AARP Online Community: AARPva - My Journals & Blogs

Small Actions = Big Results

For 50 years, AARP has honored the legacy of service handed down by our founder, Dr. Ethel Percy Andrus. We have done so by engaging our members with a wide range of opportunities to serve others. More than 9 million people make a difference through AARP's various networks for volunteers, donors, and activists.

Today, AARP is expanding the opportunities we provide for people to help in their communities and beyond. Create The Good enables people to make a difference in the lives of others, whether through a five-minute online commitment or an ongoing engagement .

Many AARP members want to help, but often they are caring for children and parents while holding down full-time jobs, or even working into retirement years, leaving precious little time for volunteering. That's why AARP's Create The Good offers a variety of ways you can make a difference to people in your community—whether you have five minutes or five hours. We want to make it easy to lend a hand, in your time, on your terms . To get involved, simply search our database of ideas for making a difference. Encourage your friends and neighbors to do the same.

We also recognize that our members can offer each other a wealth of ideas and wisdom. Create The Good, a group in our Online Community , was created for that purpose. Join the discussion, share your experiences, and get new ideas.

AARP was founded with the motto, "To Serve, Not to Be Served." Through Create The Good, we are increasing the number and involvement of volunteers around the nation. Giving back helps keep all of us active and healthy, while meeting urgent needs among our extended families, neighborhoods, workplaces, and the other communities to which we belong.

With your help, we're off to a great start at Create The Good. We look forward to working with you and our nation’s leaders to ensure that AARP is fulfilling the legacy of our founder when she said:

"The challenge to live up to our better selves, to believe well of our

fellow men, and perhaps by doing so to help CREATE THE GOOD ,

to experiment, to explore, to change, and to grow."

www.createthegood.org

Added: April 8, 2009
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There's No Such Thing as a Free Lunch

Buyer Beware: There’s No Such Thing as a Free Lunch

Especially at Tax Time

Help Fight Investment Fraud in Virginia

Americans are often bombarded by junk mail; unwanted phone calls during dinnertime, and, in many cases, with “free lunch” investment seminar invitations. This is particularly true during tax season when the invitations promise no risk investments and ways to avoid all taxes. Although many of these seminars sell legitimate products, there have been far too many reports of people being scammed out of their life savings.

AARP, in collaboration with the North American Securities Administrators Association (NASAA), is working diligently to fight consumer fraud by encouraging individuals to join the Free Lunch Monitor program. Hundreds of people have already joined this national campaign to help monitor free lunch investment seminars.

By becoming a Free Lunch Monitor, you can help to fight fraud in Virginia. If you plan to attend a seminar, take the “What to Listen for Checklist” and report your findings to AARP. We are sharing this information with securities regulators nationwide. Please visit the web site www.aarp.org/nofreelunches to download the checklist and help make the marketplace safer for all investors.

Added: March 25, 2009
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February 20 AARP Virginia General Assembly Update

Senate, House Passed Different Versions of State Budget

Both the Senate (SB 850) and House (HB 1600) have passed very different version of a state budget – the Senate included money (about $800 million) expected to be received from the federal Stimulus and the House did not.

With both bills being passed now, the gaps in the two budgets will have to be negotiated by the House and Senate Budget Conferees. The House and Senate Budget Conferees are as follows:

Senator Charles Colgan

Senator Walter Stosch

Senator Edd Houck

Senator Janet Howell

Senator Richard Saslaw

Senator William Wampler

Delegate Lacy Putney

Delegate Phil Hamilton

Delegate Beverly Sherwood

Delegate Kirk Cox

Delegate Johnny Joannou

Delegate Clarke Hogan

AARP is advocating for 400 Medicaid waiver slots to be available for home and community-based services, and for the total of $245 million cut from the Medicaid budget to be restored. Among items AARP is seeking are: restoration of previous cuts to provider’s reimbursement rate and funds for the personal caregiver’s.

Specifically, AARP is asking for the $500,000 Family Caregiver Grant Program that was cut by Governor Kaine be added back to the budget for 2009 and 2010.

AARP Virginia volunteers were walking the halls giving letters and talking with every member of the House Appropriations and Senate Finance Committees about the need to find money from the Stimulus Package to help family caregivers.

