Identity Theft Passport Program: Protecting Victims of Identity Theft

2. Introduction • I’m her to… • Explain what is Identity Theft • Introduce the Identity Theft Passport Program • Explain how to submit an ID Theft Passport application • When to accept or deny an application • Provide helpful information for victims of Identity Theft

3. What exactly is ID Theft? • It is a crime; • The thief obtains identifying information from another person or group; • It’s done for purposes of fraud or deception; often using deception or privacy breach to gain the information; and • It usually results in personal gain for the thief.

4. How does MT law define ID Theft? • Mont. Code Ann. 45-6-332: A person commits the offense of theft of identity if the person purposely or knowingly obtains personal identifying information of another person and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, financial information, or medical information in the name of the other person without the consent of the other person.

5. MT ID Theft Passport Program • Identity Theft Passport is designed to help victims prove to creditors and law enforcement officers that someone has used the person’s identity to commit fraud. • To qualify for a Passport, identity theft victims must file a police report and complete an Identity Theft Passport application with a photo ID to the investigating agency.

6. Yearly Identity Theft Reports

7. Data Breaches • Effective October 1, 2015, Montana law (MCA 30-14-1704(8)) requires businesses to send a copy of the consumer notification to the Montana Office of Consumer Protection.  • OCP has received 1,408 since 2015, 640,185 Montana’s have been affected • 2018 OCP has received 397 breach notifications 414,947 affected • dojmt.gov/consumer/consumers-known-data-breach-incidents

8. Completed applications must have… • Police Report • Completed ID Theft application • Clear copy of MT ID or Drivers license

11. MT Identity Theft Passport

12. Criteria for approving or denying ID theft passport applications Approve • When a new account is established in the victim’s name and they endure a monetary loss • When the thief has committed a crime in the victim’s name Deny • When a theft has occurred • When the incident is isolated

13. Approve or Deny • The victim’s house was broken into last night and the thief stole the victim’s wallet which included her drivers license, social security card, debit card/credit card, health insurance card, auto insurance card and $35.00 cash.

14. Approve or Deny • The victim received notice from the IRS that someone has attempted to file a fraudulent return in their name. However, the IRS has denied the attempt because they detected the return was fraudulent and no refund was issued. The victim will have to file a paper return this year to avoid future fraud.

15. Approve or Deny • The Victim received a collection notice for $4,000.00 regarding an American Express credit card. The victim contacted American Express fraud department and notified the representative the he/she does not have an American Express Credit Card. After further review the victim was informed that a new line of credit was issued in their name using their social security number. The victim was told that he/she will have to file a fraud claim with both American Express and the 3 credit companies.

16. Approve or Deny • The victim receives notice from his or her bank stating that they have detected suspicious activity on their debit card in Miami Florida and they have suspended the card and issued a new one. The victim confirmed that the charges are not theirs and the bank reimbursed the consumer for their loss.

17. Approve or Deny • The victim received notice from Equifax that their personal information was compromised in a recent data breach. Currently there is no evidence of any new accounts opened in the victim’s name.

18. If someone is a victim… what to do to recover from ID Theft • Go to our website at https://dojmt.gov/consumer/identity-theft/ • We suggest several steps: Unfortunately, it’s a fair amount of work. • Keep a record of whom you call and when. Create a log of all correspondence with your financial institutions and law enforcement agencies, including the names, dates and phone numbers of people you contacted. Confirm the information in writing. Use Certified Mail. • Report the theft of your identity to your local law enforcement agency. • Get a copy of the police report, and ask to have your case entered into the NCIC Identity Theft File. • Credit card companies and financial institutions may require you to show a copy of this report to verify the crime. • Keep the phone number of your investigator and provide it to creditors and others who require verification of your case.

19. If someone is a victim… what to do to (cont’d) • Contact the three major credit bureaus. Ask that they put a “security freeze” or a fraud alert on your account and send you a free credit report. • A security freeze will stop someone else getting new credit in your name. A fraud alert is a special message you can have placed on your credit report. When a credit issuer checks your credit rating, the alert indicates that there may be fraudulent activity on your account. • Many are freezing post-Equifax regardless of evidence of fraud. • Report the crime to the Federal Trade Commission and complete an FTC ID Theft Affidavit.

20. If someone is a victim… what to do to (cont’d) • DO mail the following • 1. to all three credit bureaus and • 2. to all creditors and collection agencies showing or collecting the fraudulent charges: • the FTC ID Theft Affidavit • the police report • Your MT Identity Theft Passport (if you have one) • a letter disputing the fraudulent charges

21. If someone is a victim… what to do to (cont’d) • The dispute letter must do all of the following: • identify you • indicate which accounts are disputed • affirmatively state that you had nothing to do with the charges on the accounts • request that the accounts be blocked from your credit report • WE HAVE SAMPLE LETTERS ONLINE!!!

22. If someone is a victim… what to do to (cont’d) • Notify all financial institutions you have an account with that you are a victim of identity theft. • Change your account numbers and passwords. • For any accounts that have been fraudulently accessed or opened, contact the billing inquiries and security departments of the appropriate creditors or financial institutions. Close these accounts. • Use new passwords – not your mother’s maiden name or other personal information that may have been stolen – on any new accounts opened. Confirm your contact in writing. • Ask that old accounts be processed as “account closed at consumer’s request,” not “card lost or stolen.” When the latter is reported to credit bureaus, it can be interpreted as blaming you for the loss. Carefully monitor your mail and credit card bills and immediately report any new fraudulent activity to credit grantors.

