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Cracking down on ID theft


By Emelie Rutherford / Daily News Staff


BOSTON—Southborough's Sandy Pochapin suspects she will never nab the person who racked up thousands of dollars on credit cards and a cell phone fraudulently ordered and used in her name.

But the 48-year-old marketing professional is hoping when lawmakers hear someone like her -- who tears up receipts and is vigilant about not sharing personal account numbers -- fell victim to identify theft, they will tighten laws governing the credit industry.

"I am someone who would have thought this never would have happened," Pochapin said.

She will join other identity theft victims at what promises to be a lively State House hearing today on a flurry of bills meant to better protect residents' personal and financial data.

Pochapin wants consumers to be allowed to place security freezes on their credit reports. Such a freeze would have helped her in December 2003, she said, when she was alerted by MBNA, a credit card company, that someone charged thousands on a replacement Visa card she never requested or saw.

If such a freeze was in place, Pochapin said, she would have stopped additional accounts from being created in her name because financial companies would not be able to access her credit report to create them.

Pochapin instead learned later that an identity thief also opened and freely used a replacement Macy's card and a Cingular Wireless cell phone in her name.

"A security freeze is one of the easier solutions," said Pochapin, a member of Massachusetts Public Interest Research Group (MassPIRG).

MassPIRG is pushing for additional identity theft reforms including requiring companies that have personal data on residents to notify them of security breaches and reducing the cost to consumers to view credit reports.

These are spelled out in a bill filed by state Sen. Jarrett Barrios, D-Cambridge, and co-sponsored by state Reps. Tom Sannicandro, D-Ashland, David Linsky, D-Natick, and Cory Atkins, D-Concord.

"Identity theft is a growing problem," said state Sen. Susan Fargo, D-Lincoln, who also has identity theft legislation before the joint Consumer Protection and Professional Licensure Committee today.

"As the use of technology has become more commonplace in our financial dealings and economy, it is important that our laws keep pace to help protect our citizens and our business community," she said.

Multiple announcements of security breaches by data collection and credit agencies have been made in recent months, including word last week from MasterCard International that up to 40 million credit card numbers were stolen from an Atlanta credit card processing firm.

The number of identify theft complaints from Massachusetts consumers to the Federal Trade Commission increased by more than 50 percent last year compared to 2002, according to MassPIRG.

MassPIRG argues credit card companies, stores, credit bureaus and other businesses must do more to protect consumers' personal data such as Social Security numbers.

The practice of "phishing" on the Internet is targeted in bills filed by Fargo and Linsky. Phishing, Fargo's office said, is when identity thieves send e-mails to people directing them to fake Web sites for financial institutions so those recipients will enter personal data such as Social Security numbers.

The bills would add the definition of phishing to state law and include penalties of up to five years in prison and a $5,000 fine.

Increasing penalties for identity thieves will be up for debate today.

State law now calls for a maximum $5,000 fine and 2 1/2 years in prison for identity fraud and harassment.

Barrios' bill calls for increasing that to a maximum of a $10,000 fine and 10 years in prison. Another bill filed by House Minority Leader Bradley Jones calls for a maximum of a $25,000 fine and five years in jail. This last bill is co-sponsored by Republican state Reps. Paul Loscocco of Holliston, Richard Ross of Wrentham, Susan Pope of Wayland and Karyn Polito of Shrewsbury.

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