If you think that someone has stolen your identity, there are some things you can do immediately to help protect your money and credit. It can be important to act quickly, because there can be limits to the potential solutions you can pursue following identity theft if you wait too long.

If you noticed any charges on your credit or debit card or activity in your bank account that you didn’t authorize, make a list of the transactions that you did not give permission for and record the date and amount of each transaction. If you find out that a credit card or loan was taken out in your name without your permission, make a note of the credit card company or lender. 

Next, you should call the fraud department of each company where you noticed suspicious activity and explain that someone stole your identity. Contact the companies using only official information from the bank such as the phone number on th eback of your credit or debit card, and not anything that could have been sent by a scammer. Describe to each company the charges that you think are fraudulent and ask for a refund because you did not authorize the charges. It is important to take this step immediately, because the company may be required to reimburse you for any charges on your account that you did not authorize.  You should take notes of these conversations, listing the date and time you called, the phone number you called, the name of the person you spoke to, what that person told you to do, and any complaint number (if the company provides that; not all do). You should save these notes. 

If you find a credit card, debit card, or loan taken out in your name that is not yours, explain this to the company and ask them to close the account.   

To prevent identity thieves from continuing to use these accounts, you can ask the banks to close or freeze the accounts where fraudulent transactions occurred. It is smart to also change logins, passwords, and PINs for your accounts, as scammers may have gained access to your bank accounts using these credentials.  

If you are disputing a credit card charge, you must promptly mail a letter to the credit card’s address for billing inquiries. The billing inquiries address is on your statements but is different from the address for sending your payments. In your letter, include your name, address, account number, and a description of the mistake. Save a copy of your letter and proof of mailing so you can refer to it later if you do not get refunded. The Federal Trade Commission, a government agency, has a helpful guide and sample letter.

You might need to contact these companies again later on in the process or send them a written dispute letter if they do not reimburse you for the stolen funds. Read more on this below in the section titled “Send Written Dispute Letters.”

If you think you are the victim of identity theft, you should request and review your credit report from each of the three major credit bureaus. A credit report will contain a list of most or all credit and loan accounts that have been taken out in your name. There are three main credit bureaus that issue credit reports: Experian, Equifax, and TransUnion. You are entitled to request your credit report from each of these companies for free using the following steps: 

• Visit Annual Credit Report’s site select the “request your free credit reports” option and follow the instructions. This site will allow you to access your credit report for free. 
• You may need to provide personal information, including your name, Social Security Number, a recent address, and date of birth. The site may also ask about accounts or addresses that are not yours in order to verify your identity.
• When you access a credit report, be sure to click download or print, and save a copy of the report. Then navigate to the next report. 

Once you have each credit report, you can review the accounts listed under your name and confirm that other important information, like your employment history, has been reported correctly. The Consumer Financial Protection Bureau (CFPB), a government agency, has published a helpful guide on how to review your credit report. If you notice any accounts or loans on your credit report that you do not recognize, you should dispute the debt with each of these three credit bureaus as well as contact the company listed as issuing the credit account or loan.  For example, if you notice a credit card account on your credit report that you did not open, you would report this both to the credit bureaus and to the bank that issued the card.  

When you report the fraudulent accounts, explain that you did not authorize the account that was opened in your name. You can request that the bank close the account and that the credit bureaus remove the account from your credit report. You can report a fraudulent account to a credit bureau online or send a written dispute letter. To dispute a fraudulent account with a bank, call the bank’s fraud department, then follow the steps below to send a formal dispute letter. 

If your personal information was used by identity thieves without your authorization, you should report this to the FTC, a federal government agency, by making an FTC Identity Theft Report. Making a report with the FTC can be helpful in certain circumstances because it will allow you to provide banks and other entities with a law enforcement report related to the identity theft. You can also report identity theft to your local police department 

You can fill out an FTC Identity Theft Report online or by calling 1-877-438-4338. If you make an account with the FTC, the FTC will create an Identity Theft Recovery Plan based on the information you provided and will provide next steps in helping you recover from identity theft. More information about the FTC Identity Theft Report can be found here. 

After reporting suspicious activity to your banks, reviewing your credit report, and filing an FTC Identity Theft Report, there are additional steps you can take to recover stolen funds and protect yourself from further identity theft.

It’s usually best to send your bank or a credit bureau a written dispute letter. Disputing fraudulent charges or accounts in writing is important, because it creates a record of you notifying the bank that you were a victim of identity theft and it helps you preserve your rights if the bank refuses to cooperate. When you send a dispute letter to a bank or credit bureau, include a copy of your FTC Identity Theft Report. Save a copy of your dispute letter and keep proof that you mailed it. The New Economy Project, a consumer rights non-profit, has a helpful guide on how to write and send dispute letters.

