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WHY IS CREDIT CORRECTIONS AND DEBT RELIEF SO IMPORTANT TO YOU?

Public Institute Research Group (P.I.R.G.) reports, in their FACT sheet 11 dated April 2003, that:

“Today, in 2003, complaints about credit bureau errors continue. A new report by the Consumer Federation of America shows shocking discrepancies in credit scores derived from credit reports obtained from the three largest credit bureaus. These errors hurt thousands, if not millions of consumers, who end up paying too much for sub-prime home loans and sub-prime credit cards.

As reported by PIRG: Mistakes Do Happen: Credit Report Errors Mean Consumers Lose

This is the PIRGs' sixth study on credit report accuracy and privacy issues since 1991. The PIRGs have also participated in state and federal legislative battles to improve credit reporting laws. This report is our first investigation of credit report accuracy since 1996 Congressional changes to the federal Fair Credit Reporting Act (FCRA), designed to improve the accuracy and ease of access to reports, took effect in September 1997. The findings of Mistakes Can Happen are troubling. An alarming number of credit reports contain serious errors that could cause the denial of credit, a loan, or even a job. Further, some consumers never even received their reports, even after repeated calls.
Among the major credit report accuracy findings of the survey:

  •  Twenty-nine percent (29%) of the credit reports contained serious errors - false delinquencies or     accounts that did not belong to the consumer - that could result in the denial of credit;

     
  •  Forty-one percent (41%) of the credit reports contained personal demographic identifying information that    was misspelled, long-outdated, belonged to a stranger, or was otherwise incorrect;

     
  •  Twenty percent (20%) of the credit reports were missing major credit, loan, mortgage, or other consumer    accounts that demonstrate the creditworthiness of the consumer;

     
  •  Twenty-six percent (26%) of the credit reports contained credit accounts that had been closed by the    consumer but incorrectly remained listed as open;

     
  •   Altogether, 70% of the credit reports contained either serious errors or other mistakes of some kind.

     

Among the survey's major access to credit report findings:

  •   Of the consumers that did obtain their credit reports, at least 14% of them were forced to call back 3 or    more times after receiving busy signals or had to write a letter in order to receive their report;

     
  •  And 12% of the consumers waited two weeks or longer to receive their report once they finished    requesting it. It took more than a month for one California man to receive his report.

     
  • Overall, 15% of consumers who attempted to participate in the survey either made at least 3 phone calls and never got through or requested their reports but never received them.

     

WHY IS IDENTITY SHIELD IS SO IMPORTANT TO YOU?

As reported in the PIRG Consumer home page under Identity Theft, updated August 2003:


P.I.R.G. reports, in their FACT sheet 11 dated April 2003, that “…Worse, identity theft is skyrocketing. Identity theft complaints led all complaints to the FTC in 2000, 2001, and 2002 and doubled in 2002. Identity theft happens for two reasons: easy availability of Social Security Numbers and sloppy practices of creditors and credit bureaus.

Identity theft is a fast growing crime striking up to 750,000 Americans annually. Victims in a recent PIRG/Privacy Rights Clearinghouse survey (detailed in the report "Nowhere To Turn" with a comprehensive reform platform also included) spent an average of $808 of their own out-of-pocket money and 175 hours of time attempting to clear false fraudulent information off their accounts. Identity theft is aided and abetted by sloppy bank, department store and credit bureau credit-granting practices.

Types of Identity Theft: Experts divide financial identity theft into two main categories. True name" fraud occurs when someone uses pieces of a consumer's personal identifying information, usually a Social Security number (SSN), to open new accounts in his or her name. Thieves can obtain this information in a variety of ways, from going through a consumer's garbage looking for financial receipts with account numbers and SSNs, to obtaining SSNs in the workplace, to hacking into computer Internet sites, or buying SSNs online. "Account takeover" occurs when thieves gain access to a person's existing accounts and make fraudulent charges. Regardless of the types of fraud committed or the amount of money taken fraudulently, victims indicate that stress, emotional trauma, time lost, and damaged credit reputation -- not the financial aspect of the fraud -- are the most difficult problems they face. One victim from Nevada explained to us, this is an extremely excruciating and violating experience, and clearly the most difficult obstacle I have ever dealt with.

Supreme Court restricts ID theft victims rights to sue. (Link to decision in TRW vs. Andrews, decided unfavorably by the Court 13 Nov 2001) Fair Credit Reporting Act had allowed victims to sue within two years of discovery of identity theft or error. TRW victory now limits consumer redress to within two years of the date of the error by the credit bureau, even though the Federal Trade Commission has recently documented (in a report and charts) that at least 20% of victims do not even discover the identity theft for two years. See PIRG's latest identity theft report Nowhere To Turn, April 2000. On positive side, numerous bills have been introduced in Congress to overturn decision. The Senate Judiciary Committee has approved S. 1742 (Cantwell (D-WA), which extends the statute of limitations, but only for id theft victims, not victims of mistakes, to 5 years. Brief Amici Curiae (Friend of the Court) of US PIRG, National Association Of Consumer Advocates, National Consumer Law Center, Privacy Rights Clearinghouse, AARP and Consumer Federation Of America in support of identity theft victim Adelaide Andrews. TRW won even though the Federal Trade Commission has recently documented (in a report and charts) that at least 20% of victims do not even discover the identity theft for two years. Posted 1 June 01
 
 
 

 
 

Identity Theft

  
 


 

Federal Trade Commission: Identity Theft Costs Billions

WASHINGTON — More than 27 million people have been victims of identity theft in the last five years, costing them $5 billion and businesses and financial institutions almost $48 billion, the Federal Trade Commission said Wednesday.

