Free Buyer GuidesLos Angeles Identity Theft Victim Attorney
ID Theft Victim Rights
Identity theft is illegal. Even if the victim had misplaced or lost their wallet, thrown away personal information without shredding it, or was duped by a phishing scheme, those who have had their identity stolen are still the victim, and the thief is still the criminal. Oftentimes, identity theft victims blame themselves, believing it a result of their own naiveté or carelessness, but they are not responsible. If a person loses his or her wallet and someone else finds it, the right thing to do is return it. If the person who finds it decides to steal the identity within that wallet and commit fraud, the blame lies with them and only them. Nevertheless, convincing everyone involved is often difficult and frustrating.
Federal Trade Commission
All ID theft victims have the right to file an official complaint with the Federal Trade Commission (FTC). The complaint, plus any other documentation, can be used to prove that the ID theft victim is, in fact, the victim.
Law Enforcement
Identity theft victims should also file a police report with their local law enforcement agency. The combination of the FTC ID Theft Complaint and police report can serve as an official Identity Theft Report, which provides details of the fraudulent activity and compromised accounts.
Credit Bureaus
ID theft victims have the right to analyze their credit report for suspicious activity. Consumers may receive one free credit report per credit bureau every year, and can purchase additional reports for a fee. Consumers also have the right to place a credit freeze or a fraud alert on their credit report if they suspect or discover fraudulent activity. An ID theft victim must also provide the credit reporting company with their Identity Theft Report to ensure the deletion of fraudulent activity from their report.
Creditors
Fixing compromised credit is one of the biggest obstacles an identity theft victim must face. Many creditors and collections agencies may try to collect fraudulent debts from the victim, even after all documentation supports the claim of identity theft. An identity theft victim has the right to refuse to pay any debt or fees resulting from identity theft. Creditors and collection agencies should be prevented from attempting to collect fraudulent debts once the Identity Theft Report is filed and approved. That is not always the case, however. If creditors continue attempting to collect fraudulent debts unlawfully, then the ID theft victim has the right to file a civil action against those creditors.
Pursuing a Civil Action
Every identity theft victim in California has the legal right to pursue a civil action against creditors, debt collectors or collection agencies that unlawfully refuse to cease attempts to collect debts accrued as the result of the identity theft. If you have been the victim of identity theft and unfair debt collection practices or uncooperative creditors, California ID theft victim rights lawyer Howard D. Silver can help. To learn more, call today at (866) 495-3666 for a free consultation.