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Identity Theft
There are many types of crimes committed worldwide. Those that traditionally garner the most publicity are crimes involving violence or drugs. However, there is an entirely different class of wrongdoing referred to as "white collar crimes." One such white collar crime targets consumers and is called "identity theft." Although identity theft has been around ever since identities were available to steal, it has become much more widespread and gained public notice beginning in the late 1990s. Also, with the changes in technology, identity theft scams have evolved and, in many ways, become more devious and threatening.
What is Identity Theft?
The Federal Trade Commission (FTC) says identity theft, also referred to as identity fraud, occurs when a person, without permission, uses someone else’s personal identifying information, such as a credit card number, name, driver’s license number, and/or Social Security number, to commit fraud or other crimes. Since the creation of the Internet, identity theft crimes have been on the rise. According to the FTC, approximately 9 million people have their identities stolen in the United States annually. There are many different forms of identity theft, but all can have serious consequences for the victim.
Types of Identity Theft
Identity theft may be committed for a number of different reasons, all criminal. Although the crimes vary, identity theft can be categorized into five types:
- Criminal identity theft - a person uses another’s identity when arrested for a crime;
- Financial identity theft - a person uses another’s identity to obtain goods, services, and/or credit;
- Identity cloning - a person uses another’s identifying information to assume their identity in everyday life;
- Medical identity theft - a person uses another’s identity to obtain prescriptions and/or medical care; and
- Child identity theft - a person uses a child’s identity for any of the above purposes.
Most of the time, a consumer is unaware they have been the victim of identity theft until it is too late. By the time they discover what happened, they may have thousands of dollars in credit card debt or may be accused of crimes they did not commit. The consumer must then prove that they are not responsible for what it appears they have done. Even if they submit all the required information to the credit bureaus, ID theft victims may be harassed by creditors attempting to