The FTC released a survey showing that in the last year alone, 9.9 million people were victims of identity theft.

"For several years we have been seeing anecdotal evidence that identity theft is a significant problem that is on the rise," said Howard Beales, director of consumer protection for the FTC. "Now we know. It is affecting millions of consumers and costing billions of dollars."

The figures were extrapolated from a random survey of 4,057 adults, the agency said.

Identity theft occurs when someone gets identifying information on another -- credit card numbers and checking account information, for example -- and uses it to make purchases or otherwise pretend to be someone else.

In 2002, the FTC received 161,819 complaints about identity theft -- double the year before -- but agency officials acknowledge many people don't report the crime.

Indeed, the Justice Department estimated that as many as 700,000 Americans are victimized annually, costing each more than $1,000 to right the damage to their accounts and reputations.

Credit card fraud was the most common form of identity theft last year, accounting for 42 percent of the complaints to the FTC. Second at 22 percent was phone or utility fraud, followed by bank fraud at 17 percent.

Privacy advocates advise consumers to protect themselves from identity theft by checking their credit reports twice a year, shredding personal documents before throwing them away and cleansing wallets of old receipts and printed Social Security numbers.

In 2001, the FTC introduced a Web site and toll-free phone number for identity theft victims.

Welcome to the U.S. government's central website for information about identity theft.

This site is maintained by the Federal Trade Commission. Please continue to visit this site often and share the information with your family, friends and colleagues. More information will be added to the site regularly, including government reports and Congressional testimony, law enforcement updates, and links to other sites with helpful information about identity theft.

How can someone steal your identity? By co-opting your name, Social Security number, credit card number, or some other piece of your personal information for their own use. In short, identity theft occurs when someone appropriates your personal information without your knowledge to commit fraud or theft.

Here are some ways that identity thieves work:

They open a new credit card account, using your name, date of birth, and Social Security number. When they use the credit card and don’t pay the bills, the delinquent account is reported on your credit report.

 
They call your credit card issuer and, pretending to be you, change the mailing address on your credit card account. Then, your imposter runs up charges on your account. Because your bills are being sent to the new address, you may not immediately realize there's a problem.
 
 
 
They establish cellular phone service in your name.
 
They open a bank account in your name and write bad checks on that account.

 
 Identity Theft Video News Release [length: 2 mins, 30 sec]
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CONSUMER ALERT!

Fraudulent Email Seeks to Capture Consumer Information

Thousands of consumers apparently received an unauthorized and deceptive email from Best Buy, entitled “Fraud Alert,” on June 18, 2003. Using concern about a purchase from Best Buy and possible credit card misuse as bait, the fraudulent email message urged recipients to go to a special Web site and correct the problem by entering their Social Security and credit card numbers.

Best Buy officials say the company did not send the message. The company is working with appropriate law enforcement authorities, including the Federal Trade Commission, the nation’s consumer protection agency, to resolve the situation. In addition, the company is reporting that none of their systems have been compromised, and their online business is secure.

FTC officials caution that consumers who replied to the fraudulent email by providing any credit card or bank account information should contact their credit card company and/or bank immediately and cancel those accounts. Consumers who provided their social security number should contact one of the three national consumer reporting agencies, ask to place a fraud alert on their account and obtain a copy of their consumer report. Contact information is available at www.consumer.gov/idtheft or by calling the FTC’s Identity Theft Helpline, 1-877-ID-THEFT.

How can you tell if a “Fraud Alert” from a company is itself a fraud? FTC investigators say one way is to check with the company before you respond to any Web site that asks you to enter personal identifying information. Another is to check for misspellings and grammatical errors. Silly mistakes and sloppy copy – for example, an area code that doesn’t match an address – often are giveaways that the site is a scam.

If you have questions about the Best Buy incident, call Best Buy Customer Care at 1-888-BEST-BUY or visit http://onlinepressroom.net/bestbuy. For more information about spam, visit the FTC’s website at www.ftc.gov/spam.

Consumer Credit File Privacy
Many consumers nationwide recently received the following e-mail:

"Just wanted to let everyone know who hasn't already heard, the four major credit bureaus in the U.S. will be allowed, starting July 1, to release your credit info, mailing addresses, phone numbers... to anyone who requests it. If you would like to "opt out" of this release of info., you can call 1-888-567-8688. It only takes a couple of minutes to do, and you can take care of anyone else in the household while making only one call, you'll just need their social security number."

The Federal Trade Commission wants you to know that this e-mail is full of half-truths and misinformation.

