Theft of Identity: Data Rape

JurisdictionUnited States,Federal
CitationVol. 24 No. 1 Pg. 23
Pages23
Publication year1995
24 Colo.Law. 23
Colorado Lawyer
1995.

1995, January, Pg. 23. Theft of Identity: Data Rape




23



Vol. 24, No. 1, Pg. 23

Theft of Identity: Data Rape

by David A. Szwak

Computerized information superhighway pirates are stealing credit reports of unknowing victims and using the stolen data to commit application fraud. Victims describe it as "data rape," and it can happen to anyone.


The Shaw Fiasco

In May 1991, Steven M. Shaw, a used car salesman in Florida, used his employer's credit bureau terminal to access the credit reports of Stephen J. Shaw, of Washington, D.C., and other Shaws with the name "Steve" from national consumer reporting superbureaus. He obtained the reports and began making applications for credit with banks, retailers and credit card companies in the identities of the various victims Shaw. Using the same terminal, he re-accessed the reports to monitor and enlarge the fraud.

After more than $100,000 had been rung up in credit in Stephen J. Shaw's identity alone, a fraud analyst noticed discrepancies in the victim's report when the defrauder made application. A report inquiry was made. To Stephen J. Shaw's shock, his credit reports reflected that he lived in another state and had many thousands of dollars of debt and countless credit inquiries, due to the volume of fraudulent applications.

The number of cases of theft of identity is growing exponentially.(fn1) Victims like


Shaw have begun to fight back by bringing suits against the defrauders and the credit industry.(fn2) The Fair Credit Reporting Act ("FCRA") has not provided sufficient protection to consumers, and the likelihood that Congress will pass any law to restrict the industry appears grim

Stevenson v. TRW: Breaking Ground

In early 1989, John Stevenson began receiving harassing calls from bill collectors regarding accounts opened by a defrauder in Stevenson's identity. After receiving his credit reports from the various




24



superbureaus, he discovered about sixteen fraudulent accounts. He sent a dispute letter to TRW. TRW, almost one month later, sent Consumer Dispute Verifications to the disputed account creditors

After its initial investigation, TRW removed some of the fraudulent accounts. TRW claimed that other subscribers "insisted that the account[s] [were] Stevenson's."(fn3) A fraud warning statement was finally added to Stevenson's report in December 1989. In February...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT