Possible Identity Theft by ex

[Mediate]

What is the name of your state? ohio
This was the closest topic I could see this relating to...

I received membership cards to a shopping establishment that I never signed up for. I *DO* know who signed me up for it (as the proof is on the card) and I never expressed any consent -- written or otherwise -- whatsoever that she may use any of my personal information. She used this information because it is available to her in documents that are provided to her by the Child Support Enforcement Agency.

Months ago, I sent a letter to the CSEA and the court that I do not wish to have any of my personal information further released on documents to this individual, including my SSN and place of employment and salary, as this quite frankly is none of her business. And also because this was a fear of mine that she would abuse my personal information.

I have reviewed state laws regarding what I believe qualifies as Identity Theft (Ohio Revised Code 2913.49), but I am having problems finding exactly what US Code this violates. I have also been to the FTC site, but I am unsure if this even qualifies under them. Maybe I am not understanding the language. Although she can obtain monetary advantages/benefits from use of this membership shopping card (to a place like BJ's, for example).

I was thinking about writing a letter, sent certified asking her "to produce any documents where I gave you consent to use my personal information in anyway shape or form, including but not limited to signing me up for store memberships and otherwise fraudulent use my personal information -- that you obtained through the Child Support Enforcement Agency. Please produce these documents no later than ______, 2007 or face a serious legal pounding on state and possible federal charges on a multitude of levels." I would only give her 1 mailing day to send me that information. Of course, this individual is border line ignorant, so I know that if it became a legal issue, she'd claim her full-time ignorance.

Any legal recourse or action that can be taken? Am I in the right direction with codes and statutes?

Thanks.

 

[Ohiogal]

Report her to the police. That is the first thing to do. File a police report regarding this identity theft. That is the first step.

 

[CdwJava]

What information did she use to sign you up for this store membership? Were you out any money?

If she simply completed an application for herself and your name and information was required for some reason (likely due to whatever financial arrangement the two of you are in), there may be no identity theft issue. One has to STEAL your identity for there to be identity theft. If she did not forge your signature or use your personal info to gain claim to something she did not have a right to, then what she did is not likely identity theft. There might be some statute that prevents her from using your information for her personal gain, but if she is the one responsible for any debts and you are not on the hook, there may be no issue here.

Oh, and this would not be a Civil Rights or Discrimination issue. It is - potentially - criminal (and, perhaps, civil), however.

- Carl

 

[Mediate]

What information did she use to sign you up for this store membership? Were you out any money?

If she simply completed an application for herself and your name and information was required for some reason (likely due to whatever financial arrangement the two of you are in), there may be no identity theft issue. One has to STEAL your identity for there to be identity theft. If she did not forge your signature or use your personal info to gain claim to something she did not have a right to, then what she did is not likely identity theft. There might be some statute that prevents her from using your information for her personal gain, but if she is the one responsible for any debts and you are not on the hook, there may be no issue here.

Oh, and this would not be a Civil Rights or Discrimination issue. It is - potentially - criminal (and, perhaps, civil), however.

- Carl

Thanks much!
It's a warehouse shopping membership. She clearly used my name, address and possibly social security number because I know I did not sign myself up for it, as I don't even care for this place (GFS Food Service store/warehouse).
She is married (we never were)...the only thing she collects from me is child support.
I am in the process of finding out exactly what information she used. She has no reason to use my information at all as it was not required. The only reason I can see her signing me up is to get some sort of gain from this (i.e. the more it's used, the more points it accumlates for discounts, etc...I am also in the process of finding that out too). There wsa some language regarding that for every dollar amount, this much is applied/goes here or something like that (sorry, do not have the stuff in front of me). It's not a credit card or anything like that.

I noticed that the ORC states "identity fraud", not theft. But then again, I don't know how she's been using my personal information (which is why I have always had an issue with an agency like Child Support Enforcement just so freely releasing my personal information, i.e. SS# and place of employment, etc.) Unless I misunderstood the language of the statutes, it seems she violated some sections of it. That's why I am tempted to send a letter simply asking to produce all copies where I expressed consent to use my personal information to her or any other party to sign me up for stuff without my permission and take it from there.
I would think there is some legal language re: those who misuse someone else's personal information and sign them up for stuff w/out their permission. This is why I am trying to clarify things...although I have seen language on several sites (FTC) to report it to the police, I'd hate to waste their time for something that I can handle myself and that they might not even be able to do anytihng about. If you need more info or clarity, letme know.

 

[fairisfair]

according to the FTC, there does not have to be a loss of any kind, or a person presuming to be you, just the use of your information is enough to be considered identity theft.

