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Credit Card Fraud: Victims
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In 1997, Drew Dean reported on a hacker incident in which someone sent 2,300 customers of the ESPN Sportzone and NBA.com Web sites copies of the last eight digits of the victims’ credit card numbers. The accompanying message said, “You are the victim of a careless abuse of privacy and security. This is one of the worst implementations of security we’ve seen.” It seems that the hackers were not... malicious: no one reported fraudulent use of their cards. Dean suggested that the fault was likely to lie in bad CGI programming
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Identity theft and credit cards fraud are the fastest growing white-collar crimes in the United States. While anyone can be a victim of these crimes, members of the Navy, Marine Corps and the other branches of the armed forces are more susceptible than the general populace. Two major contributing factors in the increase of credit cards fraud are the rise in online credit applications over the Internet and the tremendous proliferation of credit cards.
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Spokeswoman Lorna Christie said the two-year-old company, founded by a victim of credit card fraud, created the system out of concern for identity fraud, which she said costs the nation up to $50 billion a year…. "This is a service for the protection of the residents of South Carolina."
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Common law negligence claims ... have created difficulties for identity theft victims trying to hold creditors liable for issuing credit cards to impostors. [FN155] Because most courts have adopted the "limitation of liability to risk" theory, identity theft victims must prove that identity theft is a foreseeable consequence of negligent dissemination of personal information and negligent issuance of credit cards. [FN156] Polzer v. TRW, Inc. [FN157] demonstrates one court's refusal to recognize a duty of care between creditors and potential victims of identity theft. The court apparently believed that the remedial approach to consumer credit reporting better served all parties' interests and thus requires consumers to discover mistakes in their own credit reports. [FN158] However, one may argue that "firms in the credit industry are better able than injured consumers to spread the losses from identity theft among those who benefit from credit." [FN159] This suggests that courts should adopt the *581 "liability beyond the risk" theory with respect to furnisher negligence.
Once a fraudster has a legitimate customer name and the stolen credit card number, they can use the Internet to look up their victim's telephone number, address, and zip code. This allows a software purchase to pass AVS, and the fraudster can download the software before the fraud is reported. With orders that are shipped, the thief can provide the correct billing address for AVS approval, but request a different ship to address.
It's a lot easier to prevent identity theft and credit cards fraud than clean up the mess afterward. It may seem like a lot of work, but it's really nothing compared to the time and effort you'll devote to cleaning up your credit records if you are victimized. One of the best ways to catch identity theft and credit cards fraud is to regularly check your credit record.
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