Identity theft is only getting more and more common in this digital age. As a result of the Equifax data breach and other big data breaches, it is only a matter of time until your identity is stolen. If you see suspicious charges or fraudulent debts, it’s important that you reach out to a San Diego identity theft lawyer ASAP!
How an Identity Theft Attorney Helps Identity Fraud Victims
If you are located in San Diego or anywhere else in California, California identity theft attorneys can help you with disputing and recovering from identity theft. Most people have experienced a personal identity theft incident. In fact, more than a million American consumers were victims of identity theft in 2019. Whether you have lost or stolen your identification, your legal options are important.
Under the California Identity Theft Law, California Civil Code 1798.93, identity theft victims can be relieved of fraudulent credit accounts. Furthermore, if victim of identity theft can also recover up to $30,000 in statutory damages. A stolen identity is a scary thing, so it’s important to get an identity theft attorney to help navigate these issues.
What is the Potential Impact of Identity Theft on a Person’s Finances?
Identity thieves can obtain credit in your name, steal money from your bank account, or open credit card accounts. Even worse, you can’t expect the identity thief to pay the charges on the credit card statements. These delinquent charges will have a disastrous effect on your credit report and this will cause the damage to linger. It will go beyond an identity thief incurs debt
An identity theft victim can have fraudulent debt or financial accounts that have a negative impact on their credit report. Even worse debt collectors might bring lawsuits against the consumer on behalf of credit card companies.
The Difference Between a Consumer Identity Theft Attorney and a Criminal Prosecutor
You could also face unauthorized credit cards, a bogus banking account, and other financial problems. Financial complications can be detrimental to your financial future. You might think that if you found the culprit and made his money pay you could get a lot of money back from them.
Role of a Criminal ID Theft Prosecutor
A criminal prosecutor might be able to bring a case for you if you know the thief’s identity. Even if the thief is found guilty of the crime, you still may not recover your lost money. Your funds may have been used up already by the time the case is resolved. A criminal prosecutor’s job is to get the criminal in jail, not to make you whole.
Stealing someone’s identity is a serious crime. Government attorneys prosecute under State or Federal law for this crime. For example, government attorneys such as Attorney Generals, District Attorneys, or State Attorneys with bring an action against the criminal. However, it’s challenging to catch identity thieves and even create a strong case against them. In case of identity frauds that take place online, the criminals remain anonymous. This makes it even more difficult to prosecute them.
Is a Consumer Identity Theft Attorney a Better Option?
For a Consumer Protection attorney who knows identity theft laws, the focus of the identity theft lawyer is to make you whole. Nick is a San Diego Identity Theft Lawyer that brings suits against the banks to hold them responsible for not protecting their customers.
Many federal laws protect identity fraud victims. All of these laws aid the victims in refunding their stolen money, restoring and correcting credit card history, eradicating unauthorized credit card charges, and so on.
How much can Identity Theft Cost You?
Typically, the most important concern among people with identity theft is not theft itself, but dealing with the result. Identity theft in credit cards is generally more widespread. After all, people willing to commit identity theft usually want money and the ability to obtain credit cards or loans that they won’t need to repay. In addition, they can cause victims to become chased and charged by creditors or even unable to obtain further money.
When a thief has your social security number they might use it to obtain credit or to gain access to your financial institution so that they can access your bank accounts. Financial institutions often do not prevent identity theft, and this can result in you losing your hard-earned money. This can cause great financial losses because once the thief is in your account, they will take as much of your money as they can. Sometimes this leaves victims without a penny to their name.
Equifax, Trans Union, Experian, and the Fair Credit Reporting Act
While it is almost impossible to secure private and financial information, individuals can make creating accounts with stolen identities as easy as possible. Unlike credit rep
ort fraud, a credit report can be used against a person based in a certain area. The law mandates that the credit bureaus protect consumers against inaccurate information in their credit reports, including fraudulently opened accounts.
Identity theft is likely to negatively affect your credit rating. The Fair Credit Reporting Act requires credit reporting agencies to detect and correct errors in the reports they submit. However, these credit bureaus often fail to identify fraud, even when they receive a detailed dispute letter from the victim. The FCRA permits individuals suffering from an unsatisfactory credit report to seek restitution for losses. This could include statutory damages if the errors are still found on their reports.
