A new variation of identity theft has substantially gained in popularity over the last four years - child identity theft. Child identity theft occurs when a child's identity is used by another person for the imposter's personal gain. The perpetrator may be a family member or someone known by the family. It could also be a stranger who purposely targets children because of the lengthy time between the theft of the information and the discovery of the crime.  The Federal Trade Commission says child identity theft has tripled in the past three years.  The FTC reported 8500 cases in 2003, more than 14,000 in 2005, and 26,300 in 2006.

Children are often easy targets because thieves get an eight to ten year head start on them. In fact, most children who have had their identities stolen are not aware of it until they someday apply for credit, college, or employment.  Parents or relatives are usually the first to notice that something is not quite right. Some of these child identity theft cases involve split families (one of the parents is the perpetrator and the crime is exposed by the other, unoffending parent). Discovery often comes:

• When attempting to open a savings/checking account or college fund for the child. In this scenario, an unoffending parent discovers that there is already an account with that social security number or that a new account is denied due to prior worthless checks on file at Chex Systems;
• When numerous pre-approved credit offers come in the mail bearing the name of the child;
• When credit cards, checks, invoices or bank statements (not opened by a unoffending parent as a joint holder) are received bearing the name of the child;
• When collection agencies call and/or send letters about accounts not opened by the child;
• When a child is denied the privilege of obtaining a driver's license because another individual has a license with that social security number. The imposter may even have accumulated traffic citations in the child's name;
• While going through papers during a divorce proceeding or while straightening up the house (Parental identity theft)
• When a law enforcement officer knocks at your door with a warrant for the arrest of your child.

There are some cases that appear to be identity theft but are not. Receiving a pre-approved credit card offer in your child's name might upset you as a parent. However, it might only be an innocent marketing tool sent by a potential creditor because you opened a college fund for your child. A quick check of credit reports will help sort out the truth. Currently, all three credit reporting agencies have automated systems. You should contact them annually to request a credit report on your children. If you are advised that no credit report exists, your child is safe for the time being.  Equifax can be contacted at (800) 685-1111; Experian can be contacted at (888) 397-3742; and Trans Union can be contacted at (800) 916-8800.

A common misconception of most individuals is that creditors and credit reporting agencies have a method of verification when it comes to the age and identity of an applicant.  Since most creditors rely strictly upon the written application when rendering a credit granting decision and the age of an individual becomes "official" with a credit reporting agency upon the first application for credit, said reliance can be fatal in the area of identity theft.  This is a fault within our credit reporting system that needs to be rectified if we are to reduce the incidence of child identity theft.

If your child is the victim of identity theft, you should file a police report with your local law enforcement authority immediately.  Federal law mandates that the credit reporting agencies investigate and correct all identity theft issues.  Nevertheless, it all starts with a police report.  Without the police report, creditors and/or credit reporting agencies are not required to act upon your complaint.

Debt collectors are highly motivated to convince debtors to pay the debt because they frequently work on a low base pay plus commission. This business model has created the reputation for bill collection agencies that we know today.

The collector might engage in threatening behavior and harassment. However, like any other business they are governed by laws that prohibit certain abusive practices.

There are three reasons for a debt collector to contact you: your creditor has not received a payment from you within the time frame discussed in the contract; you are a victim of an identity theft meaning someone used your identity to obtain credit and didn't pay it off; and finally, you might be contacted by collectors who are looking for someone other than you .

When contacted by a collector, take as much information as possible from the caller. Ask for the name of the company, address, the caller name, fax and phone number, amount owned, and the name of the creditor who passed your account to them. Also, tell them you expect to receive a notice in the mail concerning this debt. The last step is very important because you need to have proof of the debt in question in writing.

If you discovered that the debt is not yours, never pay it off simply to get rid of the collector. Also, never ignore the collector either. They will not stop contacting you, and may even file a lawsuit against you. If you are repeatedly being contacted by a collector looking for someone other than you, it may be considered a form of harassment. To stop this you need to send them a letter requesting to cease calls.

If you established that the debt is yours and you don't feel comfortable dealing with a collector via phone, tell them you want all future correspondence in writing. You need to send this request via a certified mail and request a return receipt. If you want to allow calls only between 5pm and 6pm, tell them about it in the letter. By law collection companies are required to respect your privacy and will have to cease all phone calls to your home, relatives, neighbors, and work.

Once you have their claims in writing it's easier to seek legal help, and keep records of your correspondence.  Send all your responses to bill collectors via Certified Mail. This way you will have proof of receipt by the addressee.

Remember that the amount they claim you owe is negotiable. You can negotiate the total amount due, number of payments, and the payment deadline. Once you worked out the payment plan, request it in writing.

What a debt collector CANNOT do:

1.) Use deceptive practices. For example, threaten you with arrest or trick you into paying for collection calls.
2.) Use obscene language.
3.) Call you at work after you tell them that your boss does not approve these calls.
4.) Deny you the right to receive a written notice (within five days after your first phone conversation) that would tell you how much you owe and the name of the creditor that says you owe the money. If you do not receive the notice within five days, call the collection agency and ask for its address and fax number. Then, send a letter to the collector noting its failure to send you the required notice. As a minimum, make a note in your file.
5.) Refuse to give its name and the name of the collection company when asked.
6.) Put a debt on your credit report if you file a dispute. It must validate the debt by obtaining a verification of the debt or a copy of a judgment from the creditor before continuing their collection efforts. The results of the investigation must be mailed to you.

