12 Identity Theft Crimes, Chapters 12.09-12.16

Question 1

What Texas Penal Code applies to Fraudulent Use or Possession of Identifying Information?

Answer 1

PC 32.51

Question 2

What Texas Penal Code applies to Mail Theft?

Answer 2

PC 31.20

Question 3

What Texas Penal Code applies to Fraudulent Use or Possession of Credit Card or Debit Card Information?

Answer 3

PC 32.315

Question 4

What does CCP 13.291 provide?

Answer 4

An offense under PC 32.31 may be prosecuted in any county in which the offense was committed or in the county of resident of the person whose card was unlawfully possessed or used by the defendant.

Question 5

What Texas Code of Criminal Procedure applies to the Procedure for Expunction?

Answer 5

CCP 55.02, Section 2a

Question 6

What does Texas Business and Commerce Code, Chapter 20, regulate?

Answer 6

Consumer Credit Reporting Agencies

Question 7

What does Texas Business and Commerce Code, Chapter 501, regulate?

Answer 7

Protection of Driver’s License and Social Security Numbers

Question 8

What does Texas Business and Commerce Code, Chapter 607, regulate?

Answer 8

Payment Card Skimmers on Motor Fuel Dispensers

Question 9

What does Texas Business and Commerce Code, Chapter 607.103 regulate?

Answer 9

Makes it a third-degree felony offense to dispose of a skimmer that had been installed on the payment terminal of a motor fuel dispenser when the skimmer installation is under investigation.

Question 10

What is the definition of a “security alert” in terms of identity theft crime?

Answer 10

A notice placed on a consumer file that alerts this consumer’s identity may have been used without the consumer’s consent to fraudulently obtain goods or services in the consumer’s name

Question 11

How does a security alert get posted to a consumer’s credit file?

Answer 11

The consumer must submit a request to the credit bureau in writing or by telephone, with proper identification.

Question 12

How soon must the credit bureau implement the security alert?

Answer 12

Within 24 hours of receiving the request

Question 13

What is the minimum length of time a security alert must remain in effect?

Answer 13

45 days

Question 14

How many security alerts may a consumer request?

Answer 14

There is no limit

Question 15

When must a credit bureau provide a copy of a consumer’s file to the consumer?

Answer 15

At the end of a 45-day security alert, or upon request of the consumer in writing or by telephone with proper identification

Question 16

What is a “security freeze”?

Answer 16

A notice placed on a consumer file that prohibits a consumer reporting agency from releasing a consumer report relating to the extension of credit involving that consumer file without the express authorization of the consumer

Question 17

How must a consumer request a security freeze?

Answer 17

The consumer must request a security freeze in writing, by certified mail, with proper identification

Question 18

How quickly must the credit bureau initiate the security freeze?

Answer 18

No later than the fifth business day after the date the agency receives the request

Question 19

What procedure is in place for a consumer with a security freeze on their account to authorize a specific credit request be allowed to go through?

Answer 19

The credit bureau must provide a PIN or password to be used by the consumer to authorize removal or temporary lifting of the security freeze

Question 20

What is an “active-duty alert”?

Answer 20

A member of the U.S. military may have an active-duty alert placed on his credit account while deployed to protect their credit records

Question 21

Where can you go to learn how to be a safe consumer and to learn what to do when a purchase or service goes wrong?

Answer 21

https://www.usa.gov/consumer

Question 22

Where can you go for identity theft resources and current scam trends?

Answer 22

https://www.consumer.ftc.gov/consumer-alerts

Question 23

Where can you go to investigate strategy, policy and training of identity theft and identity theft fraud?

Answer 23

https://www.justice.gov/criminal-fraud/identity-theft/identity-theft-and-identity-fraud

Question 24

Why do consumers who have been victims of identity theft crime need to make a police report as soon as they discover the problem?

Answer 24

Credit bureaus and insurance companies require a police report before they will begin to help repair the victim’s credit reports or pay insurance claims

Question 25

What is the reason for asking the consumer to complete an Identity Crime Incident Detail Form?

Answer 25

So, the investigator can (a) understand the type of incident that occurred; (b) organize the investigative case, (c) determine where evidence might be found, (d) develop a theory of how the identity theft occurred, and (e) determine what financial institutions should be contacted during the investigation.

Question 26

What information might the investigator ask the consumer to begin collecting?

Answer 26

Bank and credit card statements, letters from creditors, and merchant account statements; credit reports from the three major credit bureaus (Equifax, Experian, and Trans Union)

Question 27

What if the consumer refuses to gather the information the investigator asks for?

Answer 27

The investigator must obtain a subpoena from the courts to obtain victim credit histories

Question 28

What is the difference between credit or debit card abuse and identity fraud?

Answer 28

If a person’s existing debit or credit card number is used to make a fraudulent purchase, it is debit or credit card abuse. If an application is made for a new line of credit using a person’s stolen personal information, it is identity theft.

Question 29

When do you notify the FBI of an identity crime?

