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| Detective Division
Fraud Detail
What is identity theft?
Identity theft is when someone acquires key pieces of someone’s identity with the intent to commit fraud. Information such as name, date of birth, social security number, mother’s maiden name, etc., can help a criminal impersonate someone else. Once criminals have access to this information they can commit many different kinds of fraud using the victims identity.
ORS 165.800 Identity theft.
(1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.
(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol;
(b) Was under 18 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing tobacco products; or
(c) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) “Another person” means a real or imaginary person.
(b) “Personal identification” includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:
(A) A person’s name, address or telephone number;
(B) A person’s driving privileges;
(C) A person’s Social Security number or tax identification number;
(D) A person’s citizenship status or alien identification number;
(E) A person’s employment status, employer or place of employment;
(F) The identification number assigned to a person by a person’s employer;
(G) The maiden name of a person or a person’s mother;
(H) The identifying number of a person’s depository account at a financial institution, as defined in ORS 706.008, or a credit card account;
(I) A person’s signature or a copy of a person’s signature;
(J) A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;
(K) A person’s photograph;
(L) A person’s date of birth; and
(M) A person’s personal identification number. [1999 c.1022 §1; 2001 c.870 §3]
How to Protect Yourself
What should I do if I am the victim of identity theft?
If you are the victim of fraud, there are things you can do to minimize the damage now and perhaps, prevent a recurrence later. The guidelines below include several suggestions regarding whom to contact, along with where, why, and how. Act quickly and assertively to minimize the damage. As you have contact with various agencies and institutions, remember to keep a log of all conversations, including dates, names, and telephone numbers. Confirm conversations in writing. Keep copies of all letters and documents.
Be aware of (and make notations of) time and money spent in resolving related problems. A judgement or conviction may allow you to request restitution.
1. Report the crime to your local law enforcement department.
Ask for your case number and keep a record of it. If you are reporting the crime to the Portland Police Bureau, a high priority has been placed by the Records Division to provide a case number within 24 hours of receipt of your report. You may need your police report or case number when you report the fraud to the applicable financial intuitions. In Portland , call the non-emergency line at (503) 823-3333 to make your initial police report.
In addition to filing a police report also report identity theft to the Federal Trade Commission .
2. Contact the fraud departments of any one of the three major credit bureaus. You needto place a fraud alert on your credit file. The fraud alert requests creditors to contact you before opening any new accounts or making any changes to your existing accounts. As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts.
The three major credit bureaus are:
3. Order a copy of your credit report.
Free Credit Reports: Recent changes to the federal Fair Credit Reporting Act (FCRA) allow consumers to get a free copy of their credit report annually. Beginning December 1, consumers on the West Coast can take advantage of this offer by going to www.annualcreditreport.com or by calling 877-322-8228. 4. Once you receive your credit report.
Immediately contact all creditorswith whom your identity has been fraudulently used, by telephone and mail. Obtain new account numbers for those compromised accounts and ask that the old accounts be processed as “account closed at consumer’s request”. A “lost or stolen” card may be interpreted as blaming you for the loss. Check your mail thoroughly and regularly for any evidence of new fraudulent activity.
For additional information:
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