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The Boston Herald - 4/12/2006

Tougher laws, penalties will help protect us


By Tom Mashberg/ Identity Fraud
The Boston Herald

Last of a three-part series on identity fraud.

After just four days as a data entry clerk at a members' club in Philadelphia, Stephanie Mobley knew scores of Social Security numbers. She used the data, Massachusetts officials allege, to commit 12 counts of identity theft against a half-dozen Bay Staters.

But if Mobley is found guilty, she faces no more than 30 months in prison. Now, officials want to toughen the penalties for identity theft to deter and punish one of the state's fastest-growing crimes.

``This epidemic has destroyed too many lives,'' said state Sen. Jarrett T. Barrios (D-Cambridge), a co-sponsor of legislation aimed at ID thieves. ``Before anyone else falls victim to these predators, we must adopt stricter jail time and empower consumers to protect their personal financial information.''

Barrios is working with Rep. Paul C. Casey (D-Winchester), Attorney General Tom Reilly and the Massachusetts Public Interest Research Group to stiffen criminal and civil sentences, make data agencies and retailers work harder to foil impostors, and give people more of a say over credit reports.

``No matter who you are or where you live, we are all potential victims of ID theft,'' Reilly said.

Here are some of the proposals:

SECURITY FREEZE: Similar to a ``do not call list'' for telemarketers, this provision lets consumers impose a freeze on their credit information.

As a result, no individual or retailer could access a consumer's credit data without the consumer's express approval. If an impostor applies for credit in someone else's name, a creditor would have to deny the application, but consumers seeking credit honestly would have a PIN or other code number, known only to them, for ``unfreezing'' their credit reports.

Additionally, consumer advocates say, credit reporting agencies would be required to notify consumers of any application for credit. Consumers would thus be tipped off to flimflams by impostors.

DO-NOT-CALL REGISTRY: Consumers could put their names on a list of those who do not want unsolicited credit card or mortgage offers.

This would block credit brokers from accessing your credit reports to see if you are a good risk - a phenomenon that leads to the spread of private data into more and more breachable databases.

It would also curtail unsolicited credit and mortgage offers - often pilfered from trash or mail by thieves - because creditors would no longer be able to access your credit score in the first place.

``This financial info is your information and you by rights ought to have control of it,'' said Eric Bourassa, a MassPirg activist, ``It's outrageous that it gets passed around without your express approval.''

TOUGHENED PENALTIES: Proposed lesgislation would increase penalties for identity fraud from a maximum fine of $5,000 and imprisonment for not more than 2years to a fine of $10,000 and imprisonment for no less than 2years and not more than 10 years.

SIMPLER POLICE REPORTS: A bill would make it easier for ID theft victims to file police reports. The reports are needed to begin the process of challenging fraudulent charges, but consumers complain local police lack the resources to aid victims get proper paperwork.

Police reports are also needed before victims of ID fraud can get so-called fraud alerts placed at the top of their credit reports. Consumers seek the alerts to stop ID thieves from hitting them again.

Victims can cite the alerts when they are legitimately seeking loans or mortgages as proof their credit has been harmed by ID snatchers.

LIMIT USE OF SOCIAL SECURITY NUMBERS: Advocates say the widespread use of Social Security numbers as identifiers makes it too easy to gain access to consumers' financial accounts, credit reports and other sensitive information. One bill would let consumers decline requests for SS numbers on employment applications, credit applications and similar transactions.

NOTIFICATION REQUIREMENT: This forces information companies to immediately notify people of any breach in their data security.

``How is it any Tom, Dick or Harry can get credit instantly by just having my Social Security number?'' asked Kurt Drucker, 52, of Cambridge, an attorney who is in the midst of unraveling an ID theft attack. ``Here I am a lawyer and I can't even figure out what affidavit to file to get this fixed.''

Tips to avoid identity theft

- Monitor your credit report. It has your Social Security number, employers, addresses andcredit account numbers, including those you've closed, and overall credit score. Call the reporting agencies to get 1 free copy a year: Equifax, 800-525-6285, www.equifax.com; Experian, 888-397-3742, www.experian.com; TransUnion, 800-680-7289, www.transunion.com.

-Cancel unused credit card accounts sand shred unused cards.

-Get off credit marketing lists. Credit bureaus compile them for preapproved credit offers. These mailings are a gold mine for identity thieves, who may steal them and apply for credit in your name. Get off the lists by calling 888-567-8688 (your Social Security number is needed to verify your identity).

-Never give your credit card or SS number or personal information over the phone or internet unless you have initiated the call.

-Get new checks at the bank rather than having them mailed.

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