Identity theft is not limited to adults. Fraudsters will use any information that they can to steal an identity, and it does not matter to them whether the victim is an adult or a child. As long as they can get their hands on some personally identifying information, they can still open accounts in someone’s name.
As a parent, it is up to you to take action to help protect your children from identity theft. There are proactive steps that you can take to help protect your children, which involve best practices and immediate action if your child’s identity is ever compromised.
Of course, your child has the same legal protections as any other victim of identity theft. So long as you report the identity theft, they should have to pay any debts that were incurred in their name. Then, you may also file a lawsuit if someone is still trying to collect the debt or using illegal debt collection practices.
If your child has been the victim of identity theft and you are having difficulties related to what happened, you should contact a consumer protection attorney today. A identity theft lawyer can review your case and advise you whether you have a potential lawsuit against someone, such as the perpetrator of the theft or someone who is illegally trying to collect debt. It does not cost you anything out of your own pocket to get legal help for your child.
Child Identity Theft Is Far More Common than You Think
According to Javelin Research, in a recent year, thieves stole identities from about 1.25 million children. This equates to roughly one out of every 50 children. Child identity theft is often different from theft from adults. In many cases, the child actually knows the person who perpetrated the crime. It can even be a friend of theirs who took their information and opened an account in their name. Of course, professional fraudsters can also steal information like Social Security Numbers to open accounts and run up debt in your child’s name.
How Identity Thieves Get Their Hands on Your Child’s Data
One tactic that fraudsters use is getting to know a child online and then coaxing personal information out of them. The child may not know the harm in giving such sensitive data to others. They may have no idea what identity theft is and what its consequences are. All it takes is a seemingly innocuous question from one person to glean valuable information that can be used to commit a crime.
In addition, schools and camps may also have your child’s sensitive data in their possession. They may not do a good job of protecting that information, allowing hackers to steal it from their systems. There have been cases of schools that have had their systems taken over in ransomware attacks by fraudsters who may have had access to a child’s information.
It is up to both parents and children to be savvy and vigilant in doing everything within their own power to protect childrens’ identities. Dealing with the fallout of child identity theft can be every bit as taxing and difficult as when an adult’s identity is stolen.
Here are some steps that parents can help take to protect their children from identity theft.
Parents Must Vigilantly Protect Their Own Child’s Data
Parents will have possession of their child’s sensitive information, such as Social Security Numbers and birth certificates. It is up to the parent to safeguard these documents and the information they contain, both physically and virtually.
Parents should keep Social Security cards hidden and secured in their own homes. They must also be careful where they enter their child’s information online and to whom they may give it. Parents should only give their child’s sensitive information to someone else when it is absolutely necessary, and they should have a healthy degree of suspicion whenever they are asked to provide it. If anyone asks for your child’s information, it is up to you to understand exactly why they need it and what they intend to do with it.
Teach Your Children the Importance of Sensitive Information
Children should also be taught the importance of their sensitive information. They should understand what a Social Security Number is and what can be done if it falls into the wrong hands. They should also know that people can even use their birth dates for wrongful purposes. Your child should know never to give out this information, even when they are asked for it. They should be taught not to trust people who they may meet online. In addition, your children should know to come to you if anyone else is seeking their personal information. The safest practice is to tell your child to never provide sensitive information to anyone without talking to you first.
Monitor and Control Your Child’s Online Activity
You should also impose controls on your child’s online activity that can keep identity theft from occurring. Make sure to monitor what websites they are on and where they may meet people. Try to restrict them from accessing any sites where they can possibly get themselves into trouble online or meet people who may seek to do them any harm. Consider setting access controls on a mobile device and computer, and make sure to monitor your child’s social media accounts.
Be Alert for Signs of Identity Theft
It is also up to you to be vigilant to monitor for signs of child identity theft. You may get certain communications that can tell you that something is wrong, and it is up to you to act immediately. Some signs of child identity theft include:
- Bills or other financial statements that are being mailed to your child out of the blue
- Debt collectors calling and trying to reach your child
- Notices addressed to your child from the Internal Revenue Service, especially if your child did not earn any income (filing a tax return and obtaining a tax refund in your child’s name)
- Your child has an existing credit report in their name when they have not obtained any credit
Usually, a credit reporting agency will not keep a credit report for a minor. If your child does have a credit report, it is likely a sign that someone has tried to take out credit in their name.
