What Are Your Rights If Your Identity Is Stolen?
Quick Answer
Identity theft law gives consumers substantial tools to recover, but most people do not know what they are entitled to until they are in the middle of a crisis. Knowing your rights in advance means you can act faster and more decisively when it matters.
Your Core Legal Rights After Identity Theft
Right to a free fraud alert. Under the FCRA, you can place a free fraud alert with one credit bureau and they must notify the other two. An initial fraud alert lasts one year and requires lenders to verify your identity before issuing new credit. An extended fraud alert (7 years) is available if you have an FTC Identity Theft Report or police report.
Right to a free credit freeze. You can place a free security freeze at all three bureaus that blocks lenders from accessing your credit file entirely. This is the strongest protection against new account fraud.
Right to additional free credit reports. If you are a victim of identity theft, you are entitled to free credit reports beyond the annual allotment.
Right to dispute and block fraudulent information. Under the FCRA, once you have an FTC Identity Theft Report, credit bureaus must block fraudulent information from your credit file within 4 business days of receiving your request. Creditors must stop collecting on fraudulent accounts.
Right to an FTC Identity Theft Report. Filing at IdentityTheft.gov generates an official FTC Identity Theft Report. This document has specific legal weight, creditors and credit bureaus must honour it when you dispute fraudulent accounts.
Right to have fraudulent debts discharged. Under the FCRA, you cannot be held responsible for debts incurred fraudulently. Creditors must investigate disputes and remove fraudulent accounts.
Step-by-Step: Using Your Rights
Step 1: Go to IdentityTheft.gov IdentityTheft.gov, 1-877-438-4338 Create a personalised recovery plan and generate your FTC Identity Theft Report. This report is the foundation for all subsequent steps.
Step 2: Place a fraud alert Contact one bureau, they notify the others:
- Equifax: 1-800-525-6285
- Experian: 1-888-397-3742
- TransUnion: 1-800-680-7289
Step 3: Place a credit freeze at all three bureaus
- Equifax: myequifax.com or 1-800-349-9960
- Experian: experian.com/freeze or 1-888-397-3742
- TransUnion: transunion.com or 1-888-909-8872
Step 4: Get your credit reports and review for fraudulent accounts AnnualCreditReport.com, free reports from all three bureaus
Step 5: Dispute fraudulent accounts with each bureau Submit your FTC Identity Theft Report and request that fraudulent information be blocked. Bureaus must respond within 4 business days.
Step 6: Contact each company where fraudulent accounts were opened Use the pre-filled letters available at IdentityTheft.gov. Provide your FTC Identity Theft Report. Companies must stop collecting and investigate.
If the Creditor Refuses to Cooperate
File a complaint with the CFPB at consumerfinance.gov/complaint (1-855-411-2372). Creditors who refuse to investigate legitimate identity theft disputes may be violating the FCRA, which gives you the right to sue for damages, attorney fees, and statutory damages.