We urge you to use the toll free number to contact your legislators and ask them to tell the Budget Conferees to restore the funds to Medicaid and support the family caregiver grant program. Vulnerable Virginians depend on your help in these times of financial crisis and uncertainty.

The toll free number is: 1-800 889-0229 or Richmond area call: 804-698-1990

On-Line Driver’s Safety Course Bills Passed

HB 1974 sponsored by Delegate Lee Ware has passed the Senate this week and SB 1013 sponsored by Senator Edwards passed the House Commerce and Labor Committee this week. These bills which are identical will allow persons 55+ taking the on-line version of AARP Driver’s Safety Course to be eligible for a discount on their auto insurance premium. The 8 hour course will be approved by DMV and is designed for the older driver to update their knowledge and skills.

Uniform Power of Attorney Bill

During this session, AARP has supported Senator Edwards SB 855 to reform the state’s Power of Attorney (POA) law. This bill was introduced at the urging of the Virginia Bar Association after two years of extensive study.

It addresses many issues of abuses found under the present law. Of particular interest to AARP is the fact that the bill will help reduce situations where elders have been financially exploited out of their life’s savings by persons abusing their POA authority. Key provisions of SB 855 include:

· Clearly states POA agent's duties, including responsibility to act in good faith, within the scope of authority granted, and according to the principal's known expectations or best interests – such as more specific duties relating to preserving estate plans and cooperating with health care proxies;

· Stringent requirements for exercising “hot powers”—those with a high propensity for dissipating property or altering an estate plan;

· The provision that a third party may refuse to honor a POA when the third party reports suspected abuse to an adult protective services agency or knows that someone else has made a report; and

· Liability of malfeasant agents for damages, attorney's fees and costs.

This bill is being heard today (Friday, February 20) in the House Courts of Justice Committee and we are concerned that it may be carried over until next year. AARP volunteers have been visiting all the members of this committee to help them understand why this bill needs to go forward in this Session.

Bipartisan Redistricting Effort Killed

A unanimously passed Senate bill that would set up a bipartisan redistricting commission in Virginia was killed this week by a House of Delegates subcommittee.

On a 4-2 vote, the elections subcommittee of the House Privileges and Elections Committee killed state Sen. R. Creigh Deeds' redistricting bill which would have established a commission with an equal number of members, appointed by both parties' leaders. The six appointees then would have selected a seventh, independent member.

Redistricting as it is currently done in Virginia, tailors districts to protect power, employing computer-assisted cherry-picking of precincts most favorable to incumbents.

Legislators create "safe" districts where a substantial majority of voters are of their party and they draw districts that purposefully put the minority party at a disadvantage. The resulting districts don't represent a real community of voters and they certainly aren't drawn to ensure the best representation for the voters.

This stifles any real examination of the issues. Only 17 out of 140 seats had real competition in 2007 while in 2005, twelve of the 100 seats had serious competition.

Seventeen states have some form of nonpartisan or bipartisan reapportionment system. that will redraw their legislative and congressional district boundaries after the 2010 U.S. census.

Added: February 27, 2009
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January 23 AARP Virginia General Assembly Update

January 23, 2009 AARP Virginia General Assembly Update

Bills relating to AARP Virginia's legislative priorities are up for critical committee votes this week and your help is urgently needed.

The Virginia General Assembly members got down to business this week. AARP Virginia Advocacy Volunteers and state office staff were quite busy alerting members about our issues. We continue to fight for increasing the tobacco tax to help fund the more than $245 million that is being cut out of the budget for Medicaid.

Wednesday's AARP Virginia's special e-advocacy alert asking for help on SB 1413 and HR 2514 bought calls and e-mails into members of the General Assembly. Because the financial institutions are working hard to kill both of these bills, your continued help is important as these bills are scheduled for important committee hearings next week.

Since our key legislative agenda was not heard in committees this week, we expect next week to be a defining week for our bills. So, we urge you to call or email your legislators and ask them to support the following bills. Use the AARP Virginia Toll-free number 1-800-889-0229. In the Richmond area -- 804-698-1990 or send an e-mail by clicking on members' name below to be linked to their websites.