Report the Identity Theft to Police and the Federal Trade Commission
If you find out that your child has been the victim of identity theft, you need to act immediately. The first steps that you need to take mirror what you would do in any identity theft case. You need to report the identity theft to the authorities, both to make them aware of the crime and to get documentation that identity theft occurred.
The police report is a crucial document that you need to have after an identity theft. You will need to provide this documentation to creditors and others to prove that identity theft occurred. As the victim of identity theft, your child will have certain protections available to them under state law, including having debt collection efforts stop. However, you may need to provide a copy of the police report to prove that identity theft occurred.
In addition, you should report the identity theft to the Federal Trade Commission. This government agency does not have investigative authority and the ability to track down perpetrators(that may fall to local law enforcement and the FBI). They will enter the theft into their database, however, which will help them better track what is happening. In addition, the FTC may also provide you with documentation of what happened that some businesses may ask for in the future.
Place an Immediate Freeze on Your Child’s Credit
You must also act immediately to freeze your child’s credit report. If someone is opening up accounts in your child’s name, the creditor will need to request a copy of your child’s credit report.
If you place a freeze on your child’s credit, nobody can check their credit, and thieves will be unable to incur debt in your child’s name. All you need to do is contact one of the three major credit reporting bureaus, and the freeze will go into effect for all of them. You will have to send a letter requesting a “protected consumer security freeze.” This letter should include certain information, so it is vital to know what you are doing ahead of time.
Next, you should request a copy of your child’s credit report so you can begin to understand what accounts have been opened in your child’s name. Take action to close every account that has been fraudulently opened in your child’s name, alerting the creditor to the fact that identity theft occurred.
If your child is over the age of 16, they should request regular credit reports from the bureaus to see if any further fraud has occurred. There may be ongoing consequences that you need to continue to monitor over time. It is also a good idea to contact a consumer protection lawyer at this point.
Your Child Has Legal Rights as An Identity Theft Victim
Your child has the same legal rights as anyone else when they have been the victim of identity theft. They will not have to pay debts that were incurred in their name if they can show that their identity has been stolen. Creditors will need to stop collection efforts once they learn of the identity theft. They will need to perform their own investigation before they make any further collection efforts. You can even sue a creditor who continues to try to collect debt when they know that identity theft has occurred.
If your child’s information has been compromised when someone else was supposed to safeguard it, you should consider filing a lawsuit against that party. If someone has been negligent in keeping your child’s information, they can be sued in a data breach lawsuit. They may also need to pay for credit monitoring for your child.
You Can Sue for Illegal Debt Collection Practices Under Federal or State Law
Your child also has the same rights when it comes to debt collectors. If one has been harassing your child to pay a debt that has been opened in their name, or they have been trying to threaten or intimidate them, you can lawsuit on behalf of your child.
The Fair Debt Collection Practices Act restricts what debt collectors are allowed to do when contacting debtors. They will need to stop contacting your child or trying to do so when you have told them to stop. If they do not follow the law, you can file your own lawsuit against the debt collector, which can lead to you obtaining the following damages:
- $1,000 in statutory damages (a one-time damage and not on a per-violation basis)
- Emotional distress damages for any mental harm your child suffered
- Attorney’s fees
- Any actual economic losses your child or family suffered
- Punitive damages if you file your lawsuit under state law
You can file a claim against credit reporting bureaus if they fail to perform a reasonable investigation and remove derogatory information from your child’s credit report.
Contact a Consumer Protection Lawyer Today
Identity theft is a serious issue, especially when it affects children. Starting your financial life with fraudulent credit issues can result in a lifetime of unforeseen consequences if the identity theft is not properly handled.
You need to hire a consumer protection attorney if you are having any difficulties in the aftermath of identity theft. You may not even know your child’s legal rights and that you can even sue someone for wrongful action. Your attorney will review your case and help determine whether you can file a lawsuit.
If you hire a consumer protection attorney, you will not need to pay them anything out of your own pocket. You may even have the attorney’s fee paid for by the responsible party if your lawsuit is successful. If you do not win your case, you will not need to pay your attorney anything for their time and services. Contact a consumer protection lawyer near you today to protect your child’s future.