New law protects and helps identity theft victims

BY TONIA N. CIMINO

Wednesday, January 21, 2009 6:31 PM EST

Assemblymember Audrey Pheffer is pleased to announce that legislation she introduced to further protect New Yorkers from identity theft that was signed into law by Governor Paterson in July of last year has taken effect.

“As Chair of the Assembly Consumer Affairs and Protection Committee, the issue of identity theft has been a major component of my agenda to protect New Yorkers. This new statute strengthens the existing identity theft laws we worked so vigorously to enact in 2002, and continues to address issues that have arisen with the ever growing world of technology,” said Pheffer.

Major components of the new law include:

Allowing New York State residents who become victims of identity theft to seek assistance from the Consumer Protection Board’s (CPB) Identity Theft Prevention and Mitigation Program. The program will serve to assist victims in undoing the damage that the identity thief has done to their financial and credit history;

Secondly, since November 2006, consumers have been able to help prevent and mitigate identity theft by placing a “security freeze” on their credit report, which blocks most entities from gaining access to credit information. The freeze also prevents unauthorized persons from opening new accounts or borrowing money using another’s personal information. The amendments contained in this statute provide consumers more accessible methods for placing and lifting a freeze, by: (1) as of January 1, 2010, requiring credit reporting agencies to place a security freeze request on a consumer’s credit report within 24 hours of receiving notice and proper identification; and (2) requiring credit bureaus to “thaw” a consumer’s credit file within 15 minutes of receipt of the request, which takes effect September 1;

Extending important confidentiality protections to public entities to prevent the intentional communication of Social Security numbers to the public. The state and political subdivisions will not be able to require individuals to transmit their Social Security numbers over the Internet or print social security numbers on any materials that are mailed to individuals;

Restricting the ability of employers to use employee personal identifying information, including prohibiting employers from posting or displaying more than the last four digits of an employee’s Social Security number, or placing those numbers in files with open access. This section takes effect on January 1, 2010;

Outlawing the possession of “skimmer” devices that can obtain personal identifying information from credit cards.

Finally, enabling victims of identity theft to obtain restitution for the value of the time they spend fixing the damage that the criminal has inflicted. According to one study, said Pheffer, identity theft victims spent 330 hours in addressing the damage caused by the identity thief. For the first time, these victims will be able to be compensated for their lost time.

“In 2006, the Identity Theft Data Clearinghouse of the Federal Trade Commission (FTC) ranked New York eighth in the country for per capita identity theft complaints,” said the Assemblymember. “Despite the magnitude of the problem, victims of identity theft and financial fraud in New York State face barriers in receiving important assistance, information, and resources. Victims of identity theft have an arduous task in repairing their financial record, credit rating, and well-being. They require assistance and intervention to address their particular needs and navigate various public and private systems. This new statute addresses these issues and further ensures that the identities of New Yorkers are protected.”

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Reader Comments

The following are comments from the readers. In no way do they represent the view of queenscourier.com.

Bob Baier wrote on Jan 23, 2009 7:35 AM:

" Dear Sir,

On Wednesday Jan. 21, 2009 you ran an article "New law protects and helps identity theft victims " by Tania N. Cimino. This article was excellent and the law needed for years. I thought that you might want to do a follow up article for your readers regarding Identity Theft. One suggestion would be "Identity Theft- The Five Worst Things You Do That Help The Theives Get Your Information." I could also run a weekly series with 3 helpful suggestions for your readers each article. I am a forensic document examiner in NY State (testify in court regarding forgeries) and the author of the book "Identity Theft Prevention for the College Student". I have a passion for speaking at colleges and universities on many subjects including ID Theft. I also train law enforcement in the area of identity theft in Orange County NY. I have also been on the TV show "Inside Edition" regarding handwriting. I have much additional information in so many different areas regarding identity theft. (It is also National Handwriting Week January 18-24 in honor of John Hancock's birthday)

Contact info.

Bob Baier
24 Regent Rd.
Warwick, NY 10990

888 460-3828 Bus.
845 988-0889 Bus.
845 544-3229 cell

www.expertdocumentexaminerweb.com
www.bobbaierinfo.com for free ID Theft information "