Calls to Action:
Call or e-mail your legislator to support HB 2026 . On Tuesday, January 27, we expect HB 2026 to be heard in House General Laws Committee. We ask you to call your legislator serving on the committee and ask them to support this new program to allow small business employers -- those with fewer than 50 employees to establish a retirement savings program in which their employees can voluntarily participate. This would be modeled after Virginia's popular 529 College Savings plan.

House General Laws Committee: Delegate S. Chris Jones ,Chairman , Albo, Wright,Oder, Gear, Cosgrove,Carrico, Scott, E.T., Iaquinto, Gilbert, Miller, J.H., Fralin, Abbitt, Phillips, Barlow, Hull, Ward, Dance, Tyler, Bulova, Eisenberg, Bowling

                            ________________________


Call or e-mail your legislators to support SB 1413 and HB 2514. This coming Monday, January 26 Bill SB 1413 will be heard before the Senate Commerce and Labor Committee and next Thursday, January 28 HB 2514 will be before the House Commerce and Labor Committee. The bills require any employee of a financial institution to report suspected financial exploitation of the frail or elderly to Adult Protection Services (APS) for investigation. Present law does not require them to do so. APS defines financial exploitation as the mishandling, fraud or theft or income, money accounts, assets or property by another. To send a personal e-mail to committee members click on the names below to go to their personal WebPages.

Members of the House and Senate Commerce and Labor Committees are as follows: House: Kilgore (Chairman), Morgan,Hargrove, Purkey, Byron, Ware, R.L., Nixon, Hugo, Janis, Rust, Marshall, D.W., Saxman, Cline,Plum, Johnson, Joannou, Melvin, Alexander,Sickles, McClellan,Ward, Lewis Senate: Saslaw (Chairman), Colgan,Miller, Y.B., Wampler, Norment, Stosch,Stolle,Edwards, Watkins, Wagner,Newman, Puckett,Puller, Herring, McEachin

                             ________________________

Call or e-mail your Senator to support SB 1490. AARP Virginia supports this bill (Senator Mark Herring) which would limit interest rate for open-end Loans to 36 percent (annual percentage rate- APR). Across the state car title lenders lend up to 50 percent of a car's value. The borrower, who must own the car, hands over a copy of the keys and the title so the vehicle can be repossessed if he or she doesn't repay the loan.

Car title lenders operate in Virginia under the open-end credit law, which currently allows companies to charge anything they wish as long as they don't require any payment for the first 25 days

Added: February 16, 2009
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January 16 AARP Virginia General Assembly Update

General Assembly Convenes; Important AARP Supported Bills before Committees;

After Governor Kaine delivered his dismal news about the need to cut at least $3 billion from the budget, the General Assembly members kicked off yesterday with press conferences all over the Capitol and GA building. The

AARP Supported bills moving to committee the first week include - Senator Edwards SB 1413 Mandatory Reporting of Financial exploitation Bill: Frail and elderly are being bilked out of their financial resources and it needs to be stopped.

These vulnerable seniors need your help. Adult Protective Services defines financial exploitation as the mishandling, fraud, or theft of income, money, accounts, assets, or property by another.

It is a crime but is not usually reported. The NationalCenter on Elder Abuse (NCEA) reported that only 1 in 25 cases are reported.

Financial exploitation can be deterred through keen observation practices, early detection, and prompt reporting by financial institution. Despite the low reporting figures, Financial Institutions are NOT mandated by our state to report suspected exploitation.

SB 1413 Adult protective services; reports by financial institution employees of financial abuse of elder or dependent persons. Requires employees of banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions to report the suspected financial abuse of elder or dependent persons, based on information obtained in their professional or official capacity.

There is another bill (SB 855) that is related to the issue of financial exploitation of seniors and that is a bill introduced by Senator Edwards called Uniform Power of Attorney Act. Presently, the Virginia Power of Attorney Law makes it too easy for persons given this power to take advantage of the power they are given.

SB 855 . Uniform Power of Attorney Act (UPOAA). Establishes in the Code of Virginia the Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2006.

The Act consists of default rules that can be modified if the principal desires. Powers of attorney will be durable unless drafted to expire upon a specified date or event.

The UPPOA addresses creation and use, good faith reliance, limitations of agent's powers, refusal to recognize, judicial review, notification of resignation, and other matters. The Act contains an optional statutory form.