If a credit bureau or bank still does not respond to your dispute even after you mailed them a dispute letter, you can file a complaint about the company with the CFPB using this link. You also may be entitled to compensation if you have kept copies of your dispute letters and less than 1 year has passed since the fraud occurred. To see whether an attorney can help you bring a lawsuit “on contingency” (meaning that the attorney only gets paid if you win) search for and contact attorneys from the National Association of Consumer Advocates.

If you suspect that you are the victim of identity theft, you may want to place a Fraud Alert or a Credit Freeze on your credit for free to help prevent identity thieves from taking out loans in your name. The CFPB has a helpful guide about the different types of fraud alerts and credit freezes.

Fraud Alerts
A fraud alert requires creditors to take steps to verify your identity before they allow someone to open a loan in your name. To place a fraud alert on your credit report, contact one of the three credit bureaus (Equifax, Experian, or TransUnion); you can use the contact information provided for the credit bureaus on the CFPB Identity Theft Guide. You can place a new fraud alert on your credit report when it expires after one year. If you provide a telephone number, the creditor must call you or take reasonable steps to verify whether you are the person making the credit request before granting the credit. Making an FTC Identity Theft Report also allows you to place an extended fraud alert on your credit report. An extended alert lasts for seven years. While an extended alert is active, a creditor must contact you in person, on the telephone, or through another contact method that you choose to verify that you are the person trying to open a new credit account in your name.  

Credit Security Freezes
You can also place a credit security freeze on your credit report for free at each of the three credit bureaus. When you place a credit freeze on your credit report, new creditors cannot access your credit report until you lift the freeze. This makes it much more difficult for identity thieves to take out loans in your name. You can place and lift a credit freeze on your credit report for free at any time. Unlike fraud alerts, you must contact each credit bureau individually to place a credit freeze on your credit report. For more information about credit freezes, see this CFPB guide. 

If an identity thief uses your information to take out a loan, the bank or debt collector who owns the debt may seek to collect money from you for a loan you did not take out. If this happens, you could be sued and be required to appear in court.   

If you are sued for a debt that you do not recognize, you should respond to the lawsuit in writing at the courthouse, and take all of the actions listed in this guide. In particular, you should make an FTC ID Theft Report and keep a copy to show to the court. It is important to pay close attention to any court dates listed on court papers you receive; you should appear in court whenever directed to do so. When you go to court, bring a copy of your FTC ID Theft Report or other report if you have one. You may also be required to submit an answer in the lawsuit. If you file an answer with the court or appear before a judge, you should explain that you do not recognize the loan and that you are victim of identity theft. You can also contact the debt collector or attorney attempting to collect money from you and explain that you are the victim of identity theft. 

Sometimes identity thieves will use your personal information to access your tax refund before you file. Because of this, if you think your identity has been stolen, it is important to file a tax return as soon as you are allowed to. If you find out that someone else used your Social Security number to access a tax refund, you can follow the steps above to create an FTC Identity Theft Report which will provide additional actions you can take. The IRS also has a helpful guide on what actions to take if a suspicious tax return has been filed in your name.

For more assistance with this type of identity theft, contact The Legal AId Society’s Access to Benefits (A2B) helpline at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m  and request an appointment with the Low Income Taxpayer Clinic. 

Identity thieves sometimes use stolen Social Security numbers for employment purposes. When this happens, that employer may report an identity thief’s income to the IRS using your Social Security number. When you file your tax return, you wouldn’t have included those earnings because they weren’t yours. But the IRS doesn’t know that. Their records will show you failed to report all of your income. The IRS may mail you a letter explaining you had earnings that you didn’t report. If you get a letter like this from the IRS, follow the instructions in the letter. 

If you haven’t gotten a letter from the IRS but you think someone is using your Social Security number for work, review your Social Security work history by creating an account. If you find errors, contact your local Social Security Administration office.

For more assistance with this type of identity theft, contact A2B at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m  and request an appointment with the Low Income Taxpayer Clinic. 

• Federal Trade Commission — IdentityTheft.gov 
• Consumer Financial Protection Bureau — Accessing Credit Reports 
• Consumer Financial Protection Bureau – Fraud Alerts and Security Freezes 
• New York Attorney General – Identity Theft  
• The New Economy Project – Correcting Your Credit Report 

• Call The Legal Aid Society’s A2B at 888-663-6880 Monday through Friday from 10:00 a.m. to 3:00 p.m and request an appointment with the Consumer Law Unit; 
• A free legal services provider, CLARO, hosts advice clinics in the civil court of each borough in New York City where defendants in consumer debt lawsuits can seek free legal advice. (COVID-19 Notices on the CLARO website are no longer applicable); or
• Contact The New Economy Project: 212-925-4929.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.