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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Information and Instructions
This packet should be completed once you have contacted the Tomball Police Department and have obtained
a police report number related to your financial crime. To obtain a police report number, contact 281-351-5451.
Please have all information regarding your case available before you call in order to provide the report taker
with specific details concerning the offense(s). Please keep track of your report number as creditors, financial
institutions and credit reporting agencies will ask for it.
My Tomball Police Department Report is #_________________________________
This packet is for you to keep and contains information to assist you to help restore your credit and to help
ensure that you are not responsible for the debts incurred by the identity thief. In addition, this packet includes
information that will allow you to obtain financial records related to the fraudulent accounts and provide those
records to law enforcement, which will expedite the investigation for prosecution. We recognize that some
victims are only interested in the correction of their credit and do not necessarily wish for prosecution;
therefore, we request that you only submit this packet to the Tomball Police Department if you desire
prosecution. It is important to understand that, in the event a suspect is identified, arrested and the case
proceeds to court, you as the victim would mostly likely be required to appear and testify in court.
You will need to provide us with necessary documentation in order to begin the investigation of your case for
prosecution. Examples of the document evidence we need are on the last page of this packet. Please
write your report number on all copies of the documents you send us. In identity theft cases it is difficult to
identify the suspect(s) as they often use inaccurate information such as addresses and phone numbers.
Frequently the investigator cannot find evidence to prove who actually used the victim’s name and/or personal
information over the phone or internet. It is important to note that even if the suspect cannot be identified for
prosecution, it will not affect your ability to correct the fraudulent accounts and remove them from your credit.
Furthermore, when you report your identity crime to the Tomball Police Department, all of the relevant
information from your case is entered into our database which will allow us to cross-reference your report with
potential suspects who are involved in or arrested on other cases. Your case will not be processed without
the inclusion of these supporting documents.
Tomball Police Department’s
Financial Crimes Victim’s Packet
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
NOTE:
If you suspect someone is using your personal information for employment and there is no evidence of
other identity fraud, please see the section for contacting the Social Security Administration under
Additional Useful Information. Do not contact the employer directly as that may warn the suspect
employee.
If your name and/or information is used by someone else to avoid a traffic ticket or any criminal
prosecution, please contact the agency investigating the original crime. It may not be necessary to
complete this packet.
Helpful Hints:
Remember that each creditor has different policies and procedures for correcting fraudulent accounts.
Keep copies of everything you provide to the creditors or companies involved in the identity theft.
Write down all dates, times and names of individuals you speak to regarding the identity theft and
correction of your credit.
Step 1: Contact the involved institution
If the theft involved existing bank accounts (checking or savings accounts as well as credit or debit cards) you
should:
Close the account that was used fraudulently or put stop payments on all outstanding checks that might
have been written without your knowledge.
Close all credit card accounts that were used fraudulently.
Close any account accessible by debit card if it has been accessed fraudulently.
Open new accounts protected with a new secret password and/or new personal identification number
(PIN).
If the identity theft involved the creation of new accounts, you should:
Call the involved financial institution or business and notify them of the identity theft.
They will likely require additional notification in writing. (see step 4)
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Step 2: Contact a credit bureau & request a copy of your credit report
Request the credit bureaus place a “Fraud Alert” on your file which will provide notice that you have been the
victim of identity theft. Merchants and financial institutions may opt to contact you directly before any new
credit is taken out in your name. Some states allow for a Security Freeze in which a PIN can be designated for
your credit file which must then be given in order for credit to be extended. Ask the credit reporting bureaus if
your state is participating in the Security Freeze Program.
www.annualcreditreport.com-provides one free credit report, per credit bureau agency, per year, with
subsequent credit reports available at a nominal fee. We request that you attach a copy of your most
recent credit report highlighting the unauthorized activity and sending it with your Financial Crimes
Complaint Form.
The following is a list of the three (3) major credit reporting bureaus for victims to report fraud:
www.equifax.com www.transunion.com www.experian.com
Consumer Fraud Division Fraud Victim Assistance Dept. National Consumer Assistance
800-525-6285 800-680-7289 888-397-3742
Step 3: File a report with the Federal Trade Commission
You can go on-line to file an identity theft complaint with the FTC at www.FTC.gov and click on the ID Theft
icon or by calling 1-877-IDTHEFT.
