Cases from the Privacy Rights Clearinghouse Hotline:
October 2003 - September 2004
Credit Reporting | Debt Collection Practices | Employee Background Checks | Government & Public Records | Identity Theft | Merchant Information Gathering | Social Security Numbers | Telemarketing | Telephone Privacy | Unwanted Mail | Workplace
CREDIT REPORTING
Ex-Husband Accessed Her and Her Boyfriend's Credit Report
I have a situation where my girlfriend's ex-husband has pulled our credit report five times in the last 1 and a half months and used that to get our address and my place of business. Now, when I read the Fair Credit Reporting Act, it sure seems to me that it is a Federal crime to pull someone’s credit without their permission or for a permissable reason. I have read that this is punishable by incarceration and/or fines. But who actually enforces this law? I have contacted the police, FTC, and FBI. The FTC says they will investigate the company but not really the individual and the FBI say he actually needs to use account info before they can do anything. I guess getting our address and my place of work doesn’t count. I was told by Experian that this is identity theft, but the FBI and police don’t think so. So I am extremely frustrated. I understand that I now have to have a fraud alert on my credit reports, but it is too late because he already has all the information. Now we have to really watch our credit and watch our backs now that he knows where we live.
DEBT COLLECTION PRACTICES
Collector Gives Details of Delinquent Loan to Third Parties
I got behind paying the interest on my loan, and they sent my check for $345.00 through my bank, and the bank returned it for NSF. The supervisor of this establishment called my house on while I was out. She told a friend that I had better call her before 5:00 P.M. that day, or she was taking me to court and garnishing my wages. She also told the person that answered the phone, how much the loan was for, how far behind I was, her intentions to take me to court etc for the $345.00 plus another $60.00 for other fees. I was upset and called a friend that works for a collection agency, and he told her he wanted to find out how much I owed on the account etc, and she gave him all the same information. He asked her if she knew there were laws against disclosing information about a debt to a third party, and she said she wasn't aware of it although she was the supervisor of this store. We also called one of the owners of the business, and though he apologized, he didn't offer any type of restitution for causing me much embarrassment by letting others know I had been in a bad financial situation.
EMPLOYEE BACKGROUND CHECKS
Probationers Summarily Fired
I am a surveillance officer for an adult probation department. Recently, two of my probationers were fired. The reason given was the company had decided it will no longer hire convicted felons. Is this happening on a large scale? Is this firing legal? How can I help my probationers?
Forgetting to Pay $1.50 in Gasoline while in High School Gets Consumer Terminated from Job
I started a temp to permanent job with a company located in Columbus, OH. The company asked to perform a finger print check. Two weeks later I was let go because of an arrest in 1990 for theft. I called the court house to check out my apperent criminal record, and there is no information on file. How can I insure this does not happen again?
I remember the event. I had filled my car up with some gas (about $1.50 i think), purchased some other things, and the clerk didn't ring up the gasoline purchase. I was in a hurry I didn't relize the mistake untill I arrived at school. I was picked up by the local police and brought back to the gas station to be identified. I paid the gasoline bill and had to have my mother sign me out of jail. I as i remember it, the judge closed the case, and I left for bootcamp shortly after that. Over the past 14 years, this has never come up and now it has cost me a very good job.
I was not told why I had been released until after I returned my badge. Then I was not given a copy of the report. I'm still waiting for my personal effects to be shipped to me.
Denied Job Because Stroke Hurt His Credit Rating
I am being denied employment regularly by major companies, due to poor credit stemming from a stroke. I wrote to the prospective employer because my employment was denied due to information contained in the Transunion report. When I spoke with my interviewer, I was very candid about my financial position. She was aware that I suffered a stroke and lost my job of over three years due to this. On the electronic application that I submitted I explained the situation in-depth.
