Identity Theft

What is Identity Theft?

Identity theft involves suspects stealing or obtaining/possessing key pieces of someone’s personal identifying information (PII) and using that information to impersonate them, usually for financial gain. Some examples of PII include the following: name, date of birth, email address, phone number, bank account numbers, and physical address. Suspects can obtain an individual’s personal information through a variety of ways such as:

  • Cyber Crime - Data Breaches; Hacking into Personal Computers; email scams; social media scams; and social engineering (Social engineering refers to all techniques aimed at talking a target into revealing specific information or performing a specific action for illegitimate reasons.)
  • Intercepting and using the information from lost wallets/purses
  • Burglary of a person’s home or vehicle
  • Stealing mail
  • Digging through people’s trash
  • Employees stealing information from the businesses where they work
  • ATM, gas station and Point of Sale (POS) skimmers
  • The Dark Web

Identity Theft Laws

California has specific laws aimed at criminally prosecuting individuals that commit Identity Theft. Penal Code 530.5 makes it illegal to willfully obtain the personal identifying information of another person and possessing/using that information for an unlawful purpose without the consent of that person. Other frequently used charges in these cases are false personation, grand theft, credit card fraud, forgery, perjury, and burglary.

Resources Available to Victims of Identity Theft

Identity theft has the potential of taking a major financial and emotional toll on the victims of these types of crimes. It can be shocking for victims to realize their identity has been stolen, and the steps to reporting and fixing the issue can seem overwhelming. Thankfully, there are resources available to assist victims, and the following are some of those resources:

  • Identity Theft Resource Center (ITRC) - www.idtheftcenter.org – 888-400-5530. The San Diego District Attorney’s Office has partnered with this agency, a non-profit agency that provides FREE education for prevention of identity theft and assists victims of identity theft. There is an online live chat option for assistance available on their website.

     See also a direct link to their Chat option below.

  • Federal Trade Commission (FTC) – IdentityTheft.gov - Report the identity theft to the FTC – You will be provided with an Identity Theft Report and Recovery Plan based on the information you enter. There are also sample pre-filled forms and letters for reporting to various agencies. There is also an Identity Theft Affidavit that is created by the completion of the report that can be used when filing a police report. The report to the FTC does not begin a criminal investigation, but it helps law enforcement to track these crimes.
  • California Attorney General’s Office - Identity Theft | State of California - Department of Justice - Office of the Attorney General – Provides information sheets on where to report depending on the type of identity theft. It also has a comprehensive explanation on how to report Criminal Identity Theft and the California Criminal Identity Theft Registry Application process. Criminal Identity Theft occurs when a suspect in a criminal investigation identifies themselves using the identity of another, innocent person.

How to Report Identity Theft

The following are key things you need to do if you believe you have been a victim of identity theft:

  • Call the companies where you know fraud occurred.
    • Ask for the fraud department and explain that someone stole your identity.
    • Have the account frozen or closed.
    • Change all passwords/logins/PINs for the affected accounts.
    • Request to dispute any transactions you identify that were not authorized.
  • Place a fraud alert with one of the three credit reporting companies (they will cross-report to the other two).
    • Obtain a copy of your credit report to review and make note of any account or transaction you don’t recognize (you are entitled to a free copy of your credit report when you create a fraud alert).
    • The credit reporting websites also provide additional information on the types of alerts that can be placed and the steps to take if you believe there is fraudulent activity reflected on your credit report.
    • EXPERIAN - www.experian.com – 888-397-3742;
    • TRANSUNION - www.transunion.com – 800-916-8800;
    • EQUIFAX - www.equifax.com – 800-685-1111;
  • File an identity theft report with your local police department. California Penal Code 530.6 requires law enforcement agencies that have jurisdiction over the individual’s residence or place of business to take a report of the matter, provide the complainant with a copy of the report, and begin an investigation of the facts.

Criminal Identity Theft

If you are wrongly accused of a crime committed by an identity thief...

"Criminal" Identity Theft is by far the most difficult for the victim. There may be convictions in their name or warrants for their arrest.

San Diego County has established procedures for these situations. If you find out there is a criminal case or arrest warrant in your name, go to the courthouse responsible for the case or warrant. Bring photo identification with you. Advise the clerk's office of the problem. They will direct you to the appropriate office for assistance.

A clerk will take information from you and make a copy of your ID. You will be fingerprinted so that your prints can be compared to those of the person on the warrant. An identity hearing will be set, usually at least two weeks later.

