Think your identity was stolen? Act fast

By Atty. Jody L. Cooper

You notice a charge you don’t recognize. A credit card account appears in your name. Or a debt collector calls about an account you have never opened.

Identity theft can happen quickly and fixing it can take time. In Wisconsin, consumers have tools and legal protections to help limit the damage, but acting quickly matters.

Start with a fraud alert or credit freeze

Contact one of the three major credit reporting agencies – Equifax, Experian, or TransUnion – to place a fraud alert on your credit report.

Contact each credit reporting agency to place a credit freeze on your credit reports.

• A fraud alert requires businesses to take extra steps to verify your identity before opening new accounts. It lasts one year and can be renewed.

• A credit freeze offers stronger protection by restricting access to your credit report. This makes it harder for identity thieves to open accounts. Freezes are free and remain until you lift them.

Review your credit reports and accounts

Request your credit reports at AnnualCreditReport.com. You can check them weekly at no cost.

Look for:

• Accounts you did not open
• Incorrect personal information
• Credit inquiries you do not recognize

Also, review bank and credit card statements and report suspicious charges right away.

Report identity theft

Report identity theft to the Federal Trade Commission at IdentityTheft.gov. The FTC will generate a recovery plan and an Identity Theft Report to help you dispute fraudulent accounts.

You may also file a police report with local law enforcement. While not always required, it can strengthen your case with creditors or debt collectors, and reporting the matter to law enforcement may also help document patterns of related incidents within the jurisdiction.

Dispute fraudulent charges and accounts

If identity theft results in unauthorized credit card charges, federal law generally limits your liability to $50 if the charges are reported within two business days, and  credit card issuers may waive even that amount. Reporting a lost or stolen credit card to the credit card company before an unauthorized charge occurs relieves you of responsibility for the unauthorized charges.

If a fraudulent account is opened in your name, contact the creditor. Explain that it resulted from identity theft and request that the account be closed and removed from your credit report.

Follow up in writing and keep copies of all communications.

Know your rights under Wisconsin law

Wisconsin law allows consumers to place a free security freeze on their credit reports.

Victims may also request records related to fraudulent accounts opened in their name, which can help identify how the theft occurred.

In some cases, identity theft victims may have legal claims against a business if it failed to take reasonable steps to verify identity.

Watch for tax and medical identity theft

Identity theft can also involve taxes or health care.

Tax identity theft occurs when someone files a return using your Social Security number or other personal information. If you receive an IRS notice about a return you did not file, respond promptly and follow up  directly with the IRS.

Medical identity theft can result in incorrect records or billing issues. Review insurance statements and question unfamiliar charges.

Stay organized and persistent

Keep a file with reports, correspondence, and notes from phone calls or other contacts. Identity theft issues often take time to resolve, and persistence is important.

Seeking legal help

If fraudulent accounts are not removed from your credit report, debt collectors continue to pursue invalid claims, or your credit report is not otherwise corrected, consider consulting an attorney.

Identity theft can feel overwhelming, but you are not without options. Acting quickly and understanding your rights can help you regain control. An attorney can help enforce your rights under federal and Wisconsin law.

Jody L. Cooper, of Turke & Steil S.C. in Madison and Janesville, focuses on legal technology, creditor/debtor law, and data privacy. She integrates innovative tools into her practice and educates others on protecting personal information and responding to identity theft.

Know Your Legal Rights is sponsored by the State Bar’s Lawyer Referral Service, which connects Wisconsin residents with attorneys throughout the state. To find an attorney, visit wislaw.org.

This article provides general information about Wisconsin law and is not legal advice. Because laws and individual circumstances vary, readers should seek advice regarding their specific situation.