Consumer Credit File Privacy: The Real Deal  [TEXT]  [PDF]

Internet Account Updates
If you receive an e-mail request that appears to be from your Internet Service Provider (ISP) stating that your "account information needs to be updated" or that "the credit card you signed up with is invalid or expired and the information needs to be reentered to keep your account active," do not respond without checking with your ISP first. According to information received by the FTC, THIS MAY BE A SCAM.

ID Theft: When Bad Things Happen To Your Good Name  [TEXT]  [PDF]

Robo de Identidad: Algo malo puede pasarle a su buen nombre
ID Theft: When Bad Things Happen To Your Good Name
[TEXT]  [PDF]

Robo De Identidad: ¿De qué se Trata?
ID Theft: What's It All About?
[TEXT]  [PDF]
 


How lenders help identity thieves steal from you
 

Following the identity-safeguarding rules isn't much help. The problem? Banks, credit-card issuers and other lenders make theft easy and prosecution difficult.

By Liz Pulliam Weston

Most articles about identity theft tell consumers to protect their Social Security numbers, use shredders for discarded financial documents and get a locking mailbox.

That’s a bit like advising people to use an umbrella to protect themselves against an avalanche.

Identity theft is now America’s leading consumer complaint, according to the Federal Trade Commission, with an estimated 700,000 to 1 million new victims each year. The thefts range from opportunistic one-time events to huge, organized crime rings racking up millions of dollars in fraudulent charges each year.


Although consumers can take some steps to deter thieves, they’re pretty much helpless against many of the ways their financial information can be stolen, such as:

The bank employee who steals personal data and sells it to crime rings
The restaurant server who uses a handheld device to copy information from a credit card’s magnetic strip
The dumpster diver who rummages through sensitive financial information tossed out by businesses that don’t bother to use a shredder
The hacker who breaks into poorly secured shopping or financial Web sites
More important, these bad guys wouldn’t be in the business of stealing identities if it weren’t ridiculously easy to get phony credit.

What’s really fueling identity theft is lenders’ stunningly careless credit-granting procedures. Thieves couldn’t take over consumers’ credit accounts, or get new credit in a victim’s name, without plenty of help from banks, credit-card issuers and other lenders.

“Companies are so eager to grant credit,” said Linda Foley, executive director of the Identity Theft Resource Center (see link at left), “that they will grant it to almost anyone for any reason.”

Some of the most common lending practices include...

  • Granting credit with incomplete and inaccurate identifying information
  • Ignoring fraud alerts on consumers’ credit reports
  • Sending out unsolicited applications and “convenience” checks
  • Continuing to report inaccurate information to credit bureaus
  • Ignoring and thwarting law-enforcement attempts to investigate ID theft

“The industry is highly competitive, and credit issuers are still making more money signing up new customers than they are losing from fraudulent accounts,” said Beth Givens, executive director of the Privacy Rights Clearinghouse (see link at left.) “Of course, victims of identity theft are the collateral damage of this diabolical business model.”

The typical identity-theft victim, according to the clearinghouse, spends about 175 hours trying to clear up his or her credit report. Even consumers who aren’t victims pay in the form of higher interest rates and fees, thanks to rising fraud.

Here’s just a sample of how lenders aid and abet the bad guys:


Sloppy credit-granting practices

You would think that thieves would need more than one or two pieces of identifying information to steal your credit. You’d be wrong.

Lenders regularly open accounts without correct names, addresses or picture ID, identity-theft experts say.

“The Social Security number might be right but the name is slightly wrong and the address is wrong,” said Steve Blackledge, legislative director for the California Public Interest Research Group, known as CalPIRG (see link at left), which issued a report about law-enforcement response to identity theft. “Most of this (credit granting) is computerized, and the computers aren’t catching it.”

The thief who stole Tom Richard’s identity got Sears to issue two MasterCards -- and to send them to a different address than the one listed on Richard’s credit report.

Richard, a Huntington Beach, Calif., resident, said Sears told him the application was taken over the phone and that enough information on the application matched his credit report for the company to issue the card. Sears sent a letter to Richard’s correct address advising him the card had been issued, which allowed him to call and report the fraud. But he was amazed that the company had granted the credit in the first place.

“I know that it is impossible to stop fraud,” he said, “but under these circumstances, shouldn’t Sears require the perpetrator to present in-person positive identification ... if they cannot verify the mailing address?”
 

Ignoring fraud alerts

Consumers have the right to ask credit bureaus to put fraud or security alerts on their credit reports. These alerts signal lenders that the consumer wants to be contacted by phone before credit is granted. Typically, they’re placed by consumers who have already been the victims of identity theft.

Incredibly enough, lenders frequently ignore these alerts.

“Lenders say it’s too expensive for them to verify every credit application” by phoning the consumer, Foley said. And there’s no law requiring them to observe that fraud alert.”

Attempts to create such laws so far have been defeated by business lobbies, Foley said.

“Car-dealership associations have fought it the hardest,” she said. “They don’t want to let you get off that lot (while they verify an application).”

Unsolicited credit-card offers and “convenience” checks


You can add your name to the credit bureaus’ “opt out” list, which removes you from the mailing lists the bureaus sell to credit card issuers. (The number to use is 888 5-OPT OUT or 1-888-567-8688.)

