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Cyber safety and ID Theft. Assistant Attorney General Jack Zurlini Washington State Attorney General’s Office. Agenda. Consumer Protection & the changing marketplace Up close: spam, spyware, & phishing Safeguarding against ID Theft . Consumer Protection Division.
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Cyber safety and ID Theft Assistant Attorney General Jack Zurlini Washington State Attorney General’s Office
Agenda • Consumer Protection & the changing marketplace • Up close: spam, spyware, & phishing • Safeguarding against ID Theft
Consumer Protection Division • Enforces Consumer Protection Act - ensures that the marketplace is free of unfair and deceptive practices • Tools: informal mediation, litigation, education • Consumer Resource Centers: • 4 throughout state • 89,000 calls in 2006 • Returned about $5.75 million to consumers
Enforcement Actions • $3.5 million total recoveries • $2.2 million fees and costs • $450,000 restitution to consumers • $468,000 cy pres • $307,000 civil penalties
Some Traditional CP Issues • Unfair or deceptive acts or practices • Car repair, leasing and purchase • Contractors • Foreclosure rescue scams • Cell phone bills • Charities • Predatory lending • Credit cards • Telemarketers • Collections
The Changing Marketplace • Networks are now integral to the marketplace • When consumer trust is compromised, Internet commerce is at risk • Consumer Protection has adapted to digital deception and unfairness
Auctions Credit Cards Pyramids Biz Oppty’s Health Care Products & Services Travel/Vacation Investments Old Retailing Fraud, New Media
Old Fraud, New Media • Foreign lottery • Sweepstake scam • 419 or Advanced Fee Fraud • Wire transfer fraud
New High-Tech Fraud • SPAM • Spyware • Phishing • Smishing • Vishing • Pharming • Typosquatting
High-Tech Deception or Unfairness Examples of an unfair or deceptive practice: • Using image that, when clicked on, doesn’t “x” out • Obstructing the use of a consumer’s computer with recurrent pop-ups • Negative option billing at the end of a free trial offer
High-Tech Deception or Unfairness Failure to disclose material facts: • A person might not download freeware if they knew there were getting spyware • Misrepresentations, such as making a download box for spyware look like a Microsoft Security Alert • Or failure to uninstall despite representing that the program will be uninstalled
High-Tech Deception or Unfairness Unconscionable practices: • Use of incessant pop-up billing reminders • For instance, holding consumers hostage with a barrage of pop-ups until they provide payment for a service they never ordered • No meaningful choice of terms, i.e. exceedingly unfair terms such as continued surveillance forever or choice of forum for arbitration
SPAM • Unsolicited bulk email • Widely used for committing financial institution fraud, credit card fraud, and identity theft • Violation of CAN-SPAM Act and WA law • Forward to spam@uce.gov • Common Spam Scams: • Nigerian Email • Phishing • Work-at-Home • Weight Loss Claims • Foreign Lotteries • Cure-All Products • Check Overpayment • Pay-in-Advance Credit Offer • Debt Relief • Investment Schemes
Spyware • Installed without consent, spyware monitors or controls your computer use • Violation of Washington’s anti-spyware law • Effect: • Pop-up ads • Redirect computer to websites • Monitor Internet surfing • Record keystrokes
Spyware Example • Search tools • Spam • Adware • Net send messages
Phishing • Fraudulently obtaining an individual’s personal or financial information • Forward to reportphishing@antiphishing.org • If you believe you’ve been scammed, file a complaint with the FTC
If we do not get a new credit card by the end of the business day, your account will be canceled… Any invalid information will result in a $50 processing fee.
Best Practices For PC Users Technology Practices: • Use anti-virus and anti-spyware software, as well as a firewall, and update them all regularly • Set up your browser and operating system properly, and update them regularly • Back up important information
Best Practices For PC Users Personal Behavior Practices: • Protect your personal information: It’s valuable • Know who you are dealing with • Protect your passwords • Choose the safest payment method • Know who to contact if you have a problem
Best Practices For PC Users • Download software only from sites you know and trust. • Don’t click on links inside pop-up windows or in spam that claim to offer anti-spyware software or anything else. • Don’t reply to email or pop-up messages that ask for personal or financial information.
Identity Theft Checklist • Call and write to: law enforcement, credit card issuers, banks, creditors, debt collectors, credit reporting agencies. • Follow up phone calls in writing. • Keep a log.
Checklist, con’t • Contact police and file report. • Contact FTC and file an affidavit at www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf • Police report or affidavit entitles you to copies of application and transaction forms of accounts opened in your name.
Checklist, con’t • Contact credit reporting agencies: tell them you’re disputing debts and why. • Inaccurate or fraudulent information on credit report should be blocked per Fair Credit Reporting Act.
Checklist, con’t • Contact creditors’ fraud department to alert them of fraud. • Existing accounts: close accounts or get new account numbers. • New accounts: contact creditor and get copies of application and transaction documents.
Fraud Alerts and Security Freezes • Fraud Alert places statement on credit report for 90 days requiring new creditor to call you before extending credit. • Security Freeze blocks potential creditor’s access to credit report. Current law requires victim of id theft or of computerized data security breach.
New Security Freeze Law • No need to first be a victim. • Free if 65 or over; $10 fee to freeze and $30 to thaw. • 15 minute thaw to open accounts. • Credit reports still accessible to consumer and existing creditors. • Effective September 2008.
Reporting Internet Fraud • Washington Attorney General: www.atg.wa.gov 1-800-551-4636 • FTC: www.ftc.gov 1-877-382-4357 • To forward spam: spam@uce.gov
Reporting Internet Fraud con’t • Identity theft: www.consumer.gov/idtheft • FBI/Internet Fraud Center: www.ic3.gov • Anti-Phishing Working Group: www.antiphishing.org • Local law enforcement, internet service provider, or site operator
Additional Information • Free credit reports: www.annualcreditreport.com or call 1-877-322-8228 • Security freeze or fraud alert: www.financialprivacynow.org • Do not call list 1-888-382-1222 or www.donotcall.gov • Opt-out list 1-888-567-8688 or www.optoutprescreen.com
Contact Information • Consumer Resource Center • 1-800-551-4636 • www.atg.wa.gov • Jack G. Zurlini, Jr., AAG • 509-456-3123 • jackz@atg.wa.gov