Step 4: Contact creditors involved in the Financial Crime
This step involves contacting all companies or institutions that provided credit or opened new accounts for the
suspect or suspects both by phone and in writing. Some examples include banks, utility companies, mortgage
companies, telephone companies, cell phone companies, doctor’s offices, etc. Provide the creditors with the
completed Financial Crimes Affidavit (some may require that you use their own affidavit) located at the end of
this packet.
Financial Crimes Affidavit Requests information regarding you as the victim, how the fraud occurred,
law enforcement’s actions, documentation checklist and Fraudulent Account Statement. NOTE: Some
creditors, financial institutions, or collection agencies have their own affidavit that you may have to
complete.
Fair and Accurate Credit Transactions Act (FACTA) Allows for you to obtain copies of any and all
records related to the fraudulent accounts. You will then be permitted to provide law enforcement with
copies of the records you received related to the fraudulent accounts; thereby allowing us to bypass the
sometimes difficult process of obtaining subpoenas for the very same information. It also allows you to
request the information be made available to the Tomball Police Department.
Letters of Dispute Needs to be completed for every creditor involved in the financial crime. The
letter of dispute should contain information related to the fraudulent account(s), your dispute of the
account(s), and your request for the information to be corrected. In addition, the letter should reference
FACTA and make a request for copies of any and all records related to the fraudulent accounts be
provided to you and made available to the Tomball Police Department.
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Step 5: Submit collected information and records
Submit the Financial Crimes Complaint Form (pages 6-9 of this packet) and copies of all information and
records obtained from the creditors with regard to the fraudulent accounts to:
Tomball Police Department
Criminal Investigations Division
Financial Crimes
Tomball, Texas 77375
Or Fax to 281-351-2615
To avoid confusion, and to ensure that all items are forwarded to the assigned detective, we request that you
submit everything at one time and, if possible, do not send items separately. Be sure to write your police
report number on all items submitted. The types of document evidence needed are listed on the next page.
The information can be hand delivered or mailed. Please remember that some victims are only interested
in the correction of their credit and do not necessarily wish for prosecution. Therefore, we request that
you only submit this packet to the Tomball Police Department if you desire prosecution and would be
willing and available to appear and testify in court should a suspect be identified and arrested.
Additional Useful Information
Post Office If you suspect that your mail has been stolen or diverted with a false change-of-address
request, contact your local postal inspector. You can obtain the address and telephone number of the
postal inspector for your area at United States Postal Service website:
www.usps.com/ncsc/locators/findis.html or by calling 800-275-8777.
Social Security Administration If you suspect that someone is using your social security number to
obtain employment, contact the Social Security Administration’s fraud hotline at 1-800-269-0271. Order a
copy of your Personal Earnings and Benefit Estimate Statement (PEBES) to check the accuracy of your
work history on file with the Social Security Administration. You can obtain a PEBES application at your
local Social Security office or at www.ssa.gov/online/ssa-7004.pdf
Internal Revenue Service The IRS Office of Special Investigations can be contacted at www.IRS.gov
to report false tax filings, potential criminal violations of the Internal Revenue Code and related financial
crimes.
If you are contacted by a collection agency about a debt for which you are not responsible,
immediately notify them that you did not create the debt and that you are a victim of identity theft. Follow
up with the collection agency and creditor in writing and include a copy of your police report, ID Theft
Affidavit, Letter of Dispute and a copy of the FACTA Law.
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Documentation for Prosecution
The following items of evidence should be obtained by the victim by using the sample letters to dispute
charges and requesting all documentation related to the account(s). This evidence will greatly assist us in
initiating an investigation.
If your existing accounts are being accessed, please obtain the following types of documents:
o Bank statements or bills showing where the transactions occurred
Circle or underline the fraudulent transactions as using a highlighter may make it
impossible to read photocopies
Attempt to obtain a physical address for the transactions from your bank
o Bills from companies showing merchandise ordered
Addresses where items were delivered
Tracking information from delivery company verifying shipment receipt
Phone numbers/IP addresses associated with the order
o Any information from the creditor that shows how or where the account was used
o The name and phone number of any representatives from the businesses you deal with
If new accounts have been opened in your name please obtain the following:
o Bank statements that you may have received for accounts that are not yours
o Credit reports showing the accounts that are not yours
Circle or underline all accounts that are not yours as using a highlighter may make it
impossible to read photocopies
o Bills from utility companies for accounts you did not open
o Letters or documentation from creditors or utility companies that contain
Copies of applications for credit
How the account was opened. (in person, over the phone, on internet)
Where the account was opened if done in person
Where the account is being used (addresses of transactions)
Address where any cards, bills, merchandise or correspondence was mailed
Any phone numbers associated with the fraudulent account
o The name and/or employee number and phone number of any representatives from the
businesses you deal with
Credit card fraud and check forgeries: Complaint forms and supporting documents are only
necessary if a suspect has been identified or you have been contacted by an investigator requesting
this information. Expected documentation is not only a statement of the fraudulent charges but
the exact location and specific date and time of the transaction, not the posted date/time.