Denied Job Due to Inaccurate Criminal Record
I have had many background checks over the years, mainly to work for a contractor in Indianapolis. After two days on my current assignment there, I was asked to leave and told that I was not eligible to work at there anymore. I was given a phone number to call and find out the reason for my expulsion. After the second day I was able to reach this person and get an anwer. I was told that I was a convicted felon. I am not a convicted felon and told them so. I was told that a company called Choicepoint had investigated me on a prior job with the same company and had determined that I was. I explained that I once was charged as a felon, but the case was settled as a misdemeanor. I got copies of these documents and had the Court Clerk (for a fee), fax these documents to Choicepoint. I am still getting the "run around" and I have been told that they have 30 days to correct this error. By this time the current project will be half over with and they will probably not need additional employees.
Wrong Person Comes Up in Background Check
I saw CBS's Weekend Marketwatch's story about employers doing background checks. This made me think that this could be why I have been unable to find employment for over a year. The firms that I send my resume to don't even call me back or spend the cost of a postage stamp. I went to the two firms mentioned in the news story, www.choicepoint.com and www.backgroundchecks.com and did a background check on myself. I would not hire me based upon what they told me about myself. Choicepoint has me down as having a misdemeamor charge in Arizona. The record shows someone with the same name & birthdate but a different middle name. Backgroundcheck.com has me down with being charged with a whole host of bad things across the bible belt states using my same name. What can I do to tell the next company that I submit my resume/cover letter & application to, that I am NOT the person who plead guilty in the cases they're citing?
GOVERNMENT & PUBLIC RECORDS
Grassroots Citizens' Group Asks County to Remove Public Records from the Internet
Our group, S____ County Residents for Privacy Rights, is dedicated to the security of the people of S____ County and we see a large number of problems with the S____ County Clerk's proposal to place all county land records online and few, if any, positives. We have already addressed the Suffolk Legislature and were ignored and dismissed, even though we are made up of individuals with Master's Degrees in Information Science (with concentrations in Government Records and Digital Records) and life-long real estate industry professionals. We feel that this issue is of supreme importance and should be addressed as soon as possible. We are calling for a complete shutdown of all internet access to public records in S____ County. At the very least, we'd like to let the public of S____ County know what the County Clerk is proposing and how it will affect their lives.
Here are some examples of information that is, or will be, available online:
-Full Names
-Home and Business Addresses
-How much you paid for your house
-Social Security Numbers (on thousands of documents)
-Marital Status
-Signatures
-Judgments filed against you
-Liens placed on your home
Thousands of Social Security Numbers (the "Holy Grail" for Identity Thieves) are embedded in the County's "public" documents (which it proposes to put online) for out-of-state and INTERNATIONAL access. The County Clerk says that this problem will be solved by using "templates" which will cover the SS#'s from view. However, we say that this is absolutely impossible as the SS#'s are located in an infinite number of locations on the documents. This would make any template completely ineffectual. The other way the County Clerk proposes that the SS#'s will be removed is that an individual will examine each document individually. This is an absolute lie, as any such operation would require thousands of employees working day and night to examine the millions of pages that will be available online. In fact, we've even found copies of an elderly woman's Driver's License, Medicaid Card, and SS# attached to a mortgage recorded by the S____ County Clerk. We feel this is completely unacceptable and ultimately unpreventable if the County Clerk continues with his plan. Publication of SS#'s is against the law and the County Clerk should not be above this law.
With the information provided by the County Clerk's system, a terrorist with a common Middle Eastern name could find an identical name in the records of the County Clerk, assume that person's identity, and enter the country under false pretenses. This is only the most extreme example. Most likely, criminals within our country will use this database to steal identities for credit card fraud and the like. The necessity of traveling to R____ to obtain these records has acted as a filter for all but the most serious of inquiries. The Internet will remove that filter, allowing anyone on a whim to find out all they'd like about someone. The costs of investigating and prosecuting these cases will greatly outweigh any monetary benefits to the County. The County Clerk is naïve enough to think that a simple "user agreement" (that the user has to "click" on to accept) will prevent unscrupulous use. This is absurd. The internet is made for the purposes of anonymity and those who perpetrate identity theft will remain anonymous regardless. Informal surveys conducted by our group show that not a single individual from the public is in favor of this online system.
