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No Justice For Victims of Identity Theft

chicksdaddy writes: The Christian Science Monitor's Passcode features a harrowing account of one individual's experience of identity theft. CSM reporter Sara Sorcher recounts the story of "Jonathan Franklin" (not his real name) a New Jersey business executive who woke up to find thieves had stolen his identity and racked up $30,000 in a shopping spree at luxury stores including Versace and the Apple Store. The thieves even went so far as to use personal info stolen from Franklin to have the phone company redirect calls to his home number, which meant that calls from the credit card company about the unusual spending went unanswered. Despite the heinousness of the crime and the financial cost, Sorcher notes that credit card companies and merchants both look on this kind of theft as a "victimless crime" and are more interested in getting reimbursed for their losses than trying to pursue the thieves. Police departments, also, are unable to investigate these crimes, lacking both the technical expertise and resources to do so. Franklin notes that he wasn't even required to file a police report to get reimbursed for the crime: "'As long as their loss is covered they move on to [handling] tomorrow's fraud,' Franklin observes. And that makes it harder for victims like Franklin to move on, 'In some way, I'm seeking some sense of justice,' Franklin said. 'But it's likely not going to happen.'"

12 of 190 comments (clear)

  1. Is it Suicide? by Anonymous Coward · · Score: 5, Funny

    I'd love to know if you could be charged with suicide if you kill somebody who has stolen your identity.

    Anybody know?

  2. I had this happen to me several years ago by JudgeFurious · · Score: 5, Interesting

    The amount only came to a few thousand dollars and it was done with a series of fake checks that the thieves printed up themselves and passed off at stores that were known at the time not to use any kind of check verification system but it still screwed my life up for months and even then nobody was really interested in catching the people who did it. The stores had pictures of them and everything but didn't pursue it (to my knowledge). My bank only wanted to get me to sign statements that I hadn't done it and they reimbursed my account all the money that had been taken.

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  3. The real problem is... by Anonymous Coward · · Score: 5, Insightful

    That you have an identity to steal. Our society needs to be a "lender beware" society more than relying on individuals to protect that which isn't in their power (nor the government's power) to protect. An "identity" isn't non-abstract enough to have legal meaning. I owe you money? Prove it beyond a reasonable doubt. (something they don't have to do today) Force lenders and credit card companies to take ownership of the issue, not individuals.

  4. Re:Get over it by YrWrstNtmr · · Score: 4, Insightful

    Until the next person who 'bought' that identity does the same thing.

    Having your space violated, either physical or online, is not always easy to get over. If your house is broken into and someone steals your TV, fine...you get a replacement TV. But you still feel 'violated'.

  5. That's partly how it should be by SecurityGuy · · Score: 5, Insightful

    The world at large should consider it mostly not your problem when someone opens a credit card account in your name. It should be as simple as saying "Nope, not me!", and it's actually the credit card company that has been defrauded, not you. That's why I really hate the term identity theft. I had that happen to me, and my identity wasn't stolen. I still had it. My credit card company was defrauded to the tune of a couple thousand dollars, but I was mildly annoyed and had to spend a few minutes confirming that a few purchases weren't made by me.

    I think it should still be considered a criminal act, and obviously things like changing your medical record or arrest record can have very serious consequences, but it's a positive that creditors understand that when this happens, THEY have a problem. I much prefer that to them coming after me and trying to stick me with the consequences of their lax security.

    1. Re:That's partly how it should be by sjames · · Score: 4, Insightful

      Exactly this.Further, the various lenders and credit reporting agencies shoul;d be forced to compensate you for the time you spend fixing their screw-up for them.

    2. Re:That's partly how it should be by swb · · Score: 4, Interesting

      There's all kinds of identity theft and only some of it is credit cards. With debit cards it really is a fraud against you because your personal bank account gets debited immediately. And there's other worse identity thefts against people -- I've read stories of people losing entire retirement accounts and home equity.

      I don't think that theft from people is generally taken seriously by the police, period, whether it's burglary, car theft, muggings/robbery or anything else. Pretty much all of those things don't rate with them at all and their policing policy is more like containment than actual interest in preventing it.

      The police waste a huge amount of manpower and resources on stupid shit like drugs and anti-terrorism and other bullshit. If those resources went into property crimes it would go a long way towards preventing them.

    3. Re:That's partly how it should be by Solandri · · Score: 4, Insightful

      That's why I really hate the term identity theft. I had that happen to me, and my identity wasn't stolen. I still had it. My credit card company was defrauded to the tune of a couple thousand dollars, but I was mildly annoyed and had to spend a few minutes confirming that a few purchases weren't made by me.

      Actually it was the merchant which was defrauded. When you tell the credit card company that the purchase wasn't made by you, they turn around and tell the merchant to prove the purchase was made by you. If the merchant can't, the merchant eats the loss, not the credit card company. Those exorbitant interest rates credit card companies charge are to pay for deadbeats who don't pay back their credit card accounts, not fraud.

      That's the real problem. The parties in control of credit card security - the credit card companies - have shifted the negative consequences of fraud onto a third party - the merchants. The merchants have a huge incentive to minimize fraud, but have no control over it other than some rudimentary tools the credit card companies provide them (you know how gas station pumps require you to enter you home zip code? That's the credit card companies' idea of "security"). Since they don't directly suffer the consequences of fraud, they've been sitting on their asses for 40 years doing nothing about it. If they'd been forced to pay for fraud, we probably would've all gotten chip and PIN in the 1980s when two-key encryption was taking off.

      Anyhow, the personal cost of identity theft is clearing up your credit history afterward. You try to open up a new bank account, the bank sees all this activity and red flags on your credit report which you claim was due to identity theft, and just to be on the safe side the bank denies your new account. So in that respect it really is identity theft - someone has deprived you of the (presumably) clean credit linked to your identity and polluted it with their scummy one.

  6. Re:What we need is,,, by Lunix+Nutcase · · Score: 5, Informative

    No, what we need is for companies/schools/etc. to stop using a SSN as a secret identifier. Your social security card even explicitly says it is not meant to be used as such a thing.

  7. Re:Translation ... by kingbilly · · Score: 5, Interesting

    As a merchant responsible quite a few online stores, I want to dispute the quoted claim and take it one step forward. We bear the losses when a chargeback occurs. That's the end of that.

    Now the part that REALLY upsets me is that it isn't even close to being feasible to report a known credit card thief!

    I have enough data (50+ stores into one shipping program) between orders and chargeback reports that I can tell you full residential street names of known credit card thief. Addresses that have 2-3 chargebacks and counting. You would think with this information I could easily report it to the authorities? Nope. No easy online forms exist. If you search for them you will find they are all setup for the victim to do the reporting. It's a damn shame because though I won't have to deal with the individual scam artist(s) anymore (by now I would have blocked them with heuristics), there was an opportunity to stop them from stealing more credit cards and causing more merchants headaches.

  8. Re:Get over it by smaddox · · Score: 4, Informative

    Every time you pay for dinner at a restaurant with your credit card, you're giving your waiter everything they need to steal your identity, especially if they ask to see your ID before serving you alcohol. Credit cards were designed in the pre-internet era. It blows my mind that we haven't moved on to something more secure.

  9. Re:Boo Hoo by ShanghaiBill · · Score: 4, Insightful

    Banks are fully hedged. When Goldman Sachs stood to lose a few billions ...

    Just because they were bailed out on billions, it does not follow that they are going to get a bail out for a thousand dollar credit card fraud.