Action You Should Take ASAP

• Contact your local police department
• The MD Attorney General suggests 15 Steps to Take.
• File a complaint with the Federal Trade Commission  
• If your loss if $1,000 or more, consider contacting the FBI.
• Use the  Identity Theft Model Affidavit to tell your creditors 
• To protect your privacy while using the Internet (Tips from the FTC)

It is easier than ever before to share information electronically. This includes information about your finances and credit. This also makes "identity theft " much easier.  The Federal Trade Commission (FTC) reported in 2007 that identity theft was the largest consumer complaint that year (42% of all complaints they received). In Maryland the FTC found more than 10,000 victims 2007, almost a 32% rise over 2006.

Your identity can be stolen by someone taking your name, credit card numbers, social security number or other types of information, and then using them to obtain services or credit in your name. It can ruin your credit and invade your privacy. 

One recent example of the type of misinformation circulating in Maryland is an email stating that credit bureaus may be releasing credit information under a new law taking effect on July of 2001. 

The Maryland Crime Victims' Resource Center in conjunction with the Office for Victims of Crime as well as other agencies help victims of identity theft.

The Maryland Attorney General Office provides information on protecting against identity theft.

What are My Legal Protections?
There are several laws that protect you. As of October 1999, it is illegal in Maryland to assume someone else's identity to obtain any benefit or thing of value, avoid paying a debt, or avoid being prosecuted for a crime.  If a person is found guilty of breaking this law, s/he may be fined up to $5,000 and/or face up to one year in prison.  A court can also order someone breaking the law to repay the victim any costs related to the identity theft, such as fees for clearing the victim's credit history.  Md. Ann. Code Criminal Law 8-301 

The key federal law was passed in 1998 and is called the Identity Theft and Assumption Deterrence Act 18 U.S.C. § 1028. The law gave the Federal Trade Commission the task of assisting victims of identity theft and collecting complaints for referral to credit bureaus and law enforcement. The federal Fair Credit Reporting Act  15 U.S.C. §1681 covers the appropriate use of consumer information.

How Can I find Information and Help?
There are some reliable places to start to learn about common scams, how to make a complaint and how to protect yourself. The Federal Trade Commission has a helpful video on how to protect against identity theft and ways to report it.

The U.S. government's central website on identity theft is operated by the Federal Trade Commission. The Federal Trade Commission is a federal agency that works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace. The FTC website is a place to:

• learn the details of the latest consumer frauds and how to protect yourself;
• fill out an Identity Theft Affidavit to notify your credit holders (read the introduction to the fillable PDF first); and  
• file a complaint on-line (the FTC will forward to appropriate law enforcement).

You can also call toll free 1-877-382-4357

The MD Attorney General’s Office of Consumer Affairs offers 15 immediate steps to take to minimizes the damage to your credit.   

The Federal Trade Commission (FTC) has created a universal form that will be used to alert stores and other retailers if your identity has been stolen.

Privacy Rights Clearinghouse offers a number of useful fact sheets on topics such as "How to put an End to Harassing Phone Calls", workplace and medical information privacy, "Junk Mail: How did they get my address?" and information for stalking victims. A nonprofit consumer information and advocacy program based in California maintains the site. This site was the basis for the MD Attorney General's 15 Steps.

Identity Theft Resource Center - this affiliate program of the Privacy Right Clearinghouse offers thoughtful information and resources plus an "Identity Theft IQ Test".

Identity Theft Prevention and Survival - This site is sponsored by an attorney who practices in California and describes herself as a "survivor of identity theft". The site offers her book for sale and a useful form letter you might be able to use.

The Federal Bureau of Investigation (FBI) also has a short list of tips and asks you to report the crime if you have lost $1,000 or more.  The FBI office in Maryland is in Baltimore.

Identity Theft Hotline Federal site sponsored by the FTC; call to report scams, receive victim tips, and how to identify a fraud. File a claim on-line in English or Spanish at www.consumer.gov/idtheft/.
Phone: 1-877-ID-THEFT (438-4338); TDD (for hearing impaired): 202-326-2502            
Hours: 24 hours

Source:  The Maryland State Law Library

  Last Legal Review 4/09/08 (PLL.M.A.J.)

About this website. The Maryland State Law Library, a court-related agency of the Maryland Judiciary, sponsors this site. The website was developed (1999-2007) as part of an access to justice initiative by the Maryland Legal Assistance Network (MLAN) in collaboration with a number of legal services providers serving low and moderate income Marylanders.  In the absence of file-specific attribution or copyright, the Maryland State Law Library may hold the copyright to parts of this website. You are free to copy the information for your own use or for other non-commercial purposes with the following language “Source: Maryland's People’s Law Library – www.peoples-law.org. © Maryland State Law Library, 2007.”

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