WHAT IS IDENTITY THEFT?

Identity theft is a serious crime that occurs when someone else uses your personal information such as your name, Social Security Number, credit card information, driver’s license number or other identifying information without your permission.

Most of the time, this stolen information is used to obtain credit, merchandise or services in the name of the victim.  But, in addition to running up debt, an imposter might provide false identification to police, creating a criminal record or leaving outstanding arrest warrants for the person whose identity has been stolen.

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HOW DOES IDENTITY THEFT HAPPEN?

The only thing an identity thief needs is your Social Security Number, your birth date or, sometimes, identifying information as basic as your address, driver’s license number and phone number. 

Some of the places identity thieves get this information include:

  • Purses/wallets
  • Personal information kept in your car (especially your glove box)
  • Receipts tossed in the trash
  • Overhearing conversations you have in public
  • Information stolen from your mailbox
  • Diverting your mail to another location by filling out a “change of address form”
  • Looking over your shoulder when you use your credit cards or the ATM 

Some thieves use technology to get your information:

  • “Phishing” or “pfarming” for information via e-mail
  • “Pretexting” phone calls where the caller needs you to give information over the phone
  • Computer hacking

But the most surprising might be when a dishonest employee snatches your personal information where you least expect it:

  • Physician offices
  • Attorney or accountant offices
  • Health insurance carriers
  • Stores where you shop or apply for credit cards
  • Restaurants

And once an identity theft has your information, they are then able to sell it to other crooks.

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HOW DO YOU KNOW IF YOUR IDENTITY HAS BEEN STOLEN?

Even if you do everything possible to prevent criminals from stealing your identity, it can still happen to you.  Here are some common warning signs your identity has been stolen:

  • Your credit report shows unknown accounts
  • You are denied credit, or offered less favorable credit terms, for no apparent reason
  • You receive an actual credit card you did not apply for
  • You fail to receive bills or other mail (A missing bill could mean an identity thief has taken over your account and changed your billing address to cover his tracks or obtain additional personal information.

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IDENTITY THEFT STATISTICS

Identity Theft At A Glance

From 2006 Identity Fraud Consumer Report:

  • In the last 12 months, nearly 8.9 million Americans (4 percent of the population) became victims of identity fraud.
  • The good news is, this is an 11.9 decrease from 2003.
  • The bad news is, the average fraud amount per victim has increased substantially (21.6 percent) to $6,383 per victim.
  • Because many financial institutions do not hold victims responsible for identity theft, the average out-of-pocket expense to consumers is $422.
  • The average time to resolve the situation is 40 hours, up from 33 hours in 2003.
  • Identity theft and fraud cost $56.6 billion annually; this is essentially the same amount as in 2003.
  • The faster fraud is detected, the lower the fraud amount and consumer costs.  47 percent of cases are detected by the victim and this self-detection results in 36 percent lower consumer costs ($347 on average, compared to $422 on average.)

63 percent of identity theft cases were initiated by breaches of information within the victim's control:

  • 30 percent lost or stolen wallets, checkbooks, credit/debit cards
  • 15 percent by someone you know (friend, family, in-home employee, neighbor)
  • 9 percent stolen mail
  • 9 percent home computers (hacking, viruses, phishing)

Businesses accounted for 30 percent of the identity theft:

  • 15 percent were caused by employee wrongdoing
  • 7 percent were fraudulent transactions
  • 6 percent were data breaches

Fraud perpetrated by friends/family/in-home employees/neighbors costs more to resolve.

  • Fraud perpetrated by an employee at a business costs a consumer an average of $8.
  • Fraud perpetrated by someone you know costs a consumer an average of $1,209.

Source:  2006 Identity Fraud Survey Consumer Report, Javelin Strategy and Research.

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WHAT ARE THE FEDERAL LAWS REGARDING IDENTITY THEFT

The Fair Credit Reporting Act
Fair Credit Reporting Act
The Fair Credit Reporting Act establishes procedures for correcting mistakes on your credit record and requires that your record only be provided for legitimate business needs.

Fair and Accurate Credit Transactions Act
Fair and Accurate Credit Transactions Act
The Fair and Accurate Credit Transactions Act is actually an amendment to the Fair Credit Reporting Act and provides several new measures to protect consumers from identity theft.

The Fair Credit Billing Act
Fair Credit Billing Act
The Act establishes procedures for resolving billing errors on your credit card bills and statements with regard to your credit card accounts. The Act also limits your liability for unauthorized or fraudulent credit card charges.

  • The Fair Debt Collection Practices Act
    The Fair Debt Collection Practices Act
    The Fair Debt Collection Practices Act prohibits debt collectors from using unfair or deceptive practices to collect overdue bills that your creditor has forwarded for collection.

    Identity Theft and Assumption Deterrence Act
    Identity Theft and Assumption Deterrence Act
    The Act makes it a federal crime when someone knowingly transfers or uses, without   authority, a person's identification such as their name, social security number, credit card, cellular telephone, electronic serial number or any other piece of information that may be used to commit a crime that is a violation of federal law, or constitutes a felony under any state or local law.

    Identity Theft Penalty Enhancement Act
    Identity Theft Penalty Enhancement Act
    The Identity Theft Penalty Enhancement Act establishes penalties for aggravated identity theft.

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    WHAT ARE PENNSYLVANIA LAWS REGARDING IDENTITY THEFT?

    Identity Theft Title 18 Pa C.S. 4120
    In Pennsylvania, a person commits the offense of identity theft of another person if they possess or use, through any means, identifying information of another person without the consent of that other person to further any unlawful purpose.


    Under the law, a police report taken by a local, county, or state law enforcement agency by a person stating that their identifying information had been used without their consent shall be considered evidence that the information was used or possessed without the person's consent.

    Unlawful Use of Computer - Title 18 Pa C.S. 7611
    Under the law, a person commits the offense of unlawful use of computer if they intentionally or knowingly and without authorization gives or publishes a password, identifying code, personal identification number, or other confidential information about a computer, computer system and or database, world wide web (www) site, or telecommunication device.

    Computer Trespass - Title 18 Pa C.S. 7615
    Under the law, a person commits the offense of computer trespass if they knowingly and without authority or in excess of given authority use a computer or computer network with the intent to effect the creation and or alteration of a financial instrument or an electronic transfer of funds.

    Forgery - Title 18 Pa C.S. 4101
    Under the law, a person is guilty of forgery if they intentionally defraud or injure anyone by altering any writing of another without their authority or makes, completes, executes, authenticates, issues or transfers any writing so that it gives the appearance of being the act of another.

    Bad Checks - Title 18 Pa C.S. 4105
    Under the law, a person commits the offense of bad checks when they issue or pass a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

    Access Device Fraud - Title 18 C. S. 4106
    Under the law, a person commits access device fraud if he or she uses a credit card, debit card, automated teller machine card, plate, code, account number, personal identification number or other means of account access to obtain or attempt to obtain property or services; or if they publish, make, sell, give, or transfer to another the means of account access knowing it is counterfeit, altered, incomplete or belongs to another person.

    Act 94 of 2005

    Under the law, notification of a computer breach would be required when an individual's name could be viewed in combination with other personal information, such as driver's license numbers, social security numbers or credit card numbers.  Consumers would be notified by various methods including letter, telephone call, e-mail, or through statewide media.  Following a breach, if an organization fails to notify the public as required by the law, a citizen victimized by identity theft can recover actual damages from the organization.

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