Archive for September, 2005

BUREAUS SELL YOUR INFO & DON’T TELL YOU

Saturday, September 24th, 2005
September 24th, 2005

So, the latest case I just settled involving a credit bureau (confidential settlement, as always, but client is quite pleased) involves a bureau selling his information to third parties without telling him. Seems that the bureaus have persuaded judges that they’re allowed to sell “header information” (name, address, previous names, previous addresses) to third parties without telling anyone, not even the person whose information is sold. (I’m myself still not certain whether the bureaus consider social security numbers as “header information”, but I will investigate and report back on that one.)

When a credit bureau sells or gives a copy of your actual credit report to some third person, the credit bureau has to report it as an “inquiry” on your credit report. A hard inquiry is made when you’re applying for credit. A “soft inquiry” is when a credit bureau pulls your credit file for a review, or an existing creditor pulls your file for an account review. (This “account review” position is itself suspicious, since the creditor is pulling your report generally for two reasons: to offer you more credit or to cut back on the credit you already have.)

However, if a credit bureau sells your “header” information, they don’t have to tell you or tell anyone, and they don’t have to report it on your credit report.

Chances are, if you’re reading this, your personal name or names and your last several addresses have been or are being sold to third parties without your knowledge or consent. I’m not sure that consumer even have a right to tell the bureaus not to sell the information.

Since good identity thieves can steal your identity, at least to some extent, with name and address information alone. The bureaus are either ignoring this fact or suppressing it in favor of the glee they experience when they receive the checks for selling your personal information.

Bob Brennan

Preventing Identity Theft and Recovering From it When it Happens

Monday, September 19th, 2005
September 19th, 2005

The two biggest questions I am asked these days from consumers are, first, how to prevent identity theft and, second, how to deal with it when it happens.

I will be doing my next several blog entries on these two specific questions.

First, on prevention: there is no complete and foolproof way to prevent your identity from being stolen. One lesson from the recent Choicepoint debacle is that we literally do not have control of our identifying information anymore. It is a commodity which corporations such as Choicepoint, Lexis/Nexis, Experian, TransUnion, Equifax and Verid buy and sell. Of course, we don’t get any royalty on the sales, but that’s another debate for another day. However, so long as our personal identifying information is treated like a commodity (which it is) and so long as we don’t have any control over it, effectively there is always some risk that someone will steal your identity from one of the big companies that keeps it on file. So, part of the current situation is to simply confront the fact that all of us are, to some extent, liable to identity thefts.

There are several common-sense steps one needs to take in one’s life to reduce the possibility of identity theft, because most identity theft still occurs when someone with direct access to your personal files and information steals them. In 2003 the FBI reported that close relatives are among the most frequent perpetrators of the identity theft crime. So, keeping close watch on your personal information will still go a long way towards reducing your exposure to identity theft.

Among the common sense precautions are:

1. Shred and shred liberally. Get a good shredder. Whenever you pay a bill, you should either file it in a secure, locked place or shred it. Obviously shred anything with your social security number on it, but don’t stop there. I shred all old bills, all old account statements, etc. that I am not keeping. If I’m keeping it, I try to keep it in a secure location behind lock and key.

2. Don’t give out your social security number if you don’t have to. Recently a large identity theft ring was busted in Los Angeles (where I practice law). This ring obtained identifying information through the low-wage employees of several building cleaning services. These cleaning services cleaned doctor’s offices, lawyer’s offices, dentist’s offices, etc. at night, after hours, when the regular office staffs were not present. The thieves would look for unlocked cabinets, patient charts left on desks, etc., and would copy all of the identifying information they could lay their hands on. The identities were then sold on the black market. So, now, when I fill out a doctor’s or dentist’s admission form, I simply don’t give my social security number. I use my office address and phone numbers rather than my home address and phone numbers. I always request that my information will be kept behind lock and key.

3. Consider a locked mailbox. Most police officers recommend this precaution. Thieves can still steal your mail from an unlocked mailbox, and sometimes the mail has your identifying information on it.

4. Think about what you throw away and where you throw it away. “Dumpster divers”, people who rummage through trash looking for valuable inforamtion, are still alive and well in our culture. When in doubt, shred it before you throw it away.

5. Internet security: this topic alone is enough for an entire article. As most people now know, do not fall for “phishing” or “pharming”. If an email comes to you requesting your social security number or identifying information, it’s probably a scam and you should delete it. If you do have to provide personal identifying information online, one good precaution is to call the vendor first to make sure that you have the correct website address and that the website is secure. You may also ask if you can make the purchase verbally, over the phone, thereby reducing your use of your credit cards in cyberspace.

In my family, there is only one credit card we use online. So, if a thief steals it, we simply cancel it and get another card.

These are a few tips for your use and benefit. I will be adding more in days to come. Thanks for reading.

A Few More Steps to Prevent Identity Theft or Reduce The Chance That It Will Occur

Sunday, September 11th, 2005
September 11th, 2005

Here’s a few more tips to help prevent identity theft or reduce the chances that it might occur:

1. Keep your financial records in a safe location, and preferably under lock and key.

2. Be very careful about who you give access to your personal information. The FBI determined in 2004 that family members accounted for a very large percentage of ID thefts. Close friends are another source of ID thefts. This is particularly true if you have a relative who is having severe financial problems. I recommend that you control access to all of your personal identifying information. If some family member really needs to see something which has your personal information on it, bring it out and show it to them in your presence and then put it away. Don’t just let them have it.

3. Keep your computer updated with ad-ware and spy-ware protection. Spy-ware in your computer can actually transmit your keystrokes to remote identity thieves.

4. When ordering checks, use your first initial only. For instance, if your name is “John Smith,” order your checks in the name of “J. Smith”. If someone steals your checks but does not get other identifying information, they may make a mistake of giving an incorrect first name when filling out the check.

5. NEVER NEVER NEVER have your social security number on your personal checks. If you have to have your phone number on your checks, use your work phone number. Use a P.O. Box on your checks if you have one.

6. Photocopy the contents of your wallet (driver’s license, credit cards, etc.) in the event you lose your wallet. You will need to call your credit card companies immediately if you lose your wallet.