HB2026 (Delegate Danny Marshall and Delegate Bill Janis) HB 2026 Creates Virginia Employee Voluntary Accounts (VEVA) Program. Under the program, private employers with not more than 50 employees that have not offered a payroll savings deduction plan to employees in the preceding year may enroll to offer tax-deferred retirement plans to their employees.

The Program will be administered by a board of directors, which is authorized to hire a director and staff, and to retain a financial institution to serve as third-party administrator for the management of the assets of the Program. The Program is not authorized to accept enrollees or funds until a plan of operation for the Program has been approved by the Internal Revenue Service.

VEVA-Makes it easier for Virginians to Save for Retirement

The personal savings rate for Americans has been decreasing throughout the past two decades. VEVA is an innovative idea as well as a voluntary and flexible program designed to make it easier for small, private-sector employers to offer employees an opportunity to save for retirement through payroll deductions.

Livable Community Bills:

On-Line Driver’s Safety Courses:

Keeping up-to-date with driving skills is very important for older drivers. Presently, older drivers in Virginia who complete driver safety classes in a classroom setting qualify for auto insurance premium discounts. Currently, the discounts apply only for classes taught in the classroom. On-line courses are offered in other states now and older drivers are taking these courses in record numbers.

SB 1013 (Senator Edward) and HB 1974 (Delegate Lee Ware) to make it possible for driver’s 55 and over to be able to take on-line driver safety courses approved by DMV and be eligible for auto insurance discounts.

Added: February 16, 2009
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January 30 AARP Virginia General Assembly Journal

January 30, 2009 AARP Virginia General Assembly Update

A short note about this week at the General Assembly --

This has been another busy week for us at the General Assembly. Our AARP Advocacy Team was busy speaking at committee meetings and visiting legislators. Members of the General Assembly and their staffs continue to comment on the large number of members who are contacting them – e-mail and calls on behalf of our priority issues. Great work.

This is helping them to both understand our issues and shows how broad the support is across the state for our positions.

___________

Safe, dependable transportation is an issue that our members are discussing a great deal. Two bills we are watching address different transportation issues. -

We were able to get our On-Line Drivers Safety Course bills approved in the Commerce and Labor committees this week. This would allow individuals completing a driver’s safety course on-line to be eligible for auto insurance discounts. It’s great to see the legislators being very supportive of our members wanting to update their knowledge and skills so they can drive safely.

We get many calls from people concerned about getting around on their own. HB 2600— Coordinated Transportation for Seniors - This AARP

supported bill would establish a statewide coordinated plan to offer rides for all Virginians who are disadvantaged - seniors, those with limited income and persons with disabilities. We expect this bill to be heard in the House Transportation Committee next week.

___________

Particularly in these economic times, retirement savings is an issue so important to folks of all ages across the state. We are excited that the Small Business Commission, which has members representing both the House and Senate and business representatives, will be exploring ways to implement our proposal VEVA (Virginia Employee Voluntary Accounts) program (HB 2026). VEVA will allow private employers with not more than 50 employees that have not offered a payroll savings deduction plan to employees in the preceding year may enroll to offer tax-deferred retirement plans to their employees.

___________

Car Title Lending

Senator Mark Herring’s bill to rein in car title lenders under the consumer finance act (SB1490) has stalled. AARP Virginia supports Sen. Herring’s bill because it would solve the problems of car title lending on the principle that 36% APR is high enough, and anything more is usury. His bill is currently adrift in legislative purgatory, slated for hearing by a subcommittee that hasn’t met yet (and may not). Tell your state legislators that you support Senator Herring’s SB 1490, which would require companies making loans under Virginia's open-end credit law, as car title lenders do, to charge no more than 36% APR. There is nothing unreasonable about the imposition of a 36% interest cap for a fully secured loan. Certainly, there is no reason car title lenders shouldn’t play by the same rules as other businesses that offer small loans.

___________

Mandatory Reporting Legislation

Delegate Bob Tata, who sponsored our legislation in the House, called a meeting early in the week with representatives of the financial institutions. The purpose of the meeting was to work out a compromise on the legislation that requires the mandatory reporting of financial abuse of elders. Unfortunately, we were not able to reach an agreement at this meeting.

