Preventing Identity Theft: Tips for Domestic Violence Survivors

Lauren Hutton-Work is a Law Student Extern with the City Bar Justice Center’s Community Economic Development unit.

On August 8, 2019, Governor Andrew Cuomo signed three pieces of New York State legislation that expands protections for domestic violence victims.  One of the new laws now includes forms of economic abuse, such as identity theft, as a domestic violence crime. Identity theft occurs when someone illegally uses identifying and personal information, such as a Social Security number, as if it were his or her own. Individuals use this information without authorization to access bank and credit card accounts, falsely obtain credit under someone else’s name, or commit fraud.

Domestic violence survivors are particularly vulnerable to identity theft by their abusers because abusers can easily access the survivor’s confidential information, such as the survivor’s Social Security number, credit files, and statements to financial accounts that may be delivered to the abuser’s address.  Abusers will use this information to open new lines of credit, leaving survivors solely responsible for debt the abuser incurs.

There are initial steps domestic violence survivors can take to prevent identity theft and financial abuse by an abuser:

Protect Your Identity

• Review your financial accounts.
  • Log into credit and financial accounts and look for charges you have not authorized.
  • Change the security questions and passwords for each and every financial and credit account you have in your name.  Make sure to choose answers and create passwords the abuser could not otherwise guess.
  • If you previously added the abuser as an authorized user on your credit card accounts, contact your credit card companies to have the abuser’s name taken off.
  • Safeguard your mail by opening a P.O. Box and have your credit card and financial account statements sent there.
• Access your credit reports.
  • Obtaining your free credit reports from Equifax, TransUnion, and Experian is simple.  You may order a report from any or all three credit bureau agencies. The easiest way to request a report is to call the agency or make an online request through annualcreditreport.com.
• Place a credit freeze with the three major credit reporting agencies.
  • A credit freeze, also known as a security freeze, restricts access to credit reports, making it more difficult for identity thieves to open accounts in your name.
  • A credit freeze does not affect your credit score. Credit freeze forms are available on the agencies’ websites.

• Send a letter to your creditors informing them to not provide any account or personal information to the abuser.

Apply for a New Social Security Number

While protecting your identity by utilizing the methods mentioned above may help reduce the risk of identity theft, there is the possibility for financial abuse if the abuser has access to the social security number. For example, the abuser may open accounts in the survivor’s name or access existing financial accounts, allowing the abuser to withdraw funds or make purchases you have not authorized.

For domestic survivors  who have obtained a new identity through a name change and have relocated, abusers can use the social security number to access to account information  or pull credit reports, allowing the abuser to uncover the survivor’s new identity and location. Applying for a new social security number will help in limiting further financial abuse and will help protect a survivor’s new identity.

Here are some important things you should know when applying for a new social security number:

• Provide evidence of harassment, abuse or a life-endangering situation.
  • The Social Security Administration recommends providing evidence of abuse from third parties. Examples include police reports, medical records describing the nature and extent of the abuse, court restraining orders, or letters from shelters, family or friends that have knowledge of the domestic violence.
• Submit the application in person.
  • The application for a new social security number must be submitted in person at a social security office along with the current social security number and two forms of identification.  Additional documentation or evidence might need to be provided and information can be found here.

Taking initial steps to protect your identity, such as reviewing your financial and credit accounts, placing a credit freeze or applying for a new social security number, if applicable, can help prevent identity theft by an abuser.