Divorcee's Judge Refuses to Seal or Redact Public Record with Credit Info. and SSN
I am the Defendant in a divorce in the State of ____. I did not initiate it and divorce is granted per the request of one party only. On the Asset and Debt Statement filed with the court and made public record, the opposing attorney listed every one of my account numbers, name of bank, branch location. The account numbers were listed in their totality. Also my SS#, credit card numbers in totality and every single account and piece of financial information. My credit card and bank statements were made public record. I sought relief with the court by filing a motion to make this information confidential or at least redact some of the digits, i.e. list only the last 3 or 4 digits of an account number, etc. The judge denied my motion for privacy which is supported by the state consitution under right to privacy. The judge said, "What does the constitution have to do with my courtroom!" Just because one's spouse of 30 years decides to call it quits, why should my privacy be invaded?
Neighbor Contacted Employer Using Motor Vehicle Registry
I was recently contacted by my company's human resources department in regards to a complaint by a neighbor. Apparently, this neighbor (unfortunately, I do not know her name) had the state motor vehicle department run my license plate and used the information she received to go ahead and contact my employer. She found out my vehicle is a company vehicle and proceeded to tell a random, untrue story to a HR rep. at my company. Of course, since my vehicle is a company asset, I was contacted and made aware of the complaint. At this point, I am very concerned that this woman, whom I don't know except for her rude remarks every time we cross paths, is able to do other things w/my info.
Title Company Recorded Home Address of Crime Victim in Public Record
My title company disregarded the paperwork and documentation I signed requiring them to use ONLY my mailing address on all documents related to my recent home purchase. Instead, they re-printed the documents with my (incorrect) residential address shown and submitted these incorrect and unsigned documents to the County Recorder. The deed was then recorded with the residential address on all documents, including the cover sheet. This information is now permanently part of the public record, jeapardizing my safety since I am a crime/assault victim living alone. The County Recorder's office has confirmed that they absolutely would have accepted a mailing address on this cover sheet, but that once the document was recorded, it can never be changed and is legally and permanently a part of the public record. Within two weeks of this recording this information, my name and home address had been added to numerous mailing lists. There are marketing/mailing list companies that collect the addresses from these recorded documents each day. This creates a tremendous safety risk for me.
IDENTITY THEFT
Comments from victims of identity theft are contained in our Identity Theft Victim Stories at www.privacyrights.org/cases/victim.htm.
MERCHANT INFORMATION GATHERING
Retailer Throws Merchant Copy of Receipts with Full Card Number in the Dumpster
I was a store manager for ________, and repeatedly took this matter up with my regional manager, her assistant, and even the Vice President of Human Resources assistant for ________. When a customer signs their charge draft, we were to place it in the register drawer until the end of the day. At that time, upon closing, we were to take all the charge drafts, and place them in a "media envelope", mark the date on them, and place them in the appropriate monthly box to be saved for one year. After one year, the media envelopes are taken out of the monthly box, and thrown in the dumpster behind the stores in the malls. They have everyone's signature, and account numbers on them. I brought this to the attention of ________ numerous times, as I did not feel socially responsible placing my customers' personal information outside in the dumpster. During my entire position as store manager, I let the media bags just continue to pile up. I asked for a shredder, or if I could do a "pay out" and just buy a little cheap one at Office Depot or something, and was told no. The directive was to throw them out in the dumpster. Now, I am sure you are asking....They block out all but the last 4 numbers on the reciept, right???? Yes. On YOUR personal receipt. Not on the charge draft you sign and give back to them. That has your entire account number and signature. This company has had many opportunities to change their business practices.
Husband Can't Make Store Return
My husband attempted to return a shirt at an Express retail store and was given a slip of paper telling him that his return was denied due to an organization called The Return Exchange. I have never heard of The Return Exchange, and I am disturbed to find that merchants are maintaining a database of information about consumers’ returns. While I understand the need to combat fraud, this type of database is invasive, retaliatory and decidedly consumer-unfriendly, especially since I’m willing to bet that the majority of consumers are unaware of its existence. In fact, the entire operation appears to be a violation of a consumer’s right to conduct good-faith business transactions in a free market environment.
