IDENTITY THEFT
The Florida Bar
Consumer Protection Law Committee
Speakers Bureau
What is Identity Theft?
Identity Theft is the criminal act of
taking a victim’s identity for the purpose
of:
Obtaining credit
Credit card
Stealing money from existing accounts
Obtaining Employment
Filing Bankruptcy
Leasing Automobiles
How Does Identity Theft Occur?
All that is needed is your social security number, birth date,
address, phone number, or any other information which can
be discovered.
Dumpster Diving
Skimming
Phishing
Changing Your Address
Old-Fashioned Stealing
Dumpster Diving
Thieves rummage through trash looking for bills,
or other paper with your personal information on
it!
Skimming
Thieves steal credit/debit card numbers by using a
special storage device when processing your card.
Pfishing
Thieves pretend to be financial institutions
and send spam or pop-up messages to get you
to reveal your personal information.
Gimme your
Social Security
Number!!!
Changing YOUR Address
Thieves divert your billing statements to another
location by completing a change of address form.
Just Plain Stealing
Thieves steal wallets and purses; mail, including bank and
credit card statements; pre-approved credit offers; and new
checks or tax information.
What They Do With Your Info
Credit Card Fraud
Phone/Utilities Fraud
Bank fraud
Government Documents Fraud
Rental
Employment
FTC Complaints
246,847
260,000
255,565
26%
Credit Card
Fraud
250,000
240,000
230,000
215,177
Complaints
220,000
210,000
200,000
190,000
2003
2004
2005
Top Florida Cities for Fraud
City
No.
Miami
2,463
Orlando
1,019
Tampa
749
Jacksonville
739
Fort Lauderdale 394
18-29 Years Old
26%
National Forms of ID Theft
Other Identity
Theft
25%
Attempted ID
Theft
6%
Credit Card
Fraud
26%
Loan Fraud
5%
Government
Documents
Fraud
9%
Phone/Utilities
Fraud
18%
EmploymentRelated Fraud
12%
Bank Fraud
17%
Specific Laws Addressing ID
Theft
Florida Law
Section 817.568, Florida Statutes
Criminal Use of Personal Identification Information
Up to 10 Years Imprisonment depending on
amount of money stolen.
Specific Laws Addressing ID
Theft (Cont’d)
Federal Laws
There are both civil and criminal federal laws addressing
ID Theft:
Identity Theft and Assumption Deterrence Act, 1998
knowingly transfers or uses, without lawful authority, a
means of identification of another person with the intent to
commit, or to aid or abet, any unlawful activity that constitutes
a violation of Federal law, or that constitutes a felony Under
any applicable State or local law.
Up to
30
years
Violations of the Act are investigated by federal investigative
agencies such as the U.S. Secret Service, the FBI, and the U.S. Postal
Inspection Service and prosecuted by the Department of Justice.
Prevention Tips
Personal Financial Matters:
Order and Review Copies of Your Financial Report from
each national reporting agency every year:
Equifax: 1-800-525-6285; www.equifax.com; P.O. Box 740241, Atlanta, GA
30374- 0241
Experian: 1-888-EXPERIAN (397-3742); www.experian.com; P.O. Box 9532,
Allen, TX 75013
TransUnion: 1-800-680-7289; www.transunion.com; Fraud Victim Assistance
Division, P.O. Box 6790, Fullerton, CA 92834-6790
Prevention Tips
Empty Your Wallet of Extra Credit Cards and ID
Shred all Financial Documents You Plan to Discard
Only Release Personal Data to Agencies who require it to Initiate Certain Actions
DMV Can Issues DLs without Your Social Security Numbers
Ensure your PIN Numbers Cannot Be Viewed by Others When Entering it into an
ATM
Shred all Financial Receipts and Never Leave Them at the Retail Location
Do Not Keep Passwords or your Social Security Number in Your Wallet
Remove Mail Promptly from Your Mailbox
Deposit Outgoing Mail in locked Post Collection Boxes
Use Caution When Supplying Your Financial Information Over the Internet
What if You Become a
Victim?
Call Your Credit Reporting Agencies: Experian, Equifax, and
TransUnion
Close Accounts and Alert Fraud Departments of Each
Company Where an Account Was Opened or Changed
Without Your Permission
File a Police Report with Your Local Authorities,
Your State Attorney General, and the Federal Trade
Commission
Examples Of Cases
In the Southern District of Florida, a woman was indicted and
pleaded guilty to federal charges involving her obtaining a
fraudulent driver's license in the name of the victim, using the
license to withdraw more than $13,000 from the victim's bank
account, and obtaining five department store credit cards in the
victim's name and charging approximately $4,000 on those cards.
In the Middle District of Florida, a defendant has been indicted on
bank fraud charges for obtaining names, addresses, and Social
Security numbers from a Web site and using those data to apply
for a series of car loans over the Internet.
Contact Information
FTC's Identity Theft Clearinghouse
1-877-IDTHEFT
Department of Highway Safety and Motor Vehicles Fraud Section
850-617-2405
Attorney General Fraud Hotline
1-866-966-7226