Answer 29

When stolen personal information is used to commit a bank fraud, governmental fraud, or in furtherance of an investment scheme, insurance fraud, etc., involving losses over $100,000.

Question 30

When do you contact the U.S. Secret Service about an identity crime?

Answer 30

Crimes that involve the seizure or recovery of any amount of identity crime devices, equipment, or product (i.e., skimmers); counterfeit identification documents, credit cards, or lists of personal identifiers

Question 31

When do you contact the U.S. Postal Service about an identity crime?

Answer 31

If an individual is taken into custody for committing a financial crime involving the U.S. mail.

Question 32

When do you contact Social Security Administration about identity crime?

Answer 32

If the crime involves the misuse of a Social Security number

Question 33

When do you contact the Federal Trade Commission regarding an identity crime?

Answer 33

All victims of identity crimes should report the crime to the Federal Trade Commission. They can help guide them through the process.

Question 34

When do you contact the Texas Department of Public Safety regarding an identity crime?

Answer 34

When the crime involves Driver’s Licenses.

Question 35

When should consumers contact the credit bureaus?

Answer 35

All victims of identity crimes should have fraud alerts and/or security freezes placed on their accounts

Question 36

When should consumers contact financial institutions?

Answer 36

Consumers should contact all financial institutions whose information has been compromised.

Question 37

When should consumers contact utility companies?

Answer 37

Consumers may want to alert utility companies who can watch their accounts for signs of unusual account activity

Question 38

What can law enforcement agencies do to educate the public about identity theft crime?

Answer 38

They can use Public Service Announcements, provide free resources provided by the FTC, take reports when asked, point people to IdentityTheft.gov

Question 39

How can you keep your personal information safe?

Answer 39

Do not give our personal information to someone who calls you. If you did not initiate the contact, do not give out any information.

Question 40

What if a business you use (day care, bank, etc.) asks you for personal information you don’t think they need?

Answer 40

Ask them why they need it, how they are going to protect it, and what will be the consequences if you are not comfortable giving it to them?

Question 41

What information should you carry with you?

Answer 41

Just what you need. Only take identification, credit and debit cards YOU NEED on that trip. If you don’t expect to go to that store, leave their card at home. Always leave your Social Security card at home.

Question 42

What personal information should you include on your check?

Answer 42

It is recommended that you DO NOT put your driver’s license, identification card number, or Social Security numbers on your checks. Do not have new checks mailed to your home address unless it is to a locked mailbox. It is not necessary to list your phone number

Question 43

What should you do if you notice a bill, you are expecting has not come?

Answer 43

Contact the company and alert them that your statement has not arrived. Frequently review your credit card and bank statements looking for charges you don’t recognize.

Question 44

What should consumers do to protect their medical records.

Answer 44

Check the statements from healthcare and insurance companies. Make sure there are no visits or charges you do not recognize

Question 45

How do you protect your prescription records?

Answer 45

Shred or use a marker you cannot see through to cross of all information on the pill bottle before throwing it in the trash. The codes on the labels can be reverse read and vital data can be discovered.

Question 46

How can consumers protect themselves from “dumpster divers”?

Answer 46

Shred anything with any personal information on it. This include receipts, bills, credit offers, credit applications, account statements, physician statements, checks, bank statements, expired charge cards, etc.

Question 47

How can consumers protect their Social Security number?

Answer 47

Never carry your card. Put it in a safe or some other secure location. Only give the number out when absolutely necessary. Most places only need the last four numbers, but even that may be enough for a sophisticated felon. Make a My Social Security account and check your information periodically.

Question 48

How can you protect your online information?

Answer 48

Create complex passwords that cannot be guessed. Change passwords if a company has a breach of its databases. Have different passwords for different companies. Do not give out personal information over the phone, through the mail, or over the internet unless you initiated the contact or know who you’re dealing with. Clean off electronics before disposing of them. Backup information regularly. Look for the encryption “lock” icon when using a shopping site. Don’t share personal information on social media sites.

Question 49

How can you protect your electronic devices?

Answer 49

Use security software (anti-virus and anti-spyware) and a firewall. Set preferences to either update automatically or to prompt you for updates. Do not open phishing emails – they carry malware. Do not download programs you did not initiate and that are sent by strangers. Do not send personal information over unsecure networks like airports, hotels, restaurants. Wait until you get home or use your personal phone hotspot. Do not keep the financial automatic login feature enabled on your laptop or phone. If they are stolen, it will be harder to get into your data.

Question 50

What should you do if you think or know your identity has been stolen?

Answer 50

File a police report; contact the Driver’s License office if your license is missing; notify any creditors and merchants you deal with that your information has been stolen; cancel any credit cards or accounts you find have been opened in your name and notify the companies that these are fraudulent activities; Notify your bank(s) asking them to flag your account and let you know if they see fraudulent activity in your file; cancel ATM cards; if checks were stolen, place stop payment orders on them; if you have to get new ATM cards, do not use the same password! Contact the Social Security Administration; notify the passport office if you have passport