
15. Never put your credit card or any other financial account on a postcard or on the outside of an envelope.
16. If you applied for a new credit card and it hasn’t arrived in a timely manner, call the bank or credit card company involved.
17. Report all lost or stolen credit cards immediately.
18. Closely monitor expiration dates on your credit cards. Contact the credit issuer if replacement cards are not received prior to the expiration dates.
19. Beware of mail or telephone solicitations disguised as promotions offering instant prizes or awards designed solely to obtain your personal information or credit card numbers.

1. Use caution when disclosing checking account numbers, credit card numbers or other personal financial data at any Web site or on-line service location unless you receive a secured authentication key from your provider.
2. When you subscribe to an on-line service, you may be asked to give credit card information. When you enter any interactive service site, beware of con artists who may ask you to “confirm” your enrollment service by disclosing passwords or the credit card account number used to subscribe. Don’t give them out!

§ 190.78 Identity theft in the third degree.

A person is guilty of identity theft in the third degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. 1. obtains goods, money, property or services or uses credit in the name of such other person or causes financial loss to such person or to another person or persons; or
   2. commits a class A misdemeanor or higher level crime.

Identity theft in the third degree is a class A misdemeanor.

§ 190.79 Identity theft in the second degree.

A person is guilty of identify theft in the second degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. 1. 1. 1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds five hundred dollars; or
      2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds five hundred dollars; or
      3. commits or attempts to commit a felony or acts as an accessory to the commission of a felony; or
      4. commits the crime of identity theft in the third degree as defined in section 190.78 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in this section, identity theft in the first degree as defined in section 190.80, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the second degree is a class E felony.

§ 190.80 Identity theft in the first degree.

A person is guilty of identity theft in the first degree when he or she knowingly and with intent to defraud assumes the identity of another person by presenting himself or herself as that other person, or by acting as that other person or by using personal identifying information of that other person, and thereby:

1. 1. 1. 1. obtains goods, money, property or services or uses credit in the name of such other person in an aggregate amount that exceeds two thousand dollars; or
         2. causes financial loss to such person or to another person or persons in an aggregate amount that exceeds two thousand dollars; or
         3. commits or attempts to commit a class D felony or higher level crime or acts as an accessory in the commission of a class D or higher level felony; or
         4. commits the crime of identity theft in the second degree as defined in section 190.79 of this article and has been previously convicted within the last five years of identity theft in the third degree as defined in section 190.78, identity theft in the second degree as defined in section 190.79, identity theft in the first degree as defined in this section, unlawful possession of personal identification information in the third degree as defined in section 190.81, unlawful possession of personal identification information in the second degree as defined in section 190.82, unlawful possession of personal identification information in the first degree as defined in section 190.83, grand larceny in the fourth degree as defined in section 155.30, grand larceny in the third degree as defined in section 155.35, grand larceny in the second degree as defined in section 155.40 or grand larceny in the first degree as defined in section 155.42 of this chapter.

Identity theft in the first degree is a class D felony.

• Federal Trade Commission
• NY Dept. of Consumer Affairs
• Privacy Rights Clearing House
• U.S. Government Accounting Office
• U.S. Postal Inspection Service
• International Association of Financial Crimes Investigators