The bill was heard in Commerce and Labor sub committee on Thursday evening. It did not pass. The major push back by the bankers and others was the fear of being sued if they do not report.

The Senate version of this bill will be heard in Commerce and Labor on Monday, February 2^nd. There is still time to turn this around. We have heard from many AARP members who have called their General Assembly members urging support of this bill – SB 1413.

AARP has joined the health care coalition and others to support the Tobacco Tax for Medicaid . While the House has killed all bills in that chamber for a tobacco tax hike this week, the issue is still alive - the Senate will hear the tobacco tax bills next week. AARP Virginia supports SB 947.

Toll Free Number: 1-800-889-0229 More next week…

Added: February 16, 2009
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February 6, 2009 AARP Virginia General Assembly Update

Economic Downturn Causes Concern In General Assembly

The economic downturn in the economy is being felt by every citizen walking the halls of the Virginia General Assembly building.

There is some feeling that the state budget might be moved to a special session to see how much money Virginia will get from the federal Stimulus Package now pending before Congress.

Here is what happened to our AARP Agenda this week :

Mandatory Reporting for Financial Abuse of Seniors

Senator John Edwards who is sponsoring our bill (SB 1413) has asked for a delay in committee consideration until he can amend it to mandate training and education for financial institutions employees. His request is the result of the concern of financial institutions’ lobbyists about the possible civil liability from a mandatory reporting requirement.

Senator Edwards believes financial institutions’ employees should be trained to know what financial abuse of elders is and how to deter it in their workplaces.

AARP supports Senator Edwards’ change which will be introduced in the Senate Commerce and Labor Committee meeting Monday. Please call your member of the State Senate and ask them to support (SB 1413) as amended by Senator Edwards. The toll free number is: 1-800 889-0229 or Richmond area call: 804-698-1990

Cigarette Tax for Medicaid Funding

By an 8-8 vote the Senate Finance Committee killed Senator Janet Howell’s bill (SB 947) which calls for a 30 cent per pack tax hike to bring in $155 million to fund the state’s Medicaid.

AARP and other groups testifying pointed out that without this increase, Virginia stands to lose the Federal matching dollars for Medicaid.

It was a sad day for our most vulnerable citizens who depend on Medicaid for their healthcare. We wait for this weekend to learn how the House and Senate will fund their budgets.

Car Title Update

After being reported from a subcommittee, Senator Mark Herring’s bill (SB 1490) to limit interest on car title loans to 36 percent will be heard by the full Senate Commerce and Labor committee on Monday afternoon. AARP Virginia, victims, legal aid attorneys, members of the faith community and many other groups testified before the subcommittee in support of SB 1490. On the House side, the Commerce and Labor committee voted to kill a very similar bill, sponsored by Delegate Joe Morrissey.

Redistricting Update

After passing the Senate with a vote of 39-0, Senator Creigh Deeds’ redistricting bill (SB 926) moves to the House where it is feared it’ll die in the Privileges and Elections subcommittee.

At a press conference this week, Governor Kaine announced his support to create a bipartisan redistricting commission. The press conference, which included both Republican and Democratic legislators, garnered many positive news reports.

Virginia Retirement Savings Accounts for Small Business Employees

Great News. The AARP proposal and sponsored by Delegate Danny Marshall and Delegate Bill Janis (HB 2026) has been sent to the General Assembly’s Commission on Small Business.

Under the program (Virginia Employee Voluntary Accounts ) private employers with not more than 50 employees that have not offered a payroll savings deduction plan to employees in the preceding year may enroll to offer tax-deferred retirement plans to their employees.

Virginia Ridership Program

The House Transportation Committee continues to consider Delegate Jennifer McClellan’s bill (HB 2600) to set up an action plan for a statewide coordinated rides program to aid seniors, persons with disabilities and low-income. AARP testimony pointed out that the number of seniors who will be needing transportation to services in Virginia will dramatically increase in the future.

Driver’s Safety Courses Offered On-Line

Senator John Edwards (SB 1013) and Delegate Lee Ware’s (HB 1974) bills which allow persons 55 plus to take Driver’s Safety Courses on-line and be eligible for a discount on their auto insurance rates, has passed the Senate 39-0 and the House by 98-0.

