SOUTHFIELD – According to a survey conducted for the Federal Trade Commission last year, an estimated 3.25 million Americans discovered that their personal information had been misused to open new credit accounts, take out new loans, or engage in other types of fraud ? the definition of Identity Theft.
The Identity Theft Center IDTheftCenter.Org has estimated that a typical victim of this crime spends an average of 600 hours, and more than a year, clearing his or her good name.
The FTC survey identified how identity theft occurs, and what is staggering ? is the NON-TECHNICAL methodology for most of the crimes. Top survey results include ? an employee of the company storing your information; a bribe to an employee of the company storing your information; dumpster diving; and stealing your mail (not e-mail, U.S. Postal Service mail); and stealing personal information from your home ( a phenomena with handymen and repairmen).
As of March 1, the Identity Theft Protection Act provides new protections for Michigan citizens. A very broad category of Personal Identifying Information under the Act includes: a name, number, or other information that is used for the purpose of, identifying a specific person or providing access to a person?s financial accounts, including but not limited to, a person?s name, address, telephone number, driver licenses, social security number, place of employment, employees? identification number, employer or Taxpayer identification number, government passport number, health insurance identification number, mother?s maiden name, demand deposit number, savings account number, financial transaction device account number or person? password, stock or certificate or account number, credit card number, vital record, or medical records or information.
Under the new Act, a person is prohibited from using or attempting to use, the personal identifying information of another to obtain credit, goods, services, money, property, a vital record, medical records or information, or employment, or any other unlawful act. It is a crime under the Act to attempt to obtain the personal identifying information of another with intent to commit a crime, or to sell such information to someone else who will use it for those purposes.
Does the new Act mean Michigan citizens can relax a little bit about this crime? In a word ? no. This crime requires each individual to make regular inquiries into their credit and banking reports. You must be proactive by reviewing your finances regularly.
In the event you find irregularities, you must react immediately. Call your bank and your credit cards to understand the scope of the new charges and communicate immediately your suspicions. The Federal Trade Commission and The Identity Theft Resource Center have informative websites that will guide you through the process.
File a police report. The FTC also has an ID Theft reporting site on the web. This is very important, since under the new Act a consumer is presumed to be a victim of Identity Theft for the purposes of the Act if he/she provides both: a police report, and a completed affidavit of identity theft (the FTC has a standard form).
Contacting the credit bureaus (Equifax, Experian, Trans Union) is very important, and you will find they have dedicated fraud reporting departments that will be able to assist you. Also, check with your post office to see if there has been an unauthorized change of address request. Sometimes credit card applications are stolen right out of your mailbox, completed with information from your stolen mail, and then a change of address is made to ?catch? the new credit card.
Finally, always make a paper trail of your work. After every call, write back to the person you spoke to even if all you are doing is repeating the context of the communication (and thanking them for their assistance). And note that not all agencies will be sympathetic. The Identify Theft Center noted that victims reported regularly about a lack of responsiveness from their banks and even the police. Keep a file and be diligent with your efforts. It is your good name you are working to retain.
Carol A. Romej, is co-chair of Butzel Long?s Technology and E-Commerce Practice Group. You can contact her via email at [email protected]





