I believe I am the victim of identity fraud or identity theft (e.g. my social security card was lost or stolen, there is inaccurate information on my credit reports, someone else is using my personal information).  What do I do?

What is identity fraud?

According to the Identity Fraud Act, U.C..A. § 76-6-1101 through 76-6-1104 (see U.C.A. § 76-6-1102, U.C.A. § 76-6-1103 and U.C.A. § 76-6-1104), the following constitutes identity fraud:

76-6-1102. Identity fraud crime.
(1) For purposes of this part, "personal identifying information" may include:
(a) name;
(b) address;
(c) telephone number;
(d) driver's license number;
(e) Social Security number;
(f) place of employment;
(g) employee identification numbers or other personal identification numbers;
(h) mother's maiden name;
(i) electronic identification numbers;
(j) digital signatures or a private key; or
(k) any other numbers or information that can be used to access a person's financial resources or medical information in the name of another person without the
consent of that person except for numbers or information that can be prosecuted as financial transaction card offenses under Sections 76-6-506 through 76-6-506.4.
(2) A person is guilty of identity fraud when that person knowingly or intentionally:
(a) obtains personal identifying information of another person without the authorization of that person; and
(b) uses, or attempts to use, that information with fraudulent intent, including to obtain, or attempt to obtain, credit, goods, services, any other thing of value, or
medical information in the name of another person without the consent of that person.

If you are concerned that someone may have your information, but do not know if it has been used to commit a crime:

Until someone uses or attempts to use your information no crime has occurred.  Therefore, you should take appropriate steps to prevent that from occurring.  For example, you may want to contact credit reporting bureaus and put a notice on your credit report requesting creditors contact you for authorization before extending credit in your name.  Also, you may want to notify your financial institutions, including credit card issuers, of the potential identity fraud; you may want to request new account numbers.  You may want to periodically review your credit report for fraudulent accounts that may have been established in your name.

If fraudulent activity has already occurred:

1. Collect whatever information you can about the alleged crime, including the types of information used in the crime (e.g. social security number and your last name); the addresses and/or phone numbers used in the crime; how the crime occurred (false identification card at a business, via the Internet, by telephone); date(s) of the crime; description of the suspect; what credit, goods, services or other thing of value was obtained as a result of the crime. Without this information, there is little that a law enforcement agency can do.  Also, creditors will not release this information to a law enforcement agency without a subpoena or court order; however, they should share that information with you.

2. File a police report with the local law enforcement agency where the crime occurred or in which you reside (city police department or county sheriff's office). If the agency refers you to our office to file the report or tells you that they don't take those cases, you may need to respectfully request to speak with a supervisor who will take the report.  Remember, if you are the victim of identity fraud, you are the victim of a crime!

3. Notify creditors, in writing, of the fraud. They may require you to sign a fraud affidavit or provide a police case number.

4. Notify credit reporting agencies of the fraud.  You may want to review your credit report for fraudulent entries so that you may challenge them and have the entries removed from the report.

5. Cancel any accounts that suspects may have access to our change the accounts numbers.  Be certain that your financial institutions are aware that you may be a victim of identity fraud so that they may take appropriate action to prevent additional crimes from being committed.

6. Be patient!  Identity fraud crimes are generally quite complex and require extensive time and resources to solve.