Law of the Sea

LEGAL CORNER

Have you or someone you know been a victim of Identity Theft?  Do you really understand the severity and prevalence of Identity theft?  What steps would you take if you became a victim?  Do you understand the laws that are in place to protect you in the event you are a victim of Identity theft?

Over the last few months in the news, there have been many reports about possible identity theft due to stolen computers with personal information or mishandling of credit card holder’s information etc….   Unfortunately, identity theft is on the rise, and it is one of the most prevalent crimes that occur.  It is up to us to maintain vigilance with protecting our valuable personal information, but even then, it is possible that you can be a victim of identity theft.  So, if it happens to you, what should you do?

First, when you find out, breath, calm down, Pray, and then take immediate actions.  Don’t wait to take action and don’t fear the unknown!  We are a Church of Excellence, Empowerment, Restoration,
and Healing and so we are sharing with you some information that will guide you in the right direction to take immediate action.

First, understand that the Identity Theft and Assumption Deterrence Act, enacted by Congress in October 1998 (and codified, in part, at 18 U.S.C §1028) is the federal law making identity theft a crime.  Under the Act, a name or social security number is considered a means of identification,
as is a credit card number, or any other information to identify a specific individual.  Violations of the Act are investigated by federal law enforcement agencies and prosecuted by the U.S. Department of
Justice.  In most instances, a conviction for ID theft carries a maximum penalty of 15 years imprisonment, a fine and forfeiture of any personal property used to commit the crime.  Many States also have passed laws.  Virginia, for example is Va. Code Ann.§18.2-186.3  So, you know the law and what to cite in your letters, but what do you actually do when you find out you are a victim?

1. Place a fraud alert on your credit reports and review your credit
reports.  Call the toll-free fraud numbers of any of the three major credit
bureaus to place an alert.  As soon as you call one, the other two will be
automatically notified and you will receive credit reports to review—free!

• Equifax- 1-800-525-6285
• Experian-1-800-397-3742
• TransUnion-1-800-680-7289

2. Close any accounts that have been tampered with or open
fraudulently.  This includes accounts with banks, credit cards, other
lenders, phone companies, utilities, etc..  If there are fraudulent accounts
open, you must complete an ID Theft Affidavit (available at www.ftc.gov/bcp/coline/pubs/credit/affidavit.pdf). If your checks have been stolen
contact TeleCheck at 1-800-710-9898.

3. File a report with your local police or the police where the ID theft
took place.  Keep a copy of the case number and report for your record to
validate your claims to creditors

4. File a complaint with the FTC.  By doing this, you will provide
important information to that can help law enforcement Agencies track
down thieves.  To file a complaint, call 1-877-IDTHEFT.

5. Sign up for a monitoring service.  When transactions occur, you
will be notified that new information has been added to your credit report.

6. Put Passwords on your accounts.  Call your creditors, banks, and
telephone service providers and password protect all your accounts

7. PRAY, RELAX, MONITOR your credit report, and be more vigilant
with your personal information.  

Remember, that the Fair Credit Reporting Act (FCRA) established procedures for correcting mistakes on your credit report. To protect your rights under the law, contact both the credit bureau and the information provider.   Also, in most cases, the Truth in Lending Act limits your liability for unauthorized credit card charges to $50 per card.  The Fair Credit Billing Act (FCBA) established procedures for resolving billing errors, on your credit card accounts.

This is your starting block!  There are other things you want to do, like get on the OPT-out list and marketing association lists, etc…To get more information about ID theft and what to do if you are a victim, please visit www.consumer.gov/idtheft.

Remember, knowledge is empowerment!  We are a Church of Excellence, Empowerment, Restoration and Healing that provide a Biblical basis for personal achievement in life and in Ministry!      

Maisha Scott, J.D.

DISCLAIMER:
The legal information contained in this website is intended to give you legal information not legal advice, and therefore does not constitute legal advice. The facilitators of this website provide this information as a source of informational empowerment.  The facilitators of this column try to do their best to make sure that the information is accurate and up to date, but the law changes rapidly. So we can not guarantee that all the information on the site is completely current, as the law and associate topics are not stagnant. The law is different from jurisdiction to jurisdiction, and even similar laws may be interpreted differently in different courts or in different states. The law is a personal matter, and no general information like the kind provide on this website can fit every circumstance, so you should do your due diligence and consult a licensed lawyer in your area whose practice is tailored
to your in specific issue, and who can provide you advice for your individual problem. In short, nothing provided herein should constitute legal advice. The Temple of Healing Waters COGIC is not responsible for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from
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