Ohio is right (of course she is) the first step accordingto the FTC is to get a police report, even if you are just given a courtesy number, you will need it for the next steps, then you must notify each credit burea that someone is using your information.

That is where I am right now. I have someone that has been using my SS # for 13 years. Never applied for any kind of credit, and I have no losses, but it is being used for some unknown purpose and continues to appear on Social Security traces each time I have ever had a background check run. I reported it years ago, but you have to continue to update the information every 7 years, by the way, this person, with a totally different name than mine, last used the number again in 2005. Who knows why.

 

[Mediate]

according to the FTC, there does not have to be a loss of any kind, or a person presuming to be you, just the use of your information is enough to be considered identity theft.

Ohio is right (of course she is) the first step accordingto the FTC is to get a police report, even if you are just given a courtesy number, you will need it for the next steps, then you must notify each credit burea that someone is using your information.

That is where I am right now. I have someone that has been using my SS # for 13 years. Never applied for any kind of credit, and I have no losses, but it is being used for some unknown purpose and continues to appear on Social Security traces each time I have ever had a background check run. I reported it years ago, but you have to continue to update the information every 7 years, by the way, this person, with a totally different name than mine, last used the number again in 2005. Who knows why.

Yeah...I am getting more clarity on this and will pursue filing a police report on this. I also assume she signed herself up for one, as well, so she has a card she can use in her name. It looks like this might also benefit a school or something like that (reminds me of bringing in soup can labels when I was a kid). But it's something where she still signed me up for this, using my information without my consent, so I would use this card in my name for the benefit of either her and/or the school. God only knows what else my information has been used for by her without my knowledge. So, I'll go ahead and report it. I'll also let the agencies know that she'll most likely use the ignorance card and make excuses.

I wonder what I can take re: the child support agency, since I have asked them before not to further release any of my personal information (besides address), but they continued to do so.

 

[fairisfair]

Yeah...I am getting more clarity on this and will pursue filing a police report on this. I also assume she signed herself up for one, as well, so she has a card she can use in her name. It looks like this might also benefit a school or something like that (reminds me of bringing in soup can labels when I was a kid). But it's something where she still signed me up for this, using my information without my consent, so I would use this card in my name for the benefit of either her and/or the school. God only knows what else my information has been used for by her without my knowledge. So, I'll go ahead and report it. I'll also let the agencies know that she'll most likely use the ignorance card and make excuses.

I wonder what I can take re: the child support agency, since I have asked them before not to further release any of my personal information (besides address), but they continued to do so.

Well, in all honesty, that sounds innocent enough, we have the same types of programs in almost every major retail store in my state, especially grocery stores. A small amount is credited towards the designated school for a variety of supplies, such as sports equipment, computers, etc. depending on the program. I wonder why though, she would need to use YOUR information? unless she simply thought that you had a card (or maybe you do and don't know it? then she could just give them the number of that card and have any purchases that you might make credited toward your child's school as well. Still, I would report it, who knows what trouble ex's might get up to?? (being an ex myself )

 

[CdwJava]

Again, it depends on what she did - IF she did anything. If this is some benefits shopping card, it could be that the kid or mom filled it out and it asked for BOTH parents' names and that information was filled out. This would NOT be unawlful.

It really depends on what she did - if anything. Just putting your name and address on a form is not going to be sufficient to invoke most criminal statutes.

- Carl

 

[fairisfair]

Again, it depends on what she did - IF she did anything. If this is some benefits shopping card, it could be that the kid or mom filled it out and it asked for BOTH parents' names and that information was filled out. This would NOT be unawlful.

It really depends on what she did - if anything. Just putting your name and address on a form is not going to be sufficient to invoke most criminal statutes.

- Carl

I agree, the police aren't going to do anything.

I also asked the FTC straight out, why in the heck would I want to bother the police with this. I have no loss, there really has not been any crime other than the "use" of my SS #.

They INSISTED that in order to protect myself, and to complete the process, it was mandatory to file a police report, even if I just had a courtesy number assigned to me, that I needed to provide it (the report #) both to them, to SS and to the credit bureaus. Personally, I think it is a huge waste of time, and a huge amount of unnecessary paperwork and wasted time for the local police, but what are you gonna do???

 

[CdwJava]

As long as you understand that they do nothing more than take your name, her name, and a written statement from you. We get these kinds of things a lot and, unfortunately, simply lack the time and resources to follow up on most of them absent a clear violation of state law. And without a loss, the feds are not likely to even glance at it.

But, if that's what the FTC wants for their end of things, what the heck.

- Carl