Convicted ChoicePoint data thieves, brother and sister team of Adedayo and Bibiana Benson are about to be incarcerated as federal felons in a case involving illegal access to as many as 10,000 consumer files, some of which were used to commit at least $1 million in fraud.

The sentencing comes in the midst of the larger, more recent ChoicePoint investigation that left at least 750 consumers victims of identity theft.

Consumer advocates say the investigative double whammy underscores the weaknesses of identity protection laws and the need for greater consumer scrutiny and involvement in pressing for stronger laws.

The Bensons were convicted March 7, but others were only recently arrested for a similar pilfering of some 145,000 data files from Alpharetta, GA-based ChoicePoint which warehouses personal and financial data and has some 19 billion public records in its databases. The recent theft resulted in some 750 cases of identity theft.

If you are a victim of identity theft, you don't actually lose your identity and wander aimlessly like a John or Jane Doe. Identify theft or identity fraud is committed by financial thugs who steal your personal identifying information -- Social Security number, date of birth, mother's maiden name, etc. -- and then use that information to access your existing credit and financial accounts and to open new accounts for fraudulent use.

The actions can ruin credit reports, lower credit scores, and otherwise, until the ruse is discovered and corrected, wreak havoc on records used to obtain credit, jobs, insurance, housing, and other goods and services including a mortgage to buy a home.

The most recent stolen ChoicePoint files contained names, addresses, Social Security numbers, drivers' license numbers, abbreviated credit reports, bankruptcy filings, professional licenses, and real property data.

"Too many companies inadequately protect our private information and fail to rectify, or at least swiftly rectify, the situation when problems arise," says Steve Blackledge, legislative director of the California Public Interest Research Group or CALPIRG, a consumer advocacy group's California branch in Sacramento.

CALPRIG is calling for tougher identity theft laws and a new internet-based group, ChoicePointClassAction.com is keeping an eye on the ChoicePoint investigation and court suits.

California is the only state in the nation requiring companies to notify its residents when their personal data has been compromised. After ChoicePoint became aware of stolen files in the recent case, the company first reacted only to California law and announced that 35,000 files of California consumers were stolen. Only later did an additional 110,000 consumers nationwide learn that their files had also been stolen.

"California's now highly touted identity theft law, which forces companies to tell consumers if their information has been stolen, should be replicated in other states and at the federal level. The success of the California identity theft law demonstrates the wrong-headedness of the all-too-frequent congressional attempts to preempt state laws on identity theft and other topics," Blackledge said.

ChoicePoint recently announced it was hiring an independent privacy officer and that it was tightening controls on data sales, but it is now being investigated by the Security Exchange Commission and the Federal Trade Commission. A Congressional hearing is scheduled, shareholders and others are suing the company and an MSNBC report reveals an unknown number of ChoicePoint consumer records are riddled with errors the company said it can't correct.

It gets worse.

On March 9 Reuters reported the Secret Service and Federal Bureau of investigations (FBI) were looking into another personal data security breach of 32,000 consumer files at LexisNexis another data gathering farm.

Primarily to assist consumers who are victims in the ChoicePoint data theft case, ChoicePointClassAction.com has set up a web-based clearinghouse offering both class action updates and, along with CALPRIG, information about identity theft protection.

More assistance is available from a host of new protections under the Fair and Accurate Credit Transactions Act (FACTA), which was enacted Dec. 4, 2003, to amend the Fair Credit Reporting Act (FCRA). Also, the lesser known final FACTA rendering allows you to see, for free, your ChoicePoint files and others from similar companies.

Consumer advocates also suggest taking the following steps to protect your identity:

• Pull your free credit reports from the three credit reporting agencies and other firms like ChoicePoint to examine them for accuracy and completeness. The reports are free in the West and Midwest only to date, but in areas where it isn't free (but will be later this year) it's worth the nominal cost of $10 or less to get your credit report now instead of waiting for the free report in your area.

  Consumer advocates say you should check your credit report every six months. FACTA says there is no waiting period for ChoicePoint records and others from similar data farms which are free nationwide now. FACTA also allows you (if you are in areas where the rollout is complete) to get a free credit report from each credit reporting agency each year. That means if you get one report at a time you can actually review your credit reports three times a year. That's provided you obtain one every four months or so choosing a different credit reporting agency each time.

• If you're a victim of identity theft or believe you are (including those who were notified by ChoicePoint that their records were stolen) and want to take extra precaution, contact the three major credit bureaus and put a freeze on your credit account. This allows you to control who can access your credit account.

• Rip up or shred bills, monthly statements, credit offers, and the so-called "convenience checks" before recycling them.

• Opt-out of pre-approved credit offers by calling 1-888-5-OPTOUT (888-567-8688), a number established by the three major credit bureaus allowing you to opt out of most pre-approved credit offers.

• Avoid giving merchants more information than they need. Do not write your Social Security number on checks.

• Contact your Congressional or state legislative representative for stronger identity theft laws.

• Read the hotlinked stories below and get up to date on the latest identity theft laws, resources, and assistance.