Added: February 16, 2009
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AARP Virginia 2009 General Assembly Update Newsletter Issues

The next AARP Virginia 2009 General Assembly Update will be posted the week of March 9th

February 27, General Assembly Update from AARP Virginia

It’s Back and Forth as Senate-House Conference Committee Members Seek Acceptable Compromises

This week the House and Senate Budget Conferees held meetings in attempts to arrive at compromises for the 2009-2010 Virginia Budget. The back and forth was contentious and the gaps were far apart on Wednesday.

On Thursday, we asked our advocacy team to make urgent calls to the House Budget Conferees and urge them to use the Stimulus Package funds designated for Medicaid to restore the cuts in the budget.

With $800 million in Stimulus funds coming to Virginia for Medicaid, the House Budget Conferees were not using the funds to restore the 3 percent budget cuts made in hospital and nursing home reimbursement rates.

In addition, AARP Virginia asked for the 400 Medicaid Waivers for Home and Community Based Services to be restored. Among others items we asked to be restored from flexible funding monies was the $500,000 previously cut for the Virginia Caregiver Grant Program.

Today, Friday, we learned that maybe an agreement on the budget has been reached but we do not have firm numbers about Medicaid and Caregiver Grant funds.

So, we ask that you to please use the telephone numbers below and call the budget conferees and ask them to restore Medicaid and Caregiver Grant Funds.

Here are the phone numbers for the House and Senate budget conferees. Call the House members first, then the Senate members.

Delegate Kirk Cox—804-698-1066

Delegate Clarke Hogan—804-698-1060

Phillip Hamilton—804-698-1093

Delegate Johnny Joannou—804-698-1079

Delegate Lacey Putney—804-698-1019

Delegate Beverley Sherwood- 804-698-1029

Senator Charles Colgan—804-698-7529

Senator Walter Stosch –804-698-7512

Senator Edd Houck—804-698-7517

Senator Janet Howell—804-698-7532

Senator Richard Saslaw—804-698-7535

Senator William Wampler—804-698-7540

Other issues that need your help:

Uniform Power of Attorney Bill (SB 855) in Conference

AARP supports this new Uniform Power of Attorney bill which key provisions are as follows:

· Clearly states POA agent's duties, including responsibility to act in good faith, within the scope of authority granted, and according to the principal's known expectations or best interests – such as more specific duties relating to preserving estate plans and cooperating with health care proxies;

· Stringent requirements for exercising “hot powers”—those with a high propensity for dissipating property or altering an estate plan;

· The provision that a third party may refuse to honor a POA when the third party reports suspected abuse to an adult protective services agency or knows that someone else has made a report; and

· Liability of malfeasant agents for damages, attorney's fees and costs.

SB 855 passed the House with an enactment clause amendment added . Delegate Clay Athey, who chairs the House Courts of Justice Civil Sub-Committee, convinced the House members to put off the enactment of this bill until 2010. AARP opposes this change and we have been able to get this amendment removed when the bill returned to the Senate. Now, the bill goes to a House-Senate conference committee. The conference committee members include: Senators John Edwards, Creigh Deeds, Mark Obenshain and Delegates Clay Athey, Terry Kilgore and Joe Johnson.

We urge you to please contact these conferees by phone and ask them to please support making this bill effective in 2009 .

Advance Directive Bills in Conference

SB 1142 and HB 2396 : Retain Non-relative and Unbefriended Provisions in Health Care Decisions Act - As introduced, SB 1142 and HB 2396 added two default provisions to the procedure in §54.1-2986 for health care decision-making where a person who cannot give informed consent does not have an advance directive and has no blood relatives to make health care decisions on his or her behalf. During the Session, two key provisions were dropped on the House floor.

Now, these bills go to Conference and the Conferees include: Senators Mary Margaret Whipple, Ralph Northam, Fred Quayle, and Delegates Rob Bell, Bill Janis and Mamye BaCote.

AARP asks you to contact these conferees by phone and ask them to retain the provisions for the Non-relative Surrogate Decision maker Category and the Unbefriended Provision in both of these bills.