SAMPLE CEASE AND DESIST LETTER

The cease and desist letter has legal stature based upon the Fair Debt Collections Practices Act at section 805. You can read it for yourself here. The Fair Debt Collection Practices Act applies to both the agency and to attorneys who collect two or more debts per year. This law does not apply to the original creditor. However many original creditors will honor your request to not be called.

Please note that when a consumer debt collector receives a cease and desist letter they may move the account to legal status. This means that if they intend to sue you, the cease and desist letter will prompt them to bring suit immediately. So if there is an alternative way to stop being bothered by their calls, like using an answering machine, I'd suggest that you try it first. If there is no alternative then send the cease and desist letter.

Send the letter via certified mail with a return receipt request. Keep a copy of the letter for your files. The letter may take a couple of weeks to work its way through the collection agency's system before your number is taken out of their automated dialers. Even after they receive the letter they are allowed (under law) to contact you one time to notify you of their intent.

The below letter is easily personalized by utilizing a word document program. Although not the cease and desist letter currently utilized by Credit Restoration Consultants, it will serve to notify consumer debt collectors of your intent and purpose.  Although protected by copyright, single user permission is granted to individuals in the self help credit restoration process.

My Address
My City State and Zip

December 30, 2001

Acme Collection Agency
12345 West Main Street
Any Town, AL 30311

Dear Sir/Madam:

This letter is forwarded to your collection agency reference account number 123456 and the dunning collection notices/calls recently received. Insofar as your agency is a debt collector pursuant to section 803 of the Fair Debt Collection Practices Act, you will be treated like one. Therefore, the Fair Debt Collection Practices Act - and all of its relevant provisions - will be invoked.

YOU ARE HEREBY NOTIFIED that this is a disputed debt pursuant to section 809 of the Fair Debt Collection Practices Act. The specific content of said dispute was recently stated - verbally - to an individual at your agency who refused to provide their name upon request thereof. Pursuant to the FDCPA, you are prohibited from dunning a debtor when a specific debt is disputed.

YOU ARE FURTHER NOTIFIED that this is a disputed debt pursuant to section 623 of the Fair Credit Reporting Act. It is my belief that your agency has illegally reported this disputed debt to Equifax, Experian, and Trans Union. If this is the case, I will most certainly litigate an action against your agency insofar as it has willfully reported a disputed debt. Pursuant to the FCRA, your agency must notify the consumer reporting agencies of any disputed delinquency immediately upon notification thereof. A further cause of action may exist for failure to perform this ministerial task.

YOU ARE FURTHER NOTIFIED that I desire no further communication with your agency under section 805 of the Fair Debt Collection Practices Act. Your agency is to CEASE and DESIST all further communication immediately. Should I receive another piece of dunning correspondence that does not comport with the provisions of the FDCPA, I will immediately initiate litigation against your agency.


Sincerely,


John Q. Public



THIS IS AN ATTEMPT TO MAKE A DEBT COLLECTOR OBEY THE LAW. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM AN ALLEGED DEBTOR REFERENCE A DISPUTED DEBT.

Do you have bad credit? Need credit repair or credit restoration? Care to repair your own credit or even hire a credit service organization? Before you do so, you should tune into the Credit Restoration Consultants Hour with credit repair expert Bill Lewis. Bill can be heard weekday's on the 9's - both 9:00 a.m. and 9:00 p.m. eastern time - on AM 1470 WWNN. For those listening online, streaming audio can be accessed at www.CreditRestorationConsultants.com by clicking on the listen live link.

Credit Restoration Consultants is a credit service organization specializing in the restoration of consumer credit worthiness and identity theft. We assist consumers in achieving a favorable financial credit profile. Everything we do is legal utilizing laws enacted by Congress to dispute negative, erroneous, obsolete, and/or fraudulent information contained within your consumer credit profile.

Unlike most credit service organizations that submit the same written dispute letters monthly, Credit Restoration Consultants has devised a strategy whereby disputes are submitted verbally, electronically and in writing over a six month period to credit reporting agencies, creditors, collectors, and third-party record providers reporting negative, inaccurate and/or erroneous information. Utilizing the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Fair Credit Billing Act, the Fair and Accurate Credit Transactions Act, in addition to laws applicable to a particular state, Credit Restoration Consultants has obtained thousands of deletions and updates for its clients. Credit Restoration Consultants can help remove erroneous and/or inaccurate judgments, liens, bankruptcies, student loans, inquiries, derogatory tradelines, personal identifiers and more! The credit restoration process can take anywhere from 30 days to six months. Most clients see dramatic results in 45-60 days.

Utilizing the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Fair Credit Billing Act, and the Fair and Accurate Credit Transactions Act, Credit Restoration Consultants will assist a consumer in the submission of disputes electronically, verbally and in writing to the Equifax, Experian and Trans Union consumer reporting agencies in addtion to creditors, collection agencies and third-party record providers. Keep in mind that anything we do, you can do yourself. Where Credit Restoration Consultants has the edge is the fact we possess the knowledge and a source proven method which yields results.

Credit restoration is as legal as pleading "not guilty" in a court of law. With that said, though, one must understand that Credit Restoration Consultants is not a law firm and that none of its employees is an attorney licensed to practice law in the state of Florida. As such, Credit Restoration Consultants cannot provide legal advice nor represent any individual before any court or in any legal proceeding. In the event that legal representation is required, Credit Restoration Consultants may provide an appropriate referral for consultation.

For more information on Credit Restoration Consultants, please contact us telephonically at (954) 581-5050, online at www.TalkAboutCredit.com or tune into the Credit Restoration Consultants Hour with credit repair Expert Bill Lewis weekdays on the 9's (eastern time) on AM 1470 WWNN.