Please note: Due to the volume of cases and the lack of success of identifying suspects from
surveillance video systems, investigators will not request video without additional substantive
information that would lead to the identification of the suspect.
All packets received will be reviewed and evaluated to determine if there are viable leads for
investigators to pursue. Although not every packet may be assigned for further investigation,
we will notify you of our determination. Incomplete packets will not be processed.
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Tomball Police Department Report #:
Tomball Police Department
400 Fannin St.
Tomball, Texas 77375
281-351-5451/ 281-351-2615 fax
FINANCIAL CRIMES COMPLAINT FORM
This form should be mailed to the above address along with documents supporting your claim (see page 5). The
information you provide will be used to understand what occurred, organize the investigative case, determine where
evidence might be found, and determine what financial institutions should be contacted in the course of the investigation.
Incomplete complaint forms will not be processed.
Date this form was filled out: Email address: _______ ____________________
Complete Name (print):
Driver’s License # & state: Date of Birth: SSN#:
Home Address: City: State: Zip:
Home Phone: Cell Phone: Work Phone:
Employer: Work Address:
Do you know the suspect? YES NO
If yes, what is their relationship to you?
Suspect Information: Name
Race: Sex: Date of Birth: Age: Ht: Wt:
Address: City: State: Zip:
How did you become aware of the identity crime?
What is the full name, address, DOB, and other identifying information that the fraudulent activity was made under?
What documents and identifying information were stolen and/or compromised?
Do have any information on a suspect in the financial crime?
YES
NO
Please list any documents fraudulently obtained in your name (driver’s license, social security cards, etc.)
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Tomball Police Department Report #:
The following accounts were opened, modified or used without my knowledge, permission or
authorization.
If you are reporting a forgery or credit card abuse on your personal account, please indicate if the
credit card company or bank has reimbursed you for this loss in the last column.
Creditor
Name/Address
Account
Number
Date Issued
or Opened
Amount/
Value
Reimbursed
(yes/no)
Example:
Any Bank
111 Any Street
Anytown, TX 77375
01234567-89
01/01/2020
$25,000
N/A
Please note the phone number and claim reference number, if applicable.
You only need to report your identity theft to one of the three credit bureaus; they will communicate
with each other. Please indicate which credit bureau you contacted and when.
Equifax
Date contacted
TransUnion
Date contacted
Experian
Date contacted
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Tomball Police Department Report #:
TOMBALL POLICE DEPARTMENT
Affidavit of Fact
(Print additional pagers of the affidavit as needed)
I have been informed that under the Penal Code of the State of Texas, Section 37.02; A person commits
the offense of "Perjury" if, with the intent to deceive, and with the knowledge of a statements meaning,
he makes a false statement under oath or swears to the truth of a false statement previously made, and
the statement is required or authorized by law to be made under oath.
I have read each page of this statement consisting of ___pages (s), each page of which bears my signature,
and correction, if any, bear my initials. Under penalty of perjury, I hereby state, under oath, that the facts and
matters stated herein are within my personal knowledge and are true and correct.
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Signature: Date:
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Additional Information and Sample Letters
If you suspect an internet scam:
Because internet scams are so varied, resolving cases is often a lengthy process. In many cases, there is no
satisfaction for the victim and recouping losses can be difficult. Follow these steps to protect yourself.
Review your accounts
If any fraud activity occurs, follow the Identity Theft resolution instructions.
Contact credit reporting agencies
Check your credit report for unauthorized new accounts. If a fraudulent account is opened, follow the Identity
Theft resolution instructions and put a fraud alert on your credit profile.
Contact your financial institutions
Contact them to open new accounts, change your PIN, and/or have your credit/debit cards canceled and
reissued.
File a complaint
Contact the Federal Trade Commission (FTC) www.ftc.gov and the Internet Crime Compliant Center
(IC3) http://www.ic3.gov/default.aspx to file a report.
Contact the company
Contact the website hosting the fraudulent seller, and let them know. They may have policies in place to help
you recover your money.
For more information on business identity theft:
Visit the FBI’s cyber investigations website www.fbi.gov/investigate/cyber for details on how to protect yourself.
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Dispute Letter for Credit Card Charges
This sample letter will help you dispute unauthorized transactions on your credit card.
The text in [brackets] indicates where you must customize the letter.
[Date]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Name of Creditor]
[Fraud Department (companies may specify an address to receive fraud dispute letters), or Billing
Inquiries Department]
[Address]
[City, State, Zip Code]
[RE: Your Account Number (if known)]
Dear Sir or Madam:
I am writing to dispute a fraudulent charge on my account in the amount of $______. I am a victim of identity
theft, and I did not make or authorize this charge. I am requesting that the charge be removed, that any finance
and other charges related to the fraudulent amount be credited, as well, and that I receive an accurate
statement. This request is made pursuant to the Fair Credit Billing Act’s amendments to the Truth in Lending
Act, 15 U.S.C. §§ 1666-1666b, 12 C.F.R. § 226.13. See also 12 C.F.R. § 226.12(b).
Enclosed are copies of [use this sentence to describe any enclosed information, such as sales slips,
payment records] supporting my position. Please investigate this matter and correct the billing error as soon
as possible.
Sincerely,
[Your Name]
Enclosures: [List what you are enclosing.]
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Dispute Letter for ATM/Debit Card Transactions
This sample letter will help you dispute unauthorized transactions on your ATM or debit card.
The text in [brackets] indicates where you must customize the letter.
[Date]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Name of Company]
[Address]
[City, State, Zip Code]
RE: Notice of stolen/lost [or unauthorized use of] ATM/Debit Card Account Number [Your account number
(if known)]
Dear Sir or Madam:
I am the victim of identity theft. My ATM/Debit card was lost or stolen [or was used for an unauthorized
transaction] on [insert date]. I did not authorize any transactions on or after this date, and I did not authorize
anyone else to use my ATM/Debit card in any way.
I am notifying you, pursuant to the Electronic Fund Transfer Act, and implementing Regulation E, 15 U.S.C. §
1693 et seq., 12 C.F.R. § 205, of my lost [or stolen] ATM/Debit Card [or unauthorized transaction]. See
especially 12 C.F.R. §§ 205.6, 205.11. I request that you investigate any unauthorized transactions involving
this card, including but not limited to the following:
[List of unauthorized transactions].
I am attaching a copy of each of the following documents to this letter:
1. A copy of my Identity Theft Report which includes:
my FTC Identity Theft Report
the police report about the theft of my identity
2. The FTC Notice to Furnishers of Information
Please close the account [if applicable] and restore any funds which have been withdrawn from my account
[if applicable]. Please also notify me in writing of the results of your investigation or if you have any questions
regarding this notice or my requests. [As applicable] Please send me written confirmation that [any funds
have been restored] and [the account has been closed].
Sincerely,
[Your Name]
Enclosures: [List what you are enclosing]
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Dispute Letter to a Credit Bureau
This sample letter will help you dispute inaccurate information on your credit report.
The text in [brackets] indicates where you must customize the letter.
[Date]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
(Write to each relevant credit reporting agency, one at a time:)
Equifax
P.O. Box 105069
Atlanta, GA 30348-5069
-or-
Experian
P.O. Box 9554
Allen, TX 75013
-or-
TransUnion
Fraud Victim Assistance Department
P.O. Box 2000
Chester, PA 19016
[RE: Your Account Number (if known)]
Dear Sir or Madam:
I am a victim of identity theft and I write to dispute certain information in my file resulting from the crime. I have
circled the items I dispute on the attached copy of the report I received. The items I am disputing do not relate
to any transactions that I have made or authorized. Please remove/correct this information at the earliest
possible time.
[This/These] item(s) [identify item(s) disputed by name of the source, such as creditors or tax court,
and identify type of item, such as credit account, judgment, etc.] [is/are] [inaccurate or incomplete]
because [describe what is inaccurate or incomplete about each item, and why] . As required by section
611 of the Fair Credit Reporting Act, 15 U.S.C. § 1681i, a copy of which is enclosed, I am requesting that the
item(s) be removed [or request another specific change] to correct the information.
