Blame lenders, not thieves, for identity theft
Without lax lending
policies, thieves might still get your personal data. But stealing it wouldn't
be nearly as profitable.
By
Liz
Pulliam Weston
Now that intruders have raided a second big consumer database, we're bound to
hear lots more calls for increased federal oversight of the companies that buy
and sell our personal information.
What will get far less attention, unfortunately, is the fact that these
incursions wouldn't be so incredibly damaging to consumers' finances if lenders
didn't make that information worth stealing in the first place.
Think about it: The only reason an identity thief cares about knowing your
Social Security Number or other private data is that it can be used to open
accounts in your name and commit fraud. Lax verification procedures at credit
card companies and other financial institutions make that possible -- even easy.
�Companies are so eager to grant credit,� said Linda Foley, executive director
of the
Identity Theft Resource Center, �that they will grant it to almost anyone
for any reason.�
How ID theft became big business
Identity theft is now America�s leading consumer complaint, according to the
Federal Trade Commission, with an estimated 10 million new victims each year.
The thefts range from opportunistic one-time events to huge, organized crime
rings racking up millions of dollars in fraudulent charges each year.
In the two recent cases, thieves posed as legitimate customers to gain access to
databases compiled by ChoicePoint and by its rival, LexisNexis. LexisNexis'
corporate parent said personal information on as many as 32,000 consumers was
compromised; in the ChoicePoint raid, as many as 145,000 people had their
information stolen. At least 750 so far have become the victims of fraud.
Consumers are basically helpless. They have no choice about being part of these
massive databases, since the companies can legally collect and sell the
information without consumers' permission.
And once their information is compromised, there's not a lot they can do to
prevent the thieves from opening up accounts. But the thieves wouldn't be able
to take over consumers' credit accounts, or get new credit in a victim's name,
without plenty of help from careless banks, credit-card issuers and other
lenders.
Some of the most common lending practices include:
- Granting credit with incomplete and inaccurate identifying information.
- Ignoring fraud alerts on consumers� credit reports (a new federal law
prohibits this, but consumer advocates aren't sure how well the prohibition
will work in practice).
- Sending out unsolicited applications and "convenience" checks.
- Continuing to report inaccurate information to credit bureaus.
- Ignoring and thwarting law enforcement attempts to investigate ID theft.
"The industry is highly competitive, and credit issuers are still making more
money signing up new customers than they are losing from fraudulent accounts,"
said Beth Givens, executive director of the Privacy Rights Clearinghouse .�Of
course, victims of identity theft are the collateral damage of this diabolical
business model.�
The typical identity-theft victim, according to the clearinghouse, spends about
175 hours and $800 trying to clear up his or her credit report. Even consumers
who aren�t victims pay in the form of higher interest rates and fees, thanks to
rising fraud.
Here�s just a sample of how lenders aid and abet the bad guys:
Sloppy credit-granting practices
You would think that thieves would need more than one or two pieces of
identifying information to steal your credit. You�d be wrong.
Lenders regularly open accounts without correct names, addresses or picture ID,
identity-theft experts say.
�The Social Security number might be right but the name is slightly wrong and
the address is wrong,� said Steve Blackledge, legislative director for the
California Public Interest Research Group, known as
CalPIRG, which issued a report about law-enforcement response to identity
theft. �Most of this (credit granting) is computerized, and the computers aren�t
catching it.�
The thief who stole Tom Richard�s identity got Sears to issue two MasterCards --
and to send them to a different address than the one listed on Richard�s credit
report.
Richard, a Huntington Beach, Calif., resident, said Sears told him the
application was taken over the phone and that enough information on the
application matched his credit report for the company to issue the card. Sears
sent a letter to Richard�s correct address advising him the card had been
issued, which allowed him to call and report the fraud. But he was amazed that
the company had granted the credit in the first place.
�I know that it is impossible to stop fraud,� he said, �but under these
circumstances, shouldn�t Sears require the perpetrator to present in-person
positive identification . . . if they cannot verify the mailing address?�
Ignoring fraud alerts
Consumers have the right to ask credit bureaus to put fraud or security alerts
on their credit reports. These alerts signal lenders that the consumer wants to
be contacted by phone before credit is granted. Typically, they�re placed by
consumers who have already been the victims of identity theft.
Incredibly enough, lenders frequently ignore these alerts.
�Lenders say it�s too expensive for them to verify every credit application� by
phoning the consumer, Foley said. Lenders are now required to make a "reasonable
effort" to contact consumers before opening new accounts, but there's been
little guidance about what that might constitute.
Unsolicited credit-card offers and �convenience�
checks
You can add your name to the credit bureaus� �opt out� list, which removes you
from the mailing lists the bureaus sell to credit card issuers. (The number to
use is 888 5-OPT OUT or 1-888-567-8688.)
But as anyone who has signed up with the service can attest, the credit-card
solicitations keep coming, since not all lenders subscribe to the opt-out
service. By ignoring consumers� expressed wishes, these credit-card issuers give
thieves a relatively easy way to set up a bogus account.
It�s even harder to convince your current credit-card issuers to stop sending
those �convenience checks� -- which can be far more dangerous than a credit-card
application. All the thief has to do is fill out the check and sign it to have
instant access to cash.
Continuing to report disputed accounts
This is one of the reasons that cleaning up identity theft takes so long. A
victim reports identity theft to a merchant or lender, who promises to remove
the fraudulent charges or account from the consumer�s credit report. A few
months later, however, the bogus charges surface again.
�It�s a bookkeeping or recordkeeping issue,� Foley said. �You think you have it
cleared up, but it�s not properly noted in the file, so it�s reported again or
sent to collections.�
Financial planner Eileen Freiburger said she�s spent years getting fraudulent
accounts taken off of her credit report, but they keep reappearing. Her recent
mortgage refinancing nearly was derailed by an old, fraudulent charge for $4,000
that she thought had been deleted from her report.
Lenders and merchants �just don�t want to clear it up,� Freiburger said. �The
ball gets dropped.�
Refusing to cooperate with police
Law-enforcement agents say that one of the biggest frustrations they face in
investigating ID theft, besides a lack of resources, is lender stonewalling.
Investigators interviewed by CalPIRG said they regularly encountered lenders who
failed to return police calls, refused to provide copies of credit applications
and even ignored some search warrants.
Companies don�t have to honor search warrants issued by out-of-state courts,
Blackledge said, and many don�t.
Of course, some companies, stung by fraud losses too large to ignore, have taken
steps to curb the trend. They�re requiring more identification, honoring fraud
alerts and refusing to send goods or credit cards to addresses other than the
ones listed on applicants� credit reports. Some employ sophisticated software
that analyzes applications for possible fraud.
But many companies still are refusing to change their procedures, and so
identity theft continues to grow at an exponential pace.
�Unless some major changes are made in the way . . . credit issuers verify
applications and grant credit,� Foley warned, �then we may very well all become
victims of identity theft in our lifetime. It�s more of a reality now than a
threat.�
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