But as anyone who has signed up with the service can attest, the credit-card solicitations keep coming, since not all lenders subscribe to the opt-out service. By ignoring consumers’ expressed wishes, these credit-card issuers give thieves a relatively easy way to set up a bogus account.

It’s even harder to convince your current credit-card issuers to stop sending those “convenience checks” -- which can be far more dangerous than a credit-card application. All the thief has to do is fill out the check and sign it to have instant access to cash.

Continuing to report disputed accounts

This is one of the reasons that cleaning up identity theft takes so long. A victim reports identity theft to a merchant or lender, who promises to remove the fraudulent charges or account from the consumer’s credit report. A few months later, however, the bogus charges surface again.

“It’s a bookkeeping or recordkeeping issue,” Foley said. “You think you have it cleared up, but it’s not properly noted in the file, so it’s reported again or sent to collections.”

Financial planner Eileen Freiburger said she’s spent nearly three years getting fraudulent accounts taken off of her credit report, but they keep reappearing. Her recent mortgage refinancing nearly was derailed by an old, fraudulent charge for $4,000 that she thought had been deleted from her report.

Lenders and merchants “just don’t want to clear it up,” Freiburger said. “The ball gets dropped.”

Refusing to cooperate with police

Law-enforcement agents say that one of the biggest frustrations they face in investigating ID theft, besides a lack of resources, is lender stonewalling.

Investigators interviewed by CalPIRG said they regularly encountered lenders who failed to return police calls, refused to provide copies of credit applications and even ignored some search warrants.

Companies don’t have to honor search warrants issued by out-of-state courts, Blackledge said, and many don’t.

Of course, some companies, stung by fraud losses too large to ignore, have taken steps to curb the trend. They’re requiring more identification, honoring fraud alerts and refusing to send goods or credit cards to addresses other than the ones listed on applicants’ credit reports. Some employ sophisticated software that analyzes applications for possible fraud.

But many companies still are refusing to change their procedures, and so identity theft continues to grow at an exponential pace.

“Unless some major changes are made in the way ... credit issuers verify applications and grant credit,” Foley warned, “then we may very well all become victims of identity theft in our lifetime. It’s more of a reality now than a threat.”

 
 
14 ways to stop identity theft cold
 

The reformed thief who wrote 'Catch Me If You Can' offers insights into the prevention of a crime that’s easier to commit than you would think. One tip: Don’t think it can’t happen to you.

By Bankrate.com

Identity theft again tops the list of consumer complaints, according to a new report from the Federal Trade Commission. Frank W. Abagnale, a reformed thief, is a respected authority on identity theft and other forms of fraud. His book, "Catch Me If You Can," which details his criminal escapades, is the latest Steven Spielberg movie and stars Leonardo DiCaprio as Abagnale. Frank Abagnale wrote this commentary for Bankrate.com.

Identity theft is one of those things you're probably not very concerned about if it hasn't happened to you. But, in my career, I don't know of any crime that's easier -- and easier to get away with -- than identity theft.


In 2001, there were approximately 500,000 identity theft victims; that's people who actually filed a police report. It cost banks and credit-card companies about $5 billion because they ultimately pick up the tab.

But the consumer doesn't get away scot-free. The average victims will spend $1,374 and 175 hours cleaning up their credit reports. That's a great deal of time and money out of their own pockets.

It's so simple to assume someone's identity today. If you go to the grocery store and write a check for $52, the check has your full name and address, and maybe your phone number. It also has the full name and address of the bank where the check is drawn, as well as your account number. Maybe the clerk asks for your driver's license number, which in 19 states is your Social Security number.

So, they write your Social Security number on the face of the check, then they ask for a date of birth and a work phone number. Now they can call and find out where you're employed.

Hundreds of eyes

Hundreds of people can see this check: people at the grocery store and the check-clearing house. Then it goes back to the payee bank, and if you don't get your checks in your statement, it goes to a company that shreds them. (We hope they get shredded and don't make copies.) So much information on just that little piece of paper, and that's just one way.

ID theft started years ago with, "If I can get enough information, I can apply for a Visa. I'll use the card for two weeks and throw it away." But now it's, "If I can get enough information, I can get a cell phone, I can get a car, a mortgage, I can go to work for a company under contract labor and have somebody else pay the taxes."

Criminals realize it's the simplest scam in the world. No one has to see your face or know who you are.

Only amateurs hack into computers; pros hack into people. If I want a database in a bank, I'm not going to break into their database when all I have to do is sit in front of a bank where people are smoking, walk up to someone and ask where they work in the bank. Then I say, "How would you like to make a lot of money? Give me this information off the screen and I'll give you $5,000."

If you did that to 10 people 25 years ago, two would say yes and eight would report you. People had more ethics and character then. Now, if I can do it and get away with it, it's OK. It's a lot easier to approach someone and get the information than break into the database.

Consumers have to be much smarter.

Guard that Social Security number

The biggest thing is to guard your Social Security number and monitor your credit report. Monitoring your credit is the only way you can keep yourself from being a victim.