Can't Make Return of Merchandise Without Having ID Scanned
Today Express refused to return and issue a refund for merchandise I purchased four days ago. The items still have tags on them, are unworn, and I presented my original receipt. The manager said that their policy is that they must scan my ID in order to issue a refund. Nowhere on my receipt or on a sign in their stores does it state this policy. I pointed that out to no avail. I also said that they may look at my ID to confirm my identity, but I didn't want to hand over my personal information for fear of rampant identity theft. The amount of money that I am trying to get back from Express is $267.92, a substantial amount that I can't just throw away.
SOCIAL SECURITY NUMBERS
SSN Printed on Outside of Union Ballot Envelope
During elections for Union Officials, the balloting services were contracted to an outside source, which printed my social security number on the outside of the envelope used to mail the ballot to me. The envelope provided to mail the ballot in also had complete social security number printed on it in the return address portion.
I contacted the my local Director who replied "You're late." What she really meant was that this had already been pointed out by several others, before me. Apparently, this had already been discovered and discussed while I was on a day of vacation, and it seems that all of the ballots were mailed in the same way, social security numbers and all. The Director also recommended that I contact the President Union. The Vice President called me back to explain what happened, but no one seemed to appreciate the fact that a company in another state now has my personal information, including my Social Security number. As the company printed my information on the outside of two envelopes, I feel that I am now at risk for identity theft. I have spoken to several union representatives about the situation. I understand that the damage can not be undone, but I feel that the Union, to which I have trusted my personal indentification, has an obligation to protect the private information that was entrusted to them through the course of my membership. However, that information was printed on the outside of envelope and sent through the mail.
SSN Used for Employment Purposes
I was informed that a person in Colorado is using my Social Security number at their place of employment. I had gone to court on a child support case and when they pulled up my work history, someone else's pay and place of employment came up, along with my real place of employment. I went to the Social Security administration to complain. They said there is nothing they can do for me- it is not a crime until this individual tries to take out a loan with my number. This is very scary.
SSN of Domestic Violence Survivor's Daughter Posted by School
My daughters school posted her social security number along with 46 other students Social Security numbers on a poster board at the entrance of their school. This was to show what students needed to make up classes on saturdays. I am a survivor of domestic violence and I am in the process of getting our numbers changed and I feel violated by this act of stupidity.I have contacted attorneys in this area yet no one wants to do anything against the school system. I have not contacted the school here because they will just say they will handle it and they don't ever handle anything.
TELEMARKETING
Sneaky Way Around Do Not Call Registry?
A company calls my phone repeatedly and hangs up when I answer. My caller ID shows their number. Wondering who was calling, I called the number back and got a recording saying the company was MicroStar and offering products in an "on-line superstore". I've never contacted, e-mailed, or opted-in to this company and feel that it is a sneaky violation of the do not call list. (I'm on the list). They offer a chance to leave your phone number and opt out of their calls.
TELEPHONE PRIVACY
Cell Phone Feature Used Without Consent in Custody Battle
My ex-husband has been using taped conversations from his Sprint phone that has a "Voice Memo" option on me in our custody case. I have report this complant to the police and nothing is being done. I feel Sprint should not offer this option to states where it is illegal to record a conversation without all-parties consenting.
Collectors or Telemarketers Spoofing Caller ID to Get Debtors to Pick up the Phone?
Hi. I know you are not the organization for my area (I live in Alabama), but I was curious to see if you had ever heard of telemarketers using call tracing technology of some sort. I keep getting phone calls from telemarketers that show up as my FRIEND'S cell phone number on the caller ID, followed by the words "pickup phone". Each time I have answered this - 3 times to be exact - it was a telemarketer and NOT my friend at all. I have checked and re-checked the number to be sure but it is DEFINITELY my friend's cell phone number appearing in the ID- and this happens when the ID has NO calls on it so that I know it is not an old number reappearing somehow.
Cannot Block Unwanted Call to Cell Phone
The nature of my question is I have tried everything in regards to the blocking of an unwanted call. The number that people are using more than ever is a cell phone number. I had been trying desperately to block certain numbers and pay extra for this feature but found that I can not block a cell phone number. Can anyone answer me as to why this is? Caller ID is a great option but not always an option used when on the phone and you have call waiting. Caller ID does me no good at that time. So far no one has been able to answer me as to why you can not block a cell phone number, especially when everyone uses them now.