The FCRA also requires that credit bureaus block fraudulently opened accounts from appearing on a victim of identity theft’s credit report. There are certain pieces of information that must be included in the request for a block on the account to be valid. So it is important that you reach out to an identity theft lawyer to get help on properly disputing.
What Information Will Your Identity Theft Lawyer Need from You?
You can get legal advice by gathering and providing the following information:
- Proof of personal information and your identity like a photo ID card, address proof (could be a mortgage statement or work utility bill), your Social Security Number, as well as your date of birth.
- Police Report or Identity Theft Affidavit is an important tool to show financial institutions or the fraud department and credit reporting agencies that you are telling the truth.
- The related documents of the accounts that fell prey to theft, including bank statements, credit card statements, debt collection forms, and credit reports.
- Any paperwork regarding an identity stolen. This includes bank account history proof, your credit card history (visibly portraying the absence of hefty charges or withdrawals before), traveling schedules or work schedules (portraying your location and the theft location don’t match), or any other evidence that backs a claim of identity fraud.
- A detailed explanation of when you found out about the theft and the series of steps you have taken to attend to it so far. Even the tiniest details hold value as they can improve the credibility of your case, further enhancing your chances of success.
- A brief list of queries that are specific to your situation. Ensure that you have all the required information available so that the best possible decisions can be made.
The Right Time to Contact a San Diego Identity Theft Lawyer
It’s important to immediately contact an identity theft lawyer. These identity theft lawyers can help you dispute the fraudulent information and assert your legal rights. An individual’s identity is an important part of who you are and it’s important to take legal action to get back what is yours.
Hopefully, you contact companies affected by identity theft and get their help in resolving the problem. In some circumstances, however, financial institutions or credit reporting agencies do not do the right thing and release you from fraudulent charges. If your credit card company may make unpaid charges available to your credit card according to your credit reports. Alternatively, the credit reporting agencies can’t rectify your credit history. Sometimes the firm may not notice your message. When you’ve hit the tangled lines, you may find that the time is right for you to talk to a reputable and successful Identity Theft lawyer.
Remedies an Identity Theft Attorney Can Request on Your Behalf
Possible damages for a claim will depend primarily on the factual basis. Identity theft victims have legal rights in California under California Civil Code Section 1798.93. This law is called the California Identity Theft Law. The California Identity theft law says that a victim of identity theft is not liable for credit accounts that are fraudulent. If after notice, the debt collector or credit card company does not release the victim of identity theft from the debt, then the victim could be entitled to actual damages, including emotional distress damages, and attorneys’ fees and costs. Financial institutions should not get financial gain from your identifying information being stolen.
If these financial institutions refuse to release you from a fraudulent debt, they are liable for the damages caused. This may be as simple as the emotional toll that this has taken on you. However, it could also be more complex, like denied loans or an increase in your credit card’s annual percent interest.
What should you do if you are a victim of identity theft?
If you are a victim of identity theft, the first thing you should do is reach out to the financial institution and let them know of the fraud. The second thing you should do is reach out to an identity theft attorney at a consumer protection law firm to help with the dispute process. Financial institutions, credit card companies, and credit reporting agencies all have specific ways to dispute.
How should I notify someone who is a victim of fraud? Close any fraudulent accounts that were accessed by anyone and turn on the fraud alert. Inform the Federal Trade Commission if you find someone who was stolen. Report to the local police department. For more information about identity theft, visit IdentityTheft.gov.
Who to contact for identity theft?
Make sure the bank is informed of any unusual activity on your account. Please send in copies to check if you have unauthorized credit applications. Tell the authorities of stolen credit applications or personal data. Request a crime reference number. But most importantly, make sure to call an identity theft attorney!
How can I talk to California Identity Theft Lawyers for free?
Barthel Legal has represented consumers all over the state of California and Nevada. Mostly these are victims of fraud or identity theft. Barthel Legal’s goal is to get each consumer back on their feet and to punish any financial institution for its bad actions.
Contact Barthel Legal today to get a FREE consultation. An experienced identity theft attorney may be able to help you with your issues of identity theft. The consultation with a legal representative will be provided for FREE!
