Because it happened to him, a Lawrence man is backing legislation to protect against identity theft.
A stranger stole David Porter's identity and then put him through credit-rating hell.
Somehow, the man acquired Porter's name and Social Security number and used them to rent an apartment in Los Angeles. Then, after not paying rent for six months, the identity thief filed bankruptcy, knowing that in California that made it difficult for the landlord to evict him.
Meanwhile, Porter, a Lawrence computer programmer, was unaware the malicious stranger in the Golden State was using his identity. As far as he knew, his bills were paid. The real Porter had never been to California.
Porter learned of the stranger's costly charade after dinner at a Kansas City restaurant in the fall of 1994.
"I went to pay the bill with my credit card and they said it came back 'refused,'" Porter said. "I knew that wasn't right, so when I got home I called my credit card company and said something like 'What's the big idea of cutting off my credit card,' and they said 'Our records show you've filed bankruptcy.'
"From that point on, everything turned into one big, long nightmare," Porter said.
He couldn't buy a car, he couldn't get a loan. He wasn't who he thought he was.
Porter later learned police suspect the thief is a member of the Russian mafia living in the United States. But Porter still doesn't know how the purported mobster obtained the information that allowed him to swipe his identity.
Porter hopes to share his horror story with members of an interim legislative committee Wednesday at the Statehouse. He's scheduled to testify at 1:30 p.m.
"I want people to know that when your credit rating says you've declared bankruptcy, you're guilty until you can prove yourself innocent -- and no one is going to believe you when you say, 'But this isn't me. Somebody did this to me,'" Porter said.
Legislation proposed
Porter is working with Sen. Stan Clark, R-Oakley, on a bill they hope will let Kansans know when someone is tampering with their credit rating.
"Government should have a role in allowing people like Mr. Porter to put the pieces of their lives back together," Clark said.
Clark said he'll propose requiring credit rating bureaus to:
- Make available one free credit report to each person in their database each year;
- Give people warning that negative information is being added to their reports;
- Give people free notice when three or more inquiries are made on their credit ratings in a year;
- Make sure the identifying information about the person who is using the credit rating matches the information provided by the original applicant;
- Resolve "stolen identity" disputes within 30 days.
The proposed bill also will make fraudulent use of another person's identity a felony. It's now a misdemeanor.
Clark said he's alarmed by how easy it is to acquire someone's Social Security number. Domestic court records and voter registration rolls are readily available.
Clark is unsure how many of his proposals will survive next year's legislative session, which convenes Jan. 10.
"I'm expecting opposition," he said.
Impossible to stop?
Bill Shaw, president of the Credit Bureau of Topeka, says that much of the bill is well-intended, but that it's also misguided.
"It comes down to: How do we stop theft? If we can't pass a law that stops someone from stealing your car or your bicycle, how are we going to pass a law that stops them from stealing your identity?" Shaw asked.
"If someone really sets out to steal your car or your bicycle, there's nothing we can do to stop them. The same is true for your identity."
Shaw said it's unrealistic to give people access to one free copy of their credit rating each year.
"We do that and I'll be looking at starting out each year a half-million dollars in the hole," Shaw said.
Most credit bureaus, he said, charge $8 for each credit report.
And it's impractical, he said, to require advance notice of negative reports.
"Let's say you go on vacation and forget to make your car payment. Are you telling me I have to send out notices to everybody who misses a car payment?
"I understand the problem," Shaw said, "but I don't think they realize how expensive this can get."
Shaw said that under the federal Fair Credit Reporting Act, credit bureaus are already required to resolve consumer disputes within 30 days; those that aren't are labeled "As Disputed" and will be resolved or cleansed.
Credit checks
Anyone in Kansas who suspects their credit rating is being tampered with should call Experian, a Texas-based credit bureau that processes the information used in computing credit ratings in Kansas, at (888) 397-3742.
There is also the option of writing the company at P.O. Box 2106, Allen, Tex. 75013-2106.
Porter said contacting Experian is not a user-friendly option.
"When you call, you don't talk to a person, you talk to a machine -- you know how that goes."
Porter said that after fighting the credit bureau for three years and having no luck in getting anyone's attention in Washington, he snapped.
"I took off work one day and took every bit of documentation I had with me to Topeka," he said. "I went to Attorney General Carla Stovall's office, sat myself down in the lobby and let them know that I wasn't leaving until this got taken care of.
"Finally, a man came out, took me into a room and after listening to me for about half an hour he said 'You've done everything you can. I'll take care of this.'
"Three days later, it was all taken care of."
Attempts to reach the Attorney General's Office for comment were unsuccessful.
The stranger in Los Angeles has not been charged.
"As far as I know, they aren't even looking for him," Porter said.
As for the stranger's real identity: Porter said all he knows about the man is that police believe he is a member of the Russian mafia living in the United States.
-- Dave Ranney's phone message number is 832-7222. His e-mail address is dranney@ljworld.com.
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