The identity hearing will be heard by a judge. Results of the fingerprint comparison and any other relevant information will be given to the judge at that time. If the court finds that you are indeed the wrong person named in the case or on the warrant, the judge will order those records corrected. You will also receive a copy of an "Identity Certificate" or other document detailing the results of the hearing.


Additional Steps to Take Depending on the Type of Theft

  • Check Fraud/ Bank Account Identity Theft/ Debit Card Theft/ Bank Accounts Hacked –
    • Report it to your banking institution right away.
    • Close all accounts where your identity was fraudulently used to open an account.
    • If your own account was compromised, put stop payment on any outstanding checks you did not write.
    • Dispute any transactions that you did not authorize.
    • Consider closing the account and open a new one under a different number.
    • Check your bank profile to see if anything has been changed regarding your personal contact information.
  • Credit Card/ Debit Card Stolen or Compromised – If your cards are stolen or unauthorized transactions made on your credit/ debit card –
    • Report it to your credit card company/ banking institution right away.
    • Dispute any charges that are not authorized.
    • Close the account and have a new card issued.
  • Fraudulent Loan/ Other Debt Identity Theft –
    • Contact any debt collector for a fraudulent debt within 30 days of receiving notice.
    • Contact the companies that issued the credit to dispute any fraudulent lines of credit or loans in your name.
    • Use copies of the police report or any other documents to assist you in the process.
    • Obtain copies of any documents used to apply for credit or make charges in your name.
    • Contact the credit reporting companies (Experian, Transunion, Equifax) and file a dispute about fraudulent activity on your credit report.
  • Mail Theft – If the crime involved the U.S. Mail, report it online to the U.S. Postal Inspection Service at https://www.uspis.gov, or call 877-876-2455.
  • Driver’s License Theft – Identity Theft - California DMV
  • Passport Loss or Theft – Contact the U.S. Department of State at: http:/www.travel.state.gov/passport – 1-877-487-27778.
  • Tax-related Identity Theft – Contact the Internal Revenue Service at: www.irs.gov/identitytheft
  • Small Claims or Civil Judgment - If a civil judgment has been entered in your name for actions taken by the identity thief, contact the court where the judgment was entered and report that you are a victim of identity theft.
  • Unemployment Fraud – If someone is receiving unemployment benefits in your name, contact the Employment Development Department at: https://askedd.edd.ca.gov/AskEDD/s/categorydetails?category=Report_Fraud
  • Social Security Number Compromised - If you suspect your Social Security Number has been misused, contact the Social Security Administration Fraud Hotline – 800-269-0271 or report online at https://oig.ssa.gov. Obtain a copy of your Social Security Statement at www.ssa.gov/myaccount - available to workers 18 and older.
  • Health Insurance – If you believe someone is receiving medical treatment using your name through your health insurance, request from your health insurance company a list of benefits that were paid to date and request corrections as needed. If the insurance company refuses to correct your records, file a complaint with the U.S. Department of Health and Human Services at www.hhs.gov/ocr/hipaa
  • Medicare Fraud – If you suspect fraud call 1-800-MEDICARE (1-800-633-4227) or report online to the U.S. Department of Health and Human Services Office of Inspector General - Submit a Hotline Complaint
  • Internet Related Crimes - FBI’s Internet Crime Complaint Center - IC3 – Accepts and researches complaints of Internet crime, disseminates the information to federal, state, local, or international law enforcement or regulatory agencies for appropriate investigation and action – https://www.ic3.gov

Tips for Identity Theft Prevention

Personal Identifying Information – Your Personal and Home Security

  • Keep your financial records, Social Security and Medicare cards in a safe place.
  • Shred papers that have your personal information on them.
  • Minimize the number of credit cards and identifying information you carry, especially your social security card and passport.
  • Try to file your taxes early – before a scammer can. Tax identity theft happens when someone uses your Social Security Number to get a tax refund or a job. Respond right away to letters from the IRS.
  • Protect your incoming and outgoing mail:
    • Use a locked mailbox for your residence.
    • Promptly removing mail after it has been delivered.
    • Do not leave mail out for pick up - use a mail slot at your local U.S. Post Office or give it directly to your postal carrier.
  • Never leave receipts behind – at ATMs, on counters, at financial institutions, at gas pumps.
  • Get your credit report. You get one free credit report every year from each credit reporting company. Contact Annualcreditreport.com or call 877-322-8228.