[If applicable: Enclosed are copies of [describe any enclosed documentation, such as payment
records, court documents] supporting my position.] Please reinvestigate [this/these matter(s)] and
[delete or correct] the disputed item(s) as soon as possible.
Sincerely,
[Your Name]
Enclosures: [List what you are enclosing]
Proof of identity: [a copy of my driver’s license/other government-issued identification card/other]
Copy of Credit Report
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Dispute Letter to a Company (for a new account)
This sample letter will help you dispute a fraudulent account that was opened in your name.
The text in [brackets] indicates where you must customize the letter.
[Date]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Name of Company]
[Fraud Department (companies may specify an address to receive fraud dispute letters), or Billing
Inquiries Department]
[Address]
[City, State, Zip Code]
[RE: Your Account Number (if known)]
Dear Sir or Madam:
I am a victim of identity theft and I am writing to dispute certain information you have reported about me to the
credit reporting agencies (CRAs). I have enclosed a copy of my FTC Identity Theft Report and my credit report
showing the items that I dispute. [Consumers should redact information from both reports that is
unrelated to the dispute with this company.] Because the information you are reporting is the result of
identity theft, and does not reflect my activities, I am requesting that you stop reporting this information to the
CRAs pursuant to section 623(a)(1)(B) of the Fair Credit Reporting Act, 15 U.S.C. §1681s-2(a)(1)(B). I ask that
you take these steps as soon as possible.
Enclosed are copies of [use this sentence if applicable and describe any additional enclosed
documentation] supporting my position. Also enclosed is a copy of the Notice to Furnishers issued by the
Federal Trade Commission, which details your responsibilities under the Fair Credit Reporting Act as an
information furnisher to CRAs. Please cease reporting this information to the CRAs, investigate [this/these
matter(s)], and delete the disputed item(s) as soon as possible.
Please send me a letter documenting the actions you have taken to absolve me of any responsibility for the
information I am disputing, which resulted from the identity theft.
Sincerely,
[Your Name]
Enclosures: [List what you are enclosing]
Identity Theft Report
Proof of identity: [a copy of my driver’s license/other government-issued identification card/other]
Credit report with disputed information indicated
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Dispute Letter to a Company (for an existing account)
This sample letter will help you dispute fraudulent charges or activity on your existing accounts.
The text in [brackets] indicates where you must customize the letter.
[Date]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Name of Company]
[Fraud Department (companies may specify an address to receive fraud dispute letters), or Billing
Inquiries Department]
[Address]
[City, State, Zip Code]
[RE: Your Account Number (if known)]
Dear Sir or Madam:
I am writing to dispute [a] fraudulent charge(s) on my account in the amount(s) of $______, and posted on
[dates]. I am a victim of identity theft, and I did not make [this/these] charge(s). I request that you remove the
fraudulent charge(s) and any related finance charge and other charges from my account, send me an updated
and accurate statement, and close the account (if applicable). I also request that you cease reporting the
inaccurate information to all of the nationwide credit reporting agencies (CRAs) to which you provided it.
Enclosed is a copy of my Identity Theft Report supporting my position, and a copy of my credit report showing
the fraudulent items related to your company that are the result of identity theft. [Consumers should redact
information that is unrelated to the dispute with this company.] Also enclosed is a copy of the Notice to
Furnishers issued by the Federal Trade Commission, which details your responsibilities under the Fair Credit
Reporting Act as an information furnisher to CRAs. The Notice also specifies your responsibilities when you
receive notice from a CRA, under section 605B of the Fair Credit Reporting Act, that information you provided
to the CRA may be the result of identity theft. Those responsibilities include ceasing to provide the inaccurate
information to any CRAs, and ensuring that you do not attempt to sell or transfer the fraudulent debts to
another party for collection.
Please investigate this matter and send me a written explanation of your findings and actions.
Sincerely,
[Your Name]
Enclosures: [List what you are enclosing]
Identity Theft Report
Proof of identity: [a copy of my driver’s license/other government-issued identification card/other]
Credit report with disputed information indicated
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Request Letter for Getting Business Records Related to Identity Theft
This sample letter will help you get business records relating to the identity theft (like signatures, receipts, and
contact information).
The text in [brackets] indicates where you must customize the letter.
