When someone uses your identity for their own benefit, it can be frustrating to learn that you are the victim of identity theft. However, it’s important to understand that, while often used interchangeably, identity theft and identity fraud are two different actions that can have significant impacts. As such, if you believe your information has been compromised in California, the following blog explores not only the differences between these two acts, but the signs that can indicate that you are a victim and your legal rights as a victim. In addition, you’ll learn the importance of discussing your circumstances with a San Diego County identity theft lawyer to help you explore your rights.
What Is the Difference Between Identity Theft and Identity Fraud?
While identity theft and fraud both revolve around the information of unsuspecting victims, it’s important to note that these are two different acts. Generally, identity theft occurs when someone steals the information of another person’s identity to obtain goods or money.
Identity fraud, on the other hand, occurs when the stolen identity is used to commit acts of fraud or deception, like opening accounts in the person’s name or filing false tax returns. Often, identity theft is a precursor to identity fraud.
For example, a hacker may commit identity theft when they steal sensitive information, like your full name, Social Security number, and date of birth, from an online database. However, they may then sell your identity to another criminal, who then commits identity fraud by using your information to take out large loans.
Do I Have Any Legal Actions if I’ve Been Impacted?
If you are the victim of identity theft in California, it’s critical to understand that you have a number of rights to help you reclaim your identity. One of the most important steps you can take is to petition the court to clear your credit report of fraudulent accounts and debts that were opened in your name as a result of identity theft. This can help restore your credit while preventing debt collectors from taking action against you.
You also have the right to take legal action against the perpetrator. It’s important to note that, unfortunately, prosecuting identity theft and fraud can be difficult, as many criminals are incredibly sophisticated and difficult to track. However, if they can be located, you’ll be eligible to file a claim against them for both economic and non-economic damages suffered as a result of their actions. If a company was negligent in protecting your information, thus leading to the theft of your identity and subsequent fraud, you can pursue legal action against them for their negligence.
As you can see, falling victim to identity theft in California is not something that should be taken lightly, which is why working with an experienced attorney with Barthel Legal is in your best interest. Our team understands that these matters can be incredibly complicated to navigate, which is why we will work tirelessly to help you reclaim your identity. Contact us today to learn how we can assist you.