Be Cautious About Phone Call Solicitations

  • Do not give your personal information to someone who calls you unless you initiated the contact.
  • Do not believe anyone who calls and says you will be arrested unless you pay for your taxes or debt – even if they have part or all of your Social Security Number, or they say they are from the IRS.
  • To opt out of receiving pre-approved credit and insurance offers call toll-free 1-888-567-8688 or visit www.optoutprescreen.com. The phone number and website are operated by the major consumer reporting companies.
  • The federal government’s National Do Not Call Registry is a free, easy way to reduce the telemarketing calls you receive. To register your phone number call toll-free 1-888-382-1222 or visit www.donotcall.gov.

Tips for Avoiding Scams and Protecting Your Personal Information Online

  • Do not give your personal information to someone who emails you unless you initiated the contact.
  • Do not click on links in an unsolicited email because they may contain viruses that will infect your computer.
  • Scam artists are highly skilled at impersonating banks, stores, or government agencies, so scrutinize any incoming requests by doing the following:
    • If you receive an email claiming to be from a business, utility company, or government entity you do business with, look up a legitimate phone number for that institution and call it to verify that the email is genuine instead of responding to the email.
    • Log on directly to the official website for the business identified in the email instead of clicking a link in an unsolicited email.
    • The Department of Financial Protection and Innovation (DFPI) Website has a search option where you can look up financial institutions and obtain their legitimate contact information - Licensee and Financial Service Provider Search
    • Double-check the website name and URL (Uniform Resource Locator). Often scammers will change one letter in a legitimate business name URL so that at a quick glace the website looks authentic.
    • Most U.S. government websites end in .gov or .mil. Search.gov maintains a list of all U.S. government entities that do not end in .gov or .mil
  • Never input your credit card or other financial account numbers on a website unless it offers a secure transaction. A secure website will have the following: The URL will begin with “https” and there will be a padlock symbol to the left of the “https” . If you click on the lock, a screen pops up showing it has a valid security certificate.
  • When paying for anything online, it is better to use a credit card, which has more consumer protections than debit cards and checks, which draw directly from your bank account.
  • Do not use public Wi-Fi. Wi-Fi hotspots providing free Internet access are often in coffee shops, libraries, airports, hotels, universities, and other public places. If a Wi-Fi hotspot does not require a password, it is not secure. Your personal information, private documents, even login credentials could be accessed without your knowledge or permission. Take the following steps to ensure that your phone/ laptop is not automatically connected to public Wi-Fi:
    • Disable the automatic connection feature in your mobile device so you don’t connect to a public network accidentally.
    • Make sure your firewall is enabled and file-sharing is turned off if you are connecting via a laptop.
    • Subscribe to a VPN (Virtual Private Network). A VPN allows you to use public Wi-Fi to get online but creates an encrypted secure pathway for doing so.
  • Opt out of receiving unsolicited commercial email - Direct Marketing Association (DMA) has an Email Preference Service (eMPS) to help you reduce unsolicited commercial emails - www.dmachoice.org
  • Avoid sharing sensitive information on social media like addresses, email addresses, children’s names, and birth dates. Criminals can easily scan social media pages to learn who your family and friends are and then use that information to scam you.

Credit, Debit Card, and Banking Security

  • Sign your new credit cards right away.
  • Report lost or stolen credit or debit cards immediately.
  • Minimize the number of credit cards and identifying information you carry, especially your social security card and passport.
  • Check expiration dates on credit cards and contact the issuer if you don’t get a replacement before they expire. The same goes for monthly financial statements and bills.
  • Pay attention to your billing cycles. Identity thieves may reroute bills to another address to hide criminal activities.
  • Keep a close watch on your bank and credit union account statements and credit card billing statements. Report discrepancies immediately. Many financial institutions offer text alerts whenever a transaction is being made taking money out of your bank accounts.
  • Utilize Multi-Factor Authentication. It is one of the features that most banks offer. This adds another layer of security to your online and mobile banking login process. When it is enabled, you are prompted to enter a unique code that is texted to you after you enter your login name and password to access your account.

Password Security

  • Use passwords that are not easy to guess. The following are some suggestions for creating a secure password:
    • Use numbers and symbols when you can.
    • Use a combination of lowercase and uppercase letters.
    • Don’t assume changing one letter or digit of an old password is enough.
    • Consider using a phrase or acronym instead of a word.
    • Avoid common phrases or number sequences.
    • Make passwords a minimum of 8 letters.
  • Consider using an online password manager if you struggle with remembering the passwords to your bank accounts. This is a program that stores all your computer passwords in an encrypted vault, either on your computer or in the cloud, that only you can open with a master password you create.