CA Law Protects Victims
California takes situations of identity theft very seriously, including providing strong protections for victims that find themselves being falsely accused by the creditor and being held legally responsible for the fraudulent account.
Under California’s Civil Code section 1798.92, a victim of identity theft has protection against a creditor who is holding the victim legally responsible and acting with indifference. A victim can bring a claim against the creditor and obtain an order from the court for the following: (i) an order removing and preventing future adverse and false information on the credit report; (ii) an order preventing the creditor from ever attempting to collect on this debt in the future; (iii) an order preventing the creditor from selling the account to a collection company; (iv) actual damages and statutory damages; (v) reasonable attorney fees and costs.
If you are a victim of identity theft, contact us today for a free consultation.
Federal Law Protects Victims
In addition to state protections, victims of identity theft also have federal protections that are geared towards protecting the victim’s credit report. This is found under the Fair Credit Reporting Act, Title 15 U.S.C. 1681. Upon filing a proper dispute with the credit reporting agencies, it has certain duties that include removing false and inaccurate information, putting an identity theft fraud alert on your credit reports, and permanently blocking information that was published as a result of identity theft. Under the federal act, if a credit reporting agency fails to comply with a victim’s rights, it can be held liable for actual damages, statutory damages, punitive damages, attorney fees, and costs.
If you are a victim of identity theft, contact us today for a free consultation.
Obtaining A Fraud Alert
If you are a victim of identity theft, one of the first things you should do is obtain a fraud alert. A fraud alert requires the credit reporting agencies to present to any user a “clear and conspicuous” notice of the alert, which must notify potential creditors/lenders that you may be a victim of fraud. This fraud alert only stays active for 90 days, but you can extend it for another seven years.
Here is how to get started in obtaining your initial fraud alert: Notify at least one of the credit reporting agencies that you are a victim of identity theft (Experian: 888-3978-3742; Equifax: 800-525-6285; Trans Union: 800-680-72890). You will be required to provide appropriate proof of identity.
Obtaining Your Free Credit Report
Once a year, you are entitled to a free credit report from each of the nationwide consumer reporting agencies (Equifax, Experian, and Trans Union) and nationwide specialty credit reporting agencies. The best way to obtain your free credit report (and avoiding hidden arbitration clauses and hidden offers to sell you something) is to go to www.annualcreditreport.com (a governmental centralized source). Either order over the telephone (877-322-8228) or by filling out the easy form and sending it.
We offer to assist you in obtaining your free credit reports and will review them with you at no charge.
Call Now For A Free Consultation at 408-727-5377.