A monitoring service, such as Privacy Guard, will notify you whenever someone applies for credit in your name or checks your credit history. You can then be proactive; call the person and ask, "Why are you checking my credit?" It might be a landlord or employer; it might be legitimate.

People should also have a shredder at home. Shred account documents before tossing them in the garbage. Also, be careful about putting mail in the box in front of your home. It's best to mail bills and other financial information at a post office mailbox.

We live in a time when if you make it easy to steal from you, chances are someone will.

14 tips


Identity thieves rob more than 500,000 Americans every year. These steps will help you reduce your risk of identity theft.

1. Guard your Social Security number. It is the key to your credit report and banking accounts and is the prime target of criminals.

2. Monitor your credit report. It contains your Social Security number, present and prior employers, a listing of all account numbers, including those that have been closed, and your overall credit score. After applying for a loan, credit card, rental or anything else that requires a credit report, request that your Social Security number on the application be truncated or completely obliterated and your original credit report be shredded before your eyes or returned to you once a decision has been made. A lender or rental manager needs to retain only your name and credit score to justify a decision.

3. Shred all old bank and credit statements, as well as "junk mail" credit-card offers, before trashing them. Use a crosscut shredder. Crosscut shredders cost more than regular shredders but are superior.

4. Remove your name from the marketing lists of the three credit-reporting bureaus. This reduces the number of pre-approved credit offers you receive.

5. Add your name to the name-deletion lists of the Direct Marketing Association's Mail Preference Service and Telephone Preference Service used by banks and other marketers.

6. Do not carry extra credit cards or other important identity documents except when needed.

7. Place the contents of your wallet on a photocopy machine. Copy both sides of your license and credit cards so you have all the account numbers, expiration dates and phone numbers if your wallet or purse is stolen.

8. Do not mail bill payments and checks from home. They can be stolen from your mailbox and washed clean in chemicals. Take them to the post office.

9. Do not print your Social Security number on your checks.

10. Order your Social Security Earnings and Benefits statement once a year to check for fraud.

11. Examine the charges on your credit-card statements before paying them.

12. Cancel unused credit-card accounts.

13. Never give your credit-card number or personal information over the phone unless you have initiated the call and trust that business.

14. Subscribe to a credit-report monitoring service that will notify you whenever someone applies for credit in your name.

 
 


Legal


 What are my RIGHTS with debt and debt collectors?

Can I control all the charges and choose which items are to be included in DEBT RELIEF?

Yes. You select which items to either Validate Debt, Debt Reduction or Interest Rate Relief. You have total control. You can opt-in or opt-out of any item at any time. Please review the demo on our web site for further details.

Is DEBT RELIEF a negotiation between MyPerfectCredit and my creditors?

Our DEBT RELIEF service has three sections, all of which you completely control. We are NOT negotiating on your behalf, nor are we in the middle of your negotiations. We simply provide an inexpensive system to help address your debt relief needs.

VALIDATE DEBT is an easy way for you to have your creditor send you a notice with all pertinent information concerning a debt.

DEBT REDUCTION is a type of offer and compromise with your creditors designed to help you reduce either the principle amount owed and/or number of months to pay off remaining to pay off your creditor.

INTEREST RATE RELIEF is a type of offer and compromise with your creditors designed to help reduce your monthly payment burden for a set period of time.

All correspondence from your creditors will be delivered directly to your house. Your creditor may deny, accept, counter offer, provide no response or anything in between. You completely control these services by activating and deactivating them any time you wish.

The F.T.C. reports on Fair Debt Collection includes the following:

If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.

This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.

What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.

For example, debt collectors may not:

 

  • use threats of violence or harm;
     
  • publish a list of consumers who refuse to pay their debts (except to a credit bureau);
     
  • use obscene or profane language; or
     
  • repeatedly use the telephone to annoy someone.

    False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:

     
  • falsely imply that they are attorneys or government representatives;
     
  • falsely imply that you have committed a crime;
     
  • falsely represent that they operate or work for a credit bureau;
     
  • misrepresent the amount of your debt;
     
  • indicate that papers being sent to you are legal forms when they are not; or
     
  • indicate that papers being sent to you are not legal forms when they are.

    Debt collectors also may not state that:

     
  • you will be arrested if you do not pay your debt;
     
  • they will seize, garnish, attach, or sell your property or wages, unless the collection    agency or creditor intends to do so, and it is legal to do so; or
     
  • actions, such as a lawsuit, will be taken against you, when such action legally may    not be taken, or when they do not intend to take such action.

    Debt collectors may not:

     
  • give false credit information about you to anyone, including a credit bureau;
     
  • send you anything that looks like an official document from a court or government    agency when it is not; or
     
  • use a false name.

    Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

     
  • collect any amount greater than your debt, unless your state law permits such a    charge;
     
  • deposit a post-dated check prematurely;
     
  • use deception to make you accept collect calls or pay for telegrams;
     
  • take or threaten to take your property unless this can be done legally; or
     
  • contact you by postcard.

    What control do you have over payment of debts?
    If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.

