Myths
and Realities
MYTH 1: Banks and credit card companies will tell you that they
are the real victims of identity theft –they will be responsible for the
damages suffered.
REALITY: You are responsible for cleaning up the mess –yourself
–and that can take years! You are the one who must prove that you didn’t
make the purchases under dispute. Victims of identity theft often spend
years and thousands of dollars clearing their names and cleaning up
their credit. They may lose job opportunities, be refused loans for
education, housing, or cars, and even get arrested for crimes that are
committed under their names.
For a real life example of what can happen to a victim of identity
theft, read this article by Kevin Blum in The Washington Monthly:
http://www.washingtonmonthly.com/features/2005/0512.drum.html
MYTH 2: Credit monitoring
services offered by the credit bureaus and credit card companies will
help you clean up inaccurate credit and help to stop
inaccurate credit from being reinserted into your credit report.
REALITY: Not only will their services not block inaccurate credit
data, but they will continue to disseminate that dirty data –oftentimes
without notifying you –until you clean it up yourself. Many times the
“monitoring” services they sell, only involve monitoring one of the
three major credit bureaus that data is reported to (Experian, Equifax
orTrans Union). Reports are usually sent to you on a quarterly basis,
which means that erroneously reported credit data can go undetected for
some time. Their services won’t notify you if someone applies for a
driver’s license or opens new accounts using your name.
Here’s another firsthand account from a victim of identity theft:
http://www.guardmycreditfile.org/index.php/content/view/672/
MYTH 3: People who pay
their mortgages on time won’t have problems! If you do have a problem
you must have caused it!
REALITY: Credit reports are notoriously contaminated with dirty
data –data that is used to calculate your credit score. These scores
determine your credit worthiness, the interest rates you will pay on
loans and the amount you will pay for auto and homeowners insurance. The
recipe used to determine your credit score is based on the contents of
your credit report, whether accurate or not. Your credit report can
indicate that you did not pay your bills on time or it may include a
myriad of mistakes of which you weren’t even aware. These credit
reporting errors may include: having someone else’s data mixed with
yours, closed accounts that don’t belong to you, ancient debts that were
paid but are reportedly still owed, erroneous 30, 60 or 90 day late
payments that were actually paid on time, or debts belonging to an
ex-spouse, relative or someone other than you! -
Continued
MYTH 4: Foreclosures only
happen when you don’t pay your mortgage payments. If your mortgage
company sells your mortgage, any payments you made to the former company
will be forwarded to the new mortgage company. It’s not your
responsibility to ensure those payments are accounted for.
REALITY: When you pay your mortgage on time, there is no
guarantee that you’ll be safe from foreclosure and no guarantee that the
payments you made to the original lender were in fact transferred
properly to the new mortgage company. People who have blindly sent their
mortgage payments without the aid of a monthly statement to confirm
these transactions, can suddenly find themselves facing enormous
penalties, forced foreclosures and years of battles trying to prove they
paid on time.
For more information on “mortgage servicing fraud,” go to
www.msfraud.org.
And for a personal account of one woman’s mortgage fraud nightmare, go
to:
http://www.lawhelp.org/documents/283401Rockbridge Advocate Oct 2005.pdf
MYTH 5: It doesn’t matter
whether you order your free credit reports at
www.annualcreditreport.com (the official website mandated by the
Fair Credit Reporting Act), call their toll free number, or order your
credit reports from one of the many free credit report websites.
REALITY: It does matter. There are website domains that appear to
be authentic, but in reality are imposter sites. A study by The World
Privacy Forum study stresses the importance of requesting copies by
telephone as opposed to using websites. Their report "Call Don't
Click: Why It's Smarter to Order a Federally Mandated Credit Report via
Phone Instead of the Internet," documents at least 96 known
“imposter” domains. Read the full report at:
http://www.privacyrights.org/media/CallDontClickUpdate.htm.
There are additional concerns about both privacy and ambiguous credit
reporting fees. The Trans Union site appears by design to allow for
consumers to have marketing information sent to them and have
their private data shared. To avoid having private credit information
shared, it is best to order reports over the phone where there is a
specific option to not share personal information. There are also some
ambiguous sections in the Experian and Equifax sites which make it
confusing for consumers to differentiate between free and fee-based
services.
For more detailed information on this topic see
http://www.privacyrights.org.
MYTH 6: If it’s advertised
as a free credit report, it must be free.
REALITY: Don’t believe everything you see and hear on TV.
In many cases, consumers who sign up for these “free” reports often
don’t realize that they are also signing up for a credit bureau’s
credit monitoring services. After being asked to supply their credit
card info, they learn that they’ll be charged a fee unless they cancel
the service within 30 days.
For a closer look at this issue, read the article, “Marketer of “Free
Credit Reports” Settles FTC Charges” at:
www.ftc.gov/opa/2005/08/consumerinfo.htm.
MYTH 7: If you are notified
that you owe money for an old medical bill that was recently placed in
collection, then you must be responsible for paying for it.
REALITY: Not necessarily. Why? Because sometimes old “zombie”
debts are bought for pennies on the dollar by collection agencies even
though they were once paid, and these debts can eventually end up on a
consumer’s credit report, without their knowledge. It can be many years
old and suddenly appear out of nowhere. Do not pay a bill that you have
no knowledge of simply to make it go away. Instead, contact the company
that claims you owe money and obtain the particulars of the debt in
question. Find out the date of service and call your insurance company
to find out if this debt was already paid by them. -
Continued
MYTH 8: If I can’t fix my
credit problems caused by someone else’s error...I can turn to the
courts to hold them accountable.
REALITY: Not always! You may have waived your rights without
knowing it...
Binding Mandatory Arbitration clauses are finding their way into
countless contracts (including credit card agreements) which means if
you have a problem, you can’t sue them. You must settle your disputes in
arbitration and the arbitrator’s decision is final. If you signed any
agreement or contract that carries a binding arbitration clause, you
gave away your constitutional right to use the American court system to
solve a disagreement, no matter how important the disagreement. -
Continued
MYTH 9: Since I don’t know
any experienced consumer attorneys in my area, I will have to handle my
own legal case myself.
REALITY: Because the consumer protection laws are Federal laws,
you can search for an experienced attorney nationwide. He or she doesn’t
have to reside in your area. If you have documented your case and/or
want an opinion as to whether or not your situation requires legal
representation, a great starting point is to go to
http://www.NACA.net.
An attorney who chooses to take on your case will usually do so on a
contingency basis, which means they only get paid when and if you do.
Additionally, they can hire an attorney licensed in your state to assist
them in your area.
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