Coming next week: A summary of AARP agenda at the 2009 Virginia General Assembly

February 20 AARP Virginia General Assembly Update

February 6 AARP Virginia General Assembly Update

January 30 AARP Virginia General Assembly Update

January 23 AARP Virginia General Assembly Update

January 16 AARP Virginia General Assembly Update

Added: January 16, 2009
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New Virginia Credit Freeze Law Defense Against Identity Theft

AARP Virginia Led Fight

For New Virginia Credit Freeze Law

In response to rising concerns about identify theft, and with strong support from AARP Virginia, Virginia is now among 47 states (plus D.C.) with security freeze laws on the books.

A freeze prohibits credit-reporting agencies from releasing a consumer’s rcords without the person’s consent.

Virginia’s law allows state residents to place a freeze on their credit reports by mailing a request and a $10 free to each of the three major credit-reporting agencies- Equifax, Experian and TransUnins.

Once the freeze is in place, consumers can use a personal identification number (PIN), to lift or reinstate the freeze.

For more information call the Virginia Office of Consumer Affairs at toll-free 1-800-552-9963 (in Richmond area 804-786-2042). AARP Virginia’s State Office Toll-free number is 1-866-542-8164.

Below is a list of frequently asked questions on the Credit Freeze (FAQs) from the Office of the Attorney General –

Credit Report Security Freeze FAQs

1. What is a credit report security freeze?

A credit report security freeze generally allows a consumer to block access to his or her credit report by third parties (such as credit lenders or other companies) who are not exempted under law.

2. Who is eligible for a credit report freeze?

Under the Virginia “Security Freeze” law, which went into effect July 1, 2008, all Virginians have a right to obtain a freeze on their credit report from the individual credit reporting agencies. The “security freeze” law is codified as Virginia Code §§ 59.1-444.1 and 59.1-444.2 and can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC59010000035000010000000

3. Why might I decide to place a freeze on my credit report?

Unlike many identity theft protection methods which are only effective after identity theft has occurred, credit report freezes can help protect consumers from identity theft before it happens.

Credit report freezes are designed to prevent thieves from opening new accounts in the consumer’s name. Businesses generally do not extend credit to an individual without first checking his or her credit report. Since a freeze blocks third parties from accessing a consumer’s credit report, it makes it very difficult for a potential identity thief to fraudulently open a new account in your name.

4. What are the downsides or limits of placing a freeze on my credit report?

Freezes may delay, interfere with, or prohibit the timely approval of new loans, credit, mortgages, government services or payments, insurance, rental housing, employment, investments, licenses, cellular phone service, utility service, digital signature, Internet credit card transactions, and extension of in-store credit.

Since there may be a delay between the receipt of your request and the actual lift or removal, it is important to plan ahead to ensure that your credit report is accessible for purchases and other significant transactions.

In addition, a freeze will not prevent a thief from fraudulently using your existing credit card or bank accounts. Therefore, you should continue to regularly check your monthly bank account and credit card statements for signs of any suspicious activity.

5. If I decide to do so, how do I place a freeze on my credit report?

You may place a freeze on your credit report by sending a written request via certified mail or by using another method authorized by the credit reporting agency. The “Security Freeze” law does not specify what information the credit reporting agencies may require to place a freeze on your credit reports. Thus, each credit reporting agency has its own procedures in place. You are encouraged to check the individual agency’s website for specific instructions on how to obtain a freeze.

6. Do I have to contact all 3 major credit reporting agencies (Equifax, Experian, TransUnion) or just one?

You must contact each credit reporting agency with which you wish to place a freeze.

7. How do I temporarily lift the freeze once it is placed on my credit report?

A temporary lift allows the credit reporting agency to release your credit report to a specified party (specific third party lift) or to all third parties with a permissible purpose for a specified period of time (global lift).

To obtain a temporary lift, you must contact the credit reporting agency with which you placed the freeze and provide proper identification and the unique personal identification number (PIN) or password assigned to you. You also must indicate the amount of time that you would like the freeze to be lifted or the specific party that can access the report. Until September 1, 2008, it may take up to 3 days to lift the freeze. After September 1, 2008, credit reporting agencies generally will be required to be able to lift a freeze within 15 minutes of their receipt of an electronic request.

You are encouraged to check the credit reporting agencies’ websites for specific instructions.