23. If someone is a victim… what to do to (cont’d) • Check your credit report with all three credit bureaus at least every three months until the matter is resolved. If you have properly placed a fraud alert on your accounts (see Step 3), you can ask for two additional free credit reports a year from each credit bureau for the duration of the fraud alert. • Pay any portion of a bill that is legitimate, but DO NOT pay charges you are disputing. Your credit rating should not be permanently affected, and no legal action should be taken against you as a result of identity theft. If any merchant, financial institution or collection agency suggests otherwise, simply restate your willingness to cooperate, but don’t allow yourself to be coerced into paying fraudulent bills. Report such attempts to the Office of Consumer Protection or the FTC immediately.

24. Security Freezes • One of the single most effective ways to prevent ID theft fraud. • By putting a security freeze on their credit files, Montanans can prevent those files from being shared with potential creditors. • “Locks up” credit information. WHY does this work? • Prevents a thief from falsely using someone else’s identity to take out a mortgage, apply for a credit card or get financing. • Easily lifted by consumer if a major purchase, etc., is anticipated.

25. Security Freezes • Can’t lower credit score; • Can’t prevent consumer from getting credit report; • Won’t stop pre-approved offers. (see our website if you want to stop those offers) 888-5OPTOUT (888-567-8688) or go online to www.optoutprescreen.com • Does prevent potential employer from obtaining CR. • No fee to freeze. • The credit bureaus must place the freeze on your files within five business days of receiving your written request. If you are a victim of identity theft, they must place the freeze within 24 hours of getting the police report and information confirming your identity. • Each of the credit bureaus will send you written notice that the freeze is in place within five days of it going into effect. This confirmation will include a Personal Identification Number (PIN) and instructions on how to lift or remove the freeze.

27. Best Tips to Avoid ID Theft • https://oag.ca.gov/idtheft/facts/top-ten • 1. Protect your Social Security number. (relevant post-Equifax?) • Don’t carry your Social Security card in your wallet. If your health plan (other than Medicare) or another card uses your Social Security number, ask the company for a different number. For more information, see Your Social Security Number: Controlling the Key to Identity Theft web page. • 2. Fight "phishing" - don't take the bait. • Scam artists "phish" for victims by pretending to be banks, stores or government agencies. They do this over the phone, in e-mails and in the regular mail. Do not respond to any request to verify your account number or password. Legitimate companies do not request this kind of information in this way.

28. Tips to avoid ID Theft • 3. Polish your password practices • Use different passwords for all your accounts. Make those passwords strong with at least eight characters, including a mix of letters, numbers, and symbols ($+r0^gh@h@). Hide them safely, and keep them handy. • 4. Be mysterious on social networks • What you share on social networks (your home or email address; children’s names; birth date and so on) is what tech-savvy thieves use for scams, phishing, and account theft. Don’t over share.

29. Tips to avoid ID Theft • 5. Shop online with caution. • When shopping online, check out a Web site before entering your credit card number or other personal information. Read the privacy policy and look for opportunities to opt out of information sharing. (If there is no privacy policy posted, beware! Shop elsewhere.) Only enter personal information on secure Web pages with "https" in the address bar and a padlock symbol at the bottom of the browser window. These are signs that your information will be encrypted or scrambled, protecting it from hackers.

30. Tips to avoid ID Theft • 6. Check your statements • Open your credit card bills and bank statements right away. Check carefully for any unauthorized charges or withdrawals and report them immediately. Call if bills don’t arrive on time. It may mean that someone has changed contact information to hide fraudulent charges. • 7. Stop pre-approved credit offers • Stop most pre-approved credit card offers. They make a tempting target for identity thieves who steal your mail. Have your name removed from credit bureau marketing lists. Call toll-free 1-888-5OPTOUT (888-567-8688).

31. Tips to avoid ID Theft • 9. Check your credit reports – for free • One of the best ways to protect against identity theft is to monitor your credit history. You can get one free credit report every year from each of the three national credit bureaus: Equifax, Experian and TransUnion. Request all three reports at once, or be your own no-cost credit-monitoring service. Just spread out your requests, ordering from a different bureau every four months. (More comprehensive monitoring services from the credit bureaus cost from $44 to over $100 per year.) Order your free annual credit reports by phone, toll-free, at 1-877-322-8228, or online at www.annualcreditreport.com. Or you can mail in an order form. • 10. Ask questions • Don’t be afraid to ask questions when a business or agency asks for your personal information. Ask how it will be used. Ask how it will be shared, and how it will be protected. Explain that you’re concerned about identity theft. If you’re not satisfied with the answers, consider taking your business somewhere else.

32. Office of Consumer Protection • PO Box 200151 555 Fuller Ave. Helena, MT 59601 • (406) 444-4500 (800) 481-6896 • contactocp@mt.gov • dojmt.gov/consumer • Montana Scam Alerts: dojmt.gov/consumer/scam-alerts/