PHEFFER SAYS If you receive a Security Breach Notice

You can’t pick up a newspaper or turn on the news without learning about another data security breach involving consumers’ personal information. In the month of June alone, at least thirty-five data security breaches were reported. According to the Privacy Rights Clearinghouse, a nonprofit consumer advocacy organization, an estimated eighty-eight million records containing personal information may have been compromised over the past year. Under New York law, private businesses and government agencies must provide consumers with adequate notice of any security breach involving their personal data. In the event that you receive a breach notification, you should consider taking the following steps to protect yourself from becoming a victim of identity theft.
All consumers should closely monitor their financial accounts and billing statements. Those receiving a security breach notice should be particularly vigilant. Such individuals should order a copy of their credit reports and check for any unauthorized credit activity. Consumers are now entitled to receive one free credit report every twelve months from each of the three nationwide consumer reporting agencies. You can order your free credit report online at www.annualcreditreport.com, by calling 877-322-8228, or by completing the Annual Credit Report Request Form available at www.ftc.gov and mailing it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.
If you receive a data security breach notice or if you are, or believe you may be, the victim of identity theft, you should consider placing a fraud alert on your credit files. Fraud alerts require creditors to contact individuals for confirmation before opening any new accounts or making changes to existing accounts. There are two types of fraud alerts, and both can be placed free of charge. An initial alert remains on your credit file for up to ninety days. An extended fraud alert provides the same protection, but lasts for seven years and requires creditors to call or contact you in the method you designate once you have placed the alert. Those requesting an extended alert must submit a copy of a report filed with a law enforcement agency.
To place a fraud alert contact one of the three major credit reporting agencies. Once you contact one agency, the others will be notified. Contact Equifax at: 1-800-525-6285, www.equifax.com, or P.O. Box 740241, Atlanta, GA 30374-0241; Experian at: 1-888-EXPERIAN (1-888-397-3742), www.experian.com, or P.O. Box 2002, Allen, TX 75013; or TransUnion at: 1-800-680-7289, www.transunion.com, or Fraud Victim Assistance Division, P.O. Box 6790, Fullerton, CA 92834-6790.
A new tool in the fight against identity theft will soon be available to New York consumers. The Legislature passed, and the Governor signed, Assembly bill 7349-D, which I sponsored, allowing consumers to &#8220freeze” their credit files. Security freezes prohibit access to a consumer’s credit file unless they expressly consent to it, thus preventing identity thieves from taking out new loans and credit in their name. Those who choose to place a freeze will be required to contact each of the three consumer credit reporting companies and make a request in writing by certified mail or overnight mail. It should be noted that while security freezes are a very powerful tool, they limit a consumer’s ability to take advantage of &#8220on-the-spot” financing deals and other instant savings deals. Consumers who are actively seeking credit should be aware that a security freeze may slow applications for credit. More information about the procedures for placing a freeze should be made available in the coming months on the New York State Consumer Protection Board’s website at https://www.consumer.state.ny.us/. This new law becomes effective November 1, 2006.
To learn more about what to do if your personal information has been compromised due to a data security breach or placing a fraud alert on your credit files, please visit the Federal Trade Commission’s (FTC) website at www.ftc.gov or its Identity Theft website at https://www.consumer.gov/idtheft/. You may also contact the FTC by calling their toll-free number at 1-877-FTC-HELP (1-877-382-4357) or for TTY, 1-866-653-4261.