8. How do I permanently remove the freeze once it is placed on my credit report?

You must contact each credit reporting agency with which you placed the freeze by written request or other authorized method. You will need your PIN or password when placing the request. It may take up to 3 days to remove the freeze.

Each credit reporting agency has its own procedures for removal of a freeze so you are encouraged to check each agency’s website for more specific instructions.

9. How much does it cost to place, lift, or remove a freeze on my credit report?

If you are a victim of identity theft, the freeze may be placed, lifted, or removed for free.

If you are not a victim of identity theft, credit reporting agencies are permitted by statute to charge you a fee of up to $10 to place the security freeze. The “Security Freeze” law does not authorize credit reporting agencies to charge fees for temporary lifts or removals of security freezes.

10. Can I still access my credit report even though there is a freeze?

You may still get your free annual credit report or purchase a copy of your report or score. Placing the freeze does not affect your ability to obtain the report and it does not affect your credit score. Obtaining the free annual report is one way to find out if you have become the victim of identity theft. You can obtain your free annual report by going to: https://www.annualcreditreport.com.

11. Will my credit report ever be provided to another party even though I have a credit freeze?

Yes, there are certain exceptions provided under law. These include:

Companies with which you have an existing account (e.g., your mortgage, credit card, or cell phone company, or their collection agencies)
Any person or entity using the report with your permission to extend credit
State or local agencies, law enforcement agencies, trial courts, or private collection agencies acting under a court order, warrant, or subpoena
Child support agencies
The Commonwealth when investigating fraud, collecting delinquent taxes or unpaid court orders, or performing other statutory responsibilities
Pre or post screening under the Fair Credit Reporting Act
Any person or entity monitoring your credit file with your permission
Any person or entity providing you a copy of the report upon your request
Any person or entity using the information to set or adjust a rate, adjust a claim, or underwrite for insurance purposes
Any employer in connection with any application for employment

12. If I have been the victim of identity theft, what other steps can I take to protect myself?

Add a fraud alert to your credit report . The alert is free and will warn potential creditors that you believe you have been a victim of identity theft. Creditors will be required to take steps to verify your identity and to perform other additional safeguards before issuing credit. If you contact any 1 of the 3 major credit reporting agencies, then they will put the alert in your file and notify the other 2 agencies.

Please see the Office of the Attorney General’s “How To Avoid Identity Theft – A Guide for Victims of Identity Theft” booklet for additional tips on how to protect yourself from identity theft and what to do if you have become a victim. http://www.vaag.com/FAQs/IDTheftBook02.pdf

Contact Information for Victims of Identity Theft
Federal Trade Commission – Identity Theft Hotline 877/ID-THEFT	Equifax Fraud Division 800-525-6285 P.O. Box 740250 Atlanta, GA 30374	Experian Fraud Division 888-397-3742 P.O. Box 1017 Allen, TX 75013	TransUnion Fraud Division 800-680-7289 P.O. Box 6790 Fullerton, CA 92834

13. What are the downsides or limits of placing a fraud alert on my credit report?

Fraud alerts should only be placed after you have been, or suspect that you have been, the victim of identity theft. In addition, a fraud alert on your credit report will not prevent a thief from using your existing account information.

Fraud alerts also may not stop a thief from opening new accounts in your name. Some accounts – like telephone, wireless, or bank accounts – may not require a credit check. Even when credit checks are required, creditors only have to take reasonable steps to verify your identity, and therefore, may not decide to access your credit report before issuing credit.

If you have placed a fraud alert on your credit report, you should keep in mind that your legitimate requests for credit also may be delayed since creditors may need to complete additional procedures for security purposes before issuing credit.

14. What other options do I have to protect myself from identity theft if I do not suspect that I already have become a victim and decide not to place a security freeze on my credit report?

Apply to a credit monitoring program . You can enroll in a credit monitoring program that monitors your credit reports and notifies you of any changes to your account. Features may include: the ability to lock and unlock your credit report for a specific time or company, email notifications, lock history, expense reimbursement, and unlimited access to your credit reports and scores. Fees usually range from around $12 - $18 per month but vary depending on the company.

Added: December 16, 2008
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Added: December 1, 2008
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