Issue No. 24 Client Brief November 2009
Who Is You Now?
Protecting yourself against identity theft

gloved hand reaching for social security card from open wallet
The steep recession of the past years has led to a major upsurge in cases of identity theft. Prior to the recession, the number of people reporting that they were victims of identity theft had been falling for several years. Growing awareness among the public and precautions taken by businesses to protect information had combined to make identity theft more difficult. But economic hard times increase the temptation to commit identity fraud and, according to statistics from the Javelin Strategy & Research Center, the number of victims of identity theft went up by 22% between 2007 and 2008 to almost 10 million. We have certainly seen an increase in the number of victims coming into this office to get help in dealing with the consequences of identity theft.

Despite the fact that the U.S. is coming out of the recession, job growth and business investment is lagging, so that it is likely that economic conditions that encourage crimes like identity theft will continue to be widespread for some time.


Safety Tips
1. Don't carry your Social Security card, unused credit or debit cards, or other documents with important identifying information around with you or leave in an unsecured place.
2. Before trashing documents with sensitive information shred them using a cross-cutting shredder. Be sure to include those convenience checks that credit card companies keep sending you as well as any credit card offers.
3. Have your incoming mail delivered to a secure location, a mail slot or locked mailbox. Curbside mailboxes are particularly vulnerable.
4. Opt out of solicitations for new credit cards and other loans. Call the credit bureaus' dedicated line at 888.567.8688 from your home telephone or register at www.optoutprescreen.com.
5. Deliver any sensitive outgoing mail – especially mail containing checks – directly to a mailbox.
6. Make sure to protect your laptop computer and PDA from theft or loss.
7. Install effective anti-spyware protection on your computer and keep it up to date.
8. Check your credit reports regularly for any unexplained activity at www.annualcreditreport.com.
How Bad Can It Be?
The Identity Theft Resource Center's annual aftermath study specifically focuses on the types and extent of damages suffered by victims of identity theft. In addition to money spent to repair damage to accounts (which averaged about $550 to existing accounts and close to $1,900 if a new account had been created), victims reported all kinds of other damages, including:

  • time spent on damage repair (an average of 118 hours for an existing account and 158 hours if a new account had been opened);
  • extended involvement (70% of victims said it took up to 12 months);
  • difficulty with clearing or inability to clear credit records;
  • increases in insurance rates;
  • increases in credit card interest rates;
  • criminal records;
  • problems getting credit;
  • calls from collection agencies;
  • credit card cancellations;
  • difficulty in getting a job;
  • problems with landlords; and
  • emotional distress.

Who does it to whom?
The threat of identity theft has often been greatly exaggerated. This is particularly true of the danger of loss through information given online. According to Javelin, online methods accounted for only 11% of incidents, down from 14% the year before. Most cases of identity theft result from the use of information in lost or stolen documents. In fact, a significant percentage of such crimes are committed by people who are known to the victim.

The major victims of identity fraud are not the people you might expect. The wealthy are not the major victims: according to Javelin, households with an income under $50,000 are three times more likely to be victimized. Younger people are also more vulnerable. An FTC survey earlier this year reported that 30% of victims are between the ages of 18 and 29, both because this age group has more access to credit than ever before and because they are less savvy about protecting their identity.

So what should I do?
Methods of minimizing your risk of becoming a victim of identity fraud, and of minimizing any damages if you are victimized, fall into two categories: 1) safeguarding your personal identifying information (especially Social Security, credit card and bank account numbers); and 2) checking your credit reports regularly.

Luckily, you no longer have to pay or jump through hoops to get your credit reports. The federal Fair Credit Reporting Act requires the nationwide consumer credit reporting companies to provide you with a free credit report once every 12 months. You can order your reports at annualcreditreport.com. And you don't have to wait 12 months between reports, you can space the three reports out over the year.

If you do become a victim of identity theft and have difficulty clearing up the resulting problems, we can help. Contact us at (215) 732-3255 or hlangsam@langsamstevens.com.

New LSS Associate

LSS is pleased to announce that Sarah B. Silver has recently joined the firm as an associate. Sarah will be concentrating her practice on environmental law. Prior to joining Langsam Stevens & Silver LLP, Sarah was in private practice representing clients in general and complex litigation matters in Pennsylvania and New Jersey. Sarah was honored as a "2008 Top Attorney" in SJ Magazine. We're happy to have her join us.


Did You Know?

Pre-Columbian Chocoholics
Pots from Chaco CanyonChocolate was prized by the Mayan and Aztec nobility and cacao beans were a major trade commodity and it seems that that trade reached as far as current day New Mexico. Food residue analysis, pioneered by Patrick McGovern of the University of Pennsylvania Museum and performed on potsherds originally found at Chaco Canyon in the 1920s and resurrected in 2007, has found traces of cacao bean and chocolate residue. Archeologists believe that the closest source of cacao beans was 1,200 miles away in Mexico and the beans were brought there by foot trade. Now those were serious chocolate lovers!


Useful Tools

Books by Email
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Langsam Stevens & Silver LLP represents individuals, groups, and businesses in a wide variety of areas of law including general business representation; personal injury; catastrophic loss; real estate; collections; charter school law; business formation; general litigation; estate administration, planning and litigation; general environmental representation; toxic tort/environmental defenses; landlord and tenant; co-ops; domestic relations; insurance subrogation; creditors' rights; construction; municipal and products liability in Pennsylvania and New Jersey.


The information contained in this newsletter is not intended to be, and should not be construed as, a substitute for professional legal or financial advice. Please do not hesitate to call us at (215) 732-3255 or email hlangsam@langsamstevens.com for further information or assistance.