Changing Cell Phone Number is the Only Option for Harassing Calls, Cingular Customer Told
I recently received a few harassing phone call on my cell phone from an anonymous female who I later found out was my boyfriend's ex. The phone number came up as an Unknown or blocked call. I was initially told by Cingular that I would need to file a police report and then submit that to their subpoena department, and they could then view the number. I made the report and called Cingular back with this information. I was then told two days later by a supervisor that I was given incorrect information, and they have no way of tracing the call. She suggested I change my cell phone number. I inquired as to whether they have any type of blocking services which they do not. This situation has been extremely disturbing and has made me very concerned about my cell phone privacy, especially since my cell phone is my main phone number. I was disheartened to hear of the lack of services or assistance I could receive in this situation.
UNWANTED MAIL
Junk Mail Targeting the Elderly
My aging father who recently lost his wife of 60 + years has been getting an incredible increase in the amount of "junk mail" from all kinds of sources including but not limited to inumerable unheard of CharitieS, countless Sweepstakes schemes, police & sheriff departments, astologers, gaming entities -- the list is endless. So there's the problem. I am his son. Unfortunately, due to business, I live overseas and can only visit quarterly for now. My father has been duped out of hundreds if not thousands of dollars by these scams. He realizes after much discussion that they are indeed scams BUT once I leave having thrown out all the junk which cluttered every room of the once "immaculate" home only to return 3 months later to an even bigger pile of 'junk mail' and canceled checks for same.
Bankruptcy Noted on Postcard Soliciting Homeowners with Bad Credit
I received a postcard in the mail which shocked me. The face of the postcard was solid black, with 1/4" high letters stating “LOANS AVAILABLE FOR HOMEOWNERS WITH PREVIOUS BANKRUPTCIES”. On the other side of the postcard was my name and address, and the text on the postcard started “Dear XXXX, …. Even if your bankruptcy was discharged yesterday we can still …”
I find this to be an invasion of my privacy, and who knows how many people had access to the most personal of financial information, my previous filing of bankruptcy. Bankruptcy filings are public record, and I understand the marketing industry can provide lists of people who have previously filed bankruptcy. What I am shocked about is the disclosure of my personal information to neighbors, roommates, postal employees, and anyone else that may have seen the postcard. It should have been put into an envelope. I am a private citizen, not a public figure, and I feel that I have the right to have personal information, including my private financial records, kept from being displayed and announced to the public
WORKPLACE
SSN Disclosed to Other Employees
My mother works for a retirement home. Her question is this: Each pay period she has gone in to pick up her paycheck and is instructed (as she has been for several years) to go to the "book" and pick it up. The problem is that the "book" contains personal information (full name, address, SSN, etc.) for all hourly employees within the organization. She has asked them several times to come up with another way of distributing payroll and has asked REPEATEDLY to have her SSN stricken from the book, which has not been done to this date. She does not wish to "rock the boat" and possibly lose her job, but also does not want to become a "statistic".
SSN, Copy of License Found in Dumpster After She Quit Her Job
About three months ago I quite my job due frequent verbal harasment issues issues with my supervisor. The harrassment I am speaking of was continuous screaming and demeaning actions from my supervisor often done in front of other employees. I did try to resolve the issue of the constant verbal harrassment by talking with and e-mailing the corporate human resources manager, but there was nothing done about it. I recently talked with some of my former fellow employees and was told that my employment records had been discarded in the dumpster, and they included several copies of my drivers license and Social Security card. Copies of both were thrown all over the parking lot and even posted on people's windshields.
SSNs of Employees Emailed to 300 Recipients
The Director of Security sent an email to approx 300 employees which included the name, Social Security number and hire date of approx 100 employees. Shortly after, the Director recalled the message but it was too late... several unhappy employees responded to this breach by "responding to all" which resulted in this information being sent repeatedly. I am one of the employees whose SSN is displayed in this email. After I further examined the list of 300+ employees that received the email, I was horrified to see terminated and temp/contract employees received it, too. If the Director of Security can make such a horrific mistake I can only imagine who else my employer has communicated by SSN to.
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