     

    What can you do if you believe a debt collector violated the law?
    You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney's fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less.

    Where can you report a debt collector for an alleged violation?
    Report any problems you have with a debt collector to your state Attorney General's office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General's office can help you determine your rights.

     

    What are my RIGHTS with my credit and credit reports?

    Can I control all the charges and choose which items are to be included in CORRECT CORRECTIONS?

    Yes. You can allow our automated system to perform the work for you or you can take total control. You can opt-in or opt-out of any item in dispute at any time. Please review the demo on our web site for further details.

    What is the Fair Credit Reporting Act (F.C.R.A.)?

    The Fair Credit Reporting Act is designed to promote accuracy, fairness and privacy of your information as reported by the credit reporting bureaus.

    Under the F.C.R.A., do I have the benefit of the doubt?

    Unfortunately, unless you challenge the credit reporting bureaus, you don’t. Credit reporting agencies do not provide citizens with a second chance. In a low point in your life, an economic recession, an emergency in your life, etc. negative credit builds at an alarming rate. Yet when things improve, you cannot participate because you are punished for many years beyond what is reasonable. Such as 15 years for a tax lien, 10 years for a Bankruptcy, collection agencies that report under different names and leave the negative info for up to 20 year.

    Therefore, the F.C.R.A. was written to give you, the consumer, the benefit of the doubt. If there is negative information that is on your credit report that is inaccurate, outdated or unverifiable, then it must be removed and once removed, it must be permanently removed.

    You must challenge the credit bureaus. Sitting idly by does not evoke the F.C.R.A. benefit of the doubt in your favor. Let MyPerfectCredit do all the work for you, or you take total control.

    What are my rights under the F.C.R.A.?

    You have a number of rights under the F.C.R.A., such as that you must be told if information in your file has been used against you, you have a right to find out what is in your file, you can dispute inaccurate information with the bureaus and/or the source, and inaccurate information must be corrected or deleted. In addition, outdated information may not be reported, access to your file must be limited, your consent is required before your reports can be provided to employers or if the reports contain medical information, you can choose have your name excluded from credit bureau lists for unsolicited credit and insurance offers, and you may seek damages from violators.

    Can I view the F.C.R.A.?

    Absolutely. Click here: http://www.ftc.gov/os/statutes/fcra.pdf You will need Adobe Acrobat PDF reader.

     

    What are my RIGHTS against Identity Theft?

    Can I control all the charges and choose which items are to be included in IDENTITY SHIELD?

    Yes. You have total control. You select which items are not yours and further which items you suspect identity theft. You can opt-in or opt-out of any item at any time. Please review the demo on our web site for further details.

    Is IDENTITY SHIELD a guaranteed protection against identity theft?

    No, IDENTITY SHIELD is a proactive service that, once ID theft has been discovered, takes steps that you specify in order to reverse the damage to your credit reports and report to the legal authorities.

    The following information is contained in Identity Theft: What to Do if It Happens to You… A Joint Publication of the Privacy Rights Clearinghouse and CALPIRG

    This guide provides victims of identity theft with the major resources to contact. Unfortunately, at this time victims themselves are burdened with resolving the problem. You must act quickly and assertively to minimize the damage.

    In dealing with the authorities and financial institutions, keep a log of all conversations, including dates, names, and phone numbers. Note time spent and any expenses incurred, in case you are able to request restitution in a later judgement or conviction against the thief. Confirm conversations in writing. Send correspondence by certified mail, return receipt requested. Keep copies of all letters and documents.

    1. Credit bureaus. Immediately call the fraud units of the three credit reporting companies -- Experian (formerly TRW), Equifax and Trans Union. Report the theft of your credit cards or numbers and request a credit report (free to identity theft victims). Ask that your file be flagged with a fraud alert. Add a victim's statement to your report. ("My ID has been used to apply for credit fraudulently. Contact me at [your phone number] to verify all applications.") Fraud alerts are usually placed for 60 or 90 days. You will want to extend the time period to seven years. Do so in writing. You may cancel fraud alerts at any time.

    Be aware that these measures may not entirely stop new fraudulent accounts from being opened by the imposter. Request a free copy of your credit report every few months so you can monitor any new fraudulent activity.

    Ask the credit bureaus for names and phone numbers of credit grantors with whom fraudulent accounts have been opened. Ask the credit bureaus to remove inquiries that have been generated due to the fraudulent access. You may also ask the credit bureaus to notify those who have received your credit report in the last six months in order to alert them to the disputed and erroneous information (two years for employers). When you provide your police report to the credit bureaus, they must remove the fraudulent accounts from your credit report (Calif. Civil Code 1785.16(k). (See #3 below.)

    2. Creditors. Contact all creditors immediately with whom your name has been used fraudulently, by phone and in writing. You may be asked to fill out fraud affidavits. (No law requires these to be notarized at your own expense.) The Federal Trade Commission provides a uniform affidavit form that most creditors accept. (Web: http://www.consumer.gov/idtheft/affidavit.htm). Get replacement cards with new account numbers for your own accounts that have been used fraudulently. Ask that old accounts be processed as "account closed at consumer's request" (better than "card lost or stolen" because it can be interpreted as blaming you.) Ask the credit grantors to furnish you copies of the documentation showing the fraudulent transactions. In California, they are required by law to give you these copies (California Penal Code 530.8). Monitor your mail and bills for evidence of new fraudulent activity. Report it immediately to creditor grantors.

    3. Law enforcement. Report the crime to your local police or sheriff's department. You might also need to report it to police departments where the crime occurred. Give them as much documented evidence as possible. Make sure the police report lists the fraud accounts. Get a copy of the report. Keep the phone number of your investigator handy and give it to creditors and others who require verification of your case. Credit card companies and banks may require you to show the report in order to verify the crime. It is a violation of federal law (18 USC 1028) and the laws of many states (such as Calif. Penal Code 530.5) to assume someone's identity for fraudulent purposes. Some police departments don't write reports on such crimes, so be persistent! Also report to the FTC (see end).

    4. Stolen checks. If you have had checks stolen or bank accounts set up fraudulently, report it to the appropriate check verification companies (see end). Put stop payments on any outstanding checks that you are unsure of. Cancel your checking and savings accounts and obtain new account numbers. Give the bank a secret password for your account (not mother's maiden name). If your own checks are rejected at stores where you shop, contact the check verification company that the merchant uses.

    5. ATM cards. If your ATM or debit card has been stolen or compromised, report it immediately. Get a new card, account number and password. Do not use your old password. When creating a password, don't use common numbers like the last four digits of your SSN or your birthdate. Monitor your account statement. You may be liable if fraud is not reported quickly.

    6. Fraudulent change of address. Notify the local Postal Inspector if you suspect an identity thief has filed a change of your address with the post office or has used the mail to commit fraud. (Call the U.S. Post Office to obtain the phone number, (800) 275-8777.) Find out where fraudulent credit cards were sent. Notify the local Postmaster for that address to forward all mail in your name to your own address. You may also need to talk with the mail carrier. (Web: http://www.usps.gov/websites/depart/inspect)

    7. Secret Service jurisdiction. The Secret Service has jurisdiction over financial fraud, but, based on U.S. Attorney guidelines, it usually does not investigate individual cases unless the dollar amount is high or you are one of many victims of a fraud ring. To interest the Secret Service in your case, you may want to ask the fraud department of the credit card companies and/or banks, as well as the police investigator, to notify the Secret Service agent they work with. (Web: http://www.treas.gov/usss)

    8. Social Security Number (SSN) misuse. Call Social Security Administration to report fraudulent use of your SSN. As a last resort, you might want to try to change your number, although we don't recommend it except for the most serious cases. The SSA will only change the number if you fit their fraud victim criteria. Also order a copy of your Personal Earnings and Benefits Statement and check it for accuracy. The thief might be using your SSN for employment purposes. (Web: http://www.ssa.gov)

    9. Passports. Whether you have a passport or not, write the passport office to alert them to anyone ordering a passport fraudulently. (Web: travel.state.gov/passport_services.htm)

    10. Phone service. Provide a password, which must be used any time your local and long distance accounts are changed. In California, SBC/Pacific Bell's fraud hotline: (877) 202-4558. If your long distance calling card has been stolen or there are fraudulent charges, cancel it and open a new account.

    11. Driver's license number misuse. You may need to change your driver's license number if someone is using yours as ID on bad checks or for other types of fraud. Call the state office of the Department of Motor Vehicles (DMV) to see if another license was issued in your name. Put a fraud alert on your license. Go to your local DMV to request a new number. Fill out the DMV's complaint form to begin the investigation process. Send supporting documents with the completed form to the nearest DMV investigation office. Web: (Calif. DMV) http://www.dmv.ca.gov/consumer/fraud.htm. Calif. DMV fraud unit, (866) 658-5758. E-mail: dlfraud@dmv.ca.gov. Other states: http://www.aamva.org/hotlinks.html.

    12. Victim statements. If the imposter is apprehended by law enforcement and stands trial, write a victim impact letter to the judge handling the case. Contact the victim-witness assistance program in your area for further information on how to make your voice heard in the legal proceedings.

    13. False civil and criminal judgments. Sometimes victims of identity theft are wrongfully accused of crimes committed by the imposter. If a civil judgment is entered in your name for your imposter's actions, contact the court where the judgment was entered and report that you are a victim of identity theft. If you are wrongfully arrested or prosecuted for criminal charges, contact the police department and the court in the jurisdiction of the arrest. Also contact the state Department of Justice and the FBI. Ask how to clear your name. See PRC Fact Sheet 17g for more information, http://www.privacyrights.org/fs/fs17g-CrimIdTheft.htm.

    14. Legal help. You may want to consult an attorney to determine legal action to take against creditors and/or credit bureaus if they are not cooperative in removing fraudulent entries from your credit report or if negligence is a factor. Call the local Bar Association or Legal Aid office to find an attorney who specializes in consumer law, the Fair Credit Reporting Act and the Fair Credit Billing Act.

    15. Dealing with emotional stress. Psychological counseling may help you deal with the stress and anxiety commonly experienced by victims. Know that you are not alone. Contact the Identity Theft Resource Center for information on how to network with other victims. Web: http://www.idtheftcenter.org.