[Date]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Name of Company]
[Address specified by the company for 609(e) requests, or, if none is specified, the address for the
Fraud Department or Billing Inquiries Department]
[City, State, Zip Code]
RE: Request for Records Pursuant to Section 609(e) of the Fair Credit Reporting Act
[Description of fraudulent transaction/account]
[Dates of fraudulent transaction or Account Number (if known)]
Dear Sir or Madam:
I am a victim of identity theft. The thief [made a fraudulent transaction/opened a fraudulent account] in my
name with your company. In accordance with section 609(e) of the Fair Credit Reporting Act, 15 U.S.C. §
1681g(e), I am requesting that you provide me copies of business records relating to the fraudulent
[transaction/account] identified above. The law directs that you provide these documents at no charge, and
without requiring a subpoena, within thirty (30) days of your receipt of this request. I am enclosing a copy of the
relevant federal law and the Federal Trade Commission’s business education publication on this topic.
Enclosed with this request is the following documentation, as applicable:
1. Proof of my identity: A copy of my driver’s license, other government-issued identification card, or other
proof of my identity; and
2. Proof of my claim of identity theft:
o A copy of the police report about my identity theft; and
o A completed and signed FTC Identity Theft Report or alternative affidavit of fact.
Please provide all records relating to the fraudulent [transaction/account], including:
Application records or screen prints of internet/phone applications
Statements/invoices
Payment/charge slips
Investigator’s summary
Delivery addresses
All records of phone numbers used to activate or access the account
Any other documents associated with the account
Please send these records to me at the above address.
[If applicable: In addition, I authorize the law enforcement officer who is investigating my case to
submit this request on my behalf and/or receive copies of these records from you. The law
enforcement officer’s name, address and telephone number is: [insert officer name, address and
telephone]. Please also send copies of all records to this officer.]
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
If you have any questions concerning this request, please contact me at the above address or at [your
telephone number].
Sincerely,
[Your Name]
Enclosures: [List what you are enclosing]
Identity Theft Report
Proof of identity: [a copy of my driver’s license/other government-issued identification card/other]
Fair Credit Reporting Act Section 609(e)
A copy of Businesses Must Provide Victims and Law Enforcement with Transaction Records Relating to
Identity Theft
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Identity Theft Letter to a Debt Collector
This sample letter will help you request that a debt collector stop collecting debts that you don’t owe.
The text in [brackets] indicates where you must customize the letter.
[Date]
[Your Name]
[Your Address]
[Your City, State, Zip Code]
[Name of Credit Collection Company]
[Company Address]
[City, State, Zip Code]
[RE: Your Account Number (if known)]
I am a victim of identity theft. An identity thief used my personal information without my permission to open an
account and make purchases with [name of business where account was opened]. This debt is not mine. I
have enclosed proof of my identity and a copy of my FTC Identity Theft Report.
In accordance with the Fair Debt Collection Practices Act, I am asking you to stop collection proceedings
against me and stop communicating with me about this debt, except as the Fair Credit Reporting Act allows. I
also ask that you notify [the business where the account was opened] and tell them the debt is the result of
identity theft.
[Provide details about what happened. Include the dates and amounts of fraudulent transactions.]
I have enclosed a copy of the Federal Trade Commission’s Notice to Furnishers of Information. It explains your
responsibilities under the Fair Credit Reporting Act (FCRA). The FCRA requires that debt collectors give an
identity theft victim documents related to an account if the victim asks. Please send me copies of all records
relating to the account, including:
Account applications made on paper, online, or by telephone
Account statements or invoices
Records of payment or charge slips
Delivery addresses associated with the account
Records of phone numbers used to activate or access the account
Signatures on applications and accounts
Investigators report
Please send me a letter explaining what you have done to:
Inform [business where the account was opened] that the debt is the result of identity theft
Stop collection proceedings against me
Stop reporting information about the debt to credit reporting companies
Provide me with the records I request
Thank you for your cooperation.