    16. Making change. Write to your state and federal legislators. Demand stronger privacy protection and prevention efforts by creditors and credit bureaus.

    17. Don't give in. Do not pay any bill or portion of a bill that is a result of fraud. Do not cover any checks that were written or cashed fraudulently. Do not file for bankruptcy. Your credit rating should not be permanently affected. No legal action should be taken against you. If any merchant, financial company or collection agency suggests otherwise, restate your willingness to cooperate, but don't allow yourself to be coerced into paying fraudulent bills. Report such attempts to government regulators immediately.

     

    Other Legal

    Where can I see my contract with the Terms and Conditions for membership?

    Please log in to your account and click on “Terms”. There will be the time and date stamped terms and conditions for membership you signed electronically when you joined MyPerfectCredit.

    Your right to cancel.

    You have the right to cancel within five days of signing up for membership; you will not incur fees of any kind. After that, you may cancel at any time with no penalty or cancellation fee. You must follow the steps in the support section of your login home area to properly cancel. You are still responsible to pay for any fees for service on your account up to the point of your cancellation.

    Can I perform the services that MyPerfectCredit provides by myself?

    Absolutely. In this legal section, you will find the address of all credit bureaus, all relevant federal government agencies necessary for you to do all the work yourself. If you send an e-mail to support@myperfectcredit.com and request further information for self-service, we will be more than happy to provide you with detailed information for free.

    Resources

    Credit reporting bureaus

    Equifax: P.O. Box 105069, Atlanta, GA 30348.
    Report fraud: Call (800) 525-6285 and write to address above.
    Order credit report: (800) 685-1111. Web: http://www.equifax.com

    Experian (formerly TRW): P.O. Box 9532, Allen, TX 75013.
    Report fraud: Call (888) EXPERIAN (888-397-3742) and write to address above.
    Fax: (800) 301-7196.
    Order credit report: (888) EXPERIAN. Web: http://www.experian.com

    Trans Union: P.O. Box 6790, Fullerton, CA 92834.
    Report fraud: (800) 680-7289 and write to address above.
    Order credit report: (800) 888-4213. Web: http://www.transunion.com

    To opt out of pre-approved offers of credit for all three bureaus, call (888) 5OPTOUT. You may choose a two-year opt-out period or permanent opt-out status.

    Remember, you are entitled to a free credit report if you are a victim of identity theft, if you have been denied credit, if you receive welfare benefits, or if you are unemployed.

    Social Security Administration
    Order Earnings & Benefits Statement: (800) 772-1213.
    Report fraud: (800) 269-0271.
    E-mail: oig.hotline@ssa.gov Web: http://www.ssa.gov
    Or write to: Social Security Administration, Office of the Inspector General, P.O. Box 17768,
    Baltimore, MD 21235.

    To remove your name from mail and phone lists
    Direct Marketing Association
     

  • Mail Preference Service, P.O. Box 9008, Farmingdale, NY 11735.
     
  • Telephone Preference Service, P.O. Box 9014, Farmingdale, NY 11735.
       (Web: http://www.the-dma.org. Online opt-out program costs $5.00. It is free by mail.)

    To report fraudulent use of your checks
    CheckRite: (800) 766-2748 International Check Services: (800) 526-5380
    Chexsystems: (800) 428-9623 SCAN: (800) 262-7771
    CrossCheck: (800) 843-0760 TeleCheck: (800) 710-9898
    Certigy/Equifax: (800) 437-5120

    Other useful resources

     
  • Federal Trade Commission (FTC). The FTC offers help to victims. File your case with the FTC    Consumer Response Center. Use its uniform affidavit form.
       (877) IDTHEFT Web: http://www.consumer.gov/idtheft

     
  • Privacy Rights Clearinghouse (PRC), 3100 - 5th Ave., Suite B, San Diego, CA 92103.
       Phone: (619) 298-3396. E-mail: prc@privacyrights.org. Web:   http://www.privacyrights.org.

     
  • CALPIRG, 3435 Wilshire Blvd., Suite 380, Los Angeles, CA 90010. (213) 251-3680
       or    (916) 448-4516. E-mail: calpirg@pirg.org. Web: http://www.calpirg.org.

     
  • Identity Theft Resource Center. Lists local victim support groups on its web site.
       Web: http://www.idtheftcenter.org. E-mail: voices123@att.net.

     
  • California Office of Privacy Protection, (Dept. of Consumer Affairs), (800) 952-5210.
       Web: http://www.privacyprotection.ca.gov.

     
  • FBI Internet Fraud Complaint Center, Web: http://www.ifccfbi.gov

     
  • U.S. Dept. Of Justice, identity theft information.
       Web:   http://www.usdoj.gov/criminal/fraud/idtheft.htm

     
  • Identity Theft Survival Kit. Phone: (800) 725-0807. Web: http://www.identitytheft.org.
       This guide is a project of CALPIRG and the Privacy Rights Clearinghouse, nonprofit   consumer    advocacy organizations.
    		•  

     

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