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
Sincerely,
[Your Name]
Enclosures: [List what you are enclosing]
Identity Theft Report
Proof of identity: [a copy of my driver’s license/other government-issued identification card/other]
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
FCRA 609(e) (15 U.S.C. § 1681g(e))
Disclosures to Consumers Information Available to Victims
(e) Information available to victims
(1) In general. For the purpose of documenting fraudulent transactions resulting from identity theft, not
later than 30 days after the date of receipt of a request from a victim in accordance with paragraph (3),
and subject to verification of the identity of the victim and the claim of identity theft in accordance with
paragraph (2), a business entity that has provided credit to, provided for consideration products, goods,
or services to, accepted payment from, or otherwise entered into a commercial transaction for
consideration with, a person who has allegedly made unauthorized use of the means of identification of
the victim, shall provide a copy of application and business transaction records in the control of the
business entity, whether maintained by the business entity or by another person on behalf of the
business entity, evidencing any transaction alleged tobe a result of identity theft to
(A) the victim;
(B) any Federal, State, or local government law enforcement agency or officer specified by the
victim in such a request; or
(C) any law enforcement agency investigating the identity theft and authorized by the victim to take
receipt of records provided under this subsection.
(2) Verification of identity and claim. Before a business entity provides any information under paragraph
(1), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows
the identity of the victim making a request under paragraph (1), the victim shall provide to the business
entity
(A) as proof of positive identification of the victim, at the election of the business entity
(i) the presentation of a government-issued identification card;
(ii) personally identifying information of the same type as was provided to the business
entity by the unauthorized person; or
(iii) personally identifying information that the business entity typically requests from new
applicants or for new transactions, at the time of the victim’s request for information,
including any documentation described in clauses (i) and (ii); and
(B) as proof of a claim of identity theft, at the election of the business entity--
(i) a copy of a police report evidencing the claim of the victim of identity theft; and
(ii) a properly completed--
(I) copy of a standardized affidavit of identity theft developed and made available by the
Commission; or
(II) an [FN1] affidavit of fact that is acceptable to the business entity for that purpose.
(3) Procedures. The request of a victim under paragraph (1) shall--
(A) be in writing;
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(B) be mailed to an address specified by the business entity, if any; and
(C) if asked by the business entity, include relevant information about any transaction alleged to
be a result of identity theft to facilitate compliance with this section including--
(i) if known by the victim (or if readily obtainable by the victim), the date of the application
or transaction; and
(ii) if known by the victim (or if readily obtainable by the victim), any other identifying
information such as an account or transaction number.
(4) No charge to victim. Information required to be provided under paragraph (1) shall be so provided
without charge.
(5) Authority to decline to provide information. A business entity may decline to provide information
under paragraph (1) if, in the exercise of good faith, the business entity determines that--
(A) this subsection does not require disclosure of the information;
(B) after reviewing the information provided pursuant to paragraph (2), the business entity does
not have a high degree of confidence in knowing the true identity of the individual requesting the
information;
(C) the request for the information is based on a misrepresentation of fact by the individual
requesting the information relevant to the request for information; or
(D) the information requested is Internet navigational data or similar information about a
person’s visit to a website or online service.
(6) Limitation on liability. Except as provided in section 1681s of this title, sections 1681n and 1681o of
this title do not apply to any violation of this subsection.
(7) Limitation on civil liability. No business entity may be held civilly liable under any provision of
Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.
(8) No new recordkeeping obligation. Nothing in this subsection creates an obligation on the part of a
business entity to obtain, retain, or maintain information or records that are not otherwise required to be
obtained, retained, or maintained in the ordinary course of its business or under other applicable law.
(9) Rule of construction
(A) In general. No provision of subtitle A of title V of Public Law 106-102, prohibiting the
disclosure of financial information by a business entity to third parties shall be used to deny
disclosure of information to the victim under this subsection.
(B) Limitation. Except as provided in subparagraph (A), nothing in this subsection permits a
business entity to disclose information, including information to law enforcement under
subparagraphs (B) and (C) of paragraph (1), that the business entity is otherwise prohibited
from disclosing under any other applicable provision of Federal or State law.
(10) Affirmative defense. In any civil action brought to enforce this subsection, it is an
affirmative defense (which the defendant must establish by a preponderance of the evidence) for a
business entity to file an affidavit or answer stating that
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Tomball Police Department
400 Fannin St. Tomball, TX 77375
(A) the business entity has made a reasonably diligent search of its available business records;
and
(B) the records requested under this subsection do not exist or are not reasonably available.
(11) Definition of victim. For purposes of this subsection, the term “victim” means a consumer whose
means of identification or financial information has been used or transferred (or has been alleged to
have been used or transferred) without the
authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar
crime.
(12) Effective date. This subsection shall become effective 180 days after December 4, 2003.
(13) Effectiveness study. Not later than 18 months after December 4, 2003, the comptroller General of
the United States shall submit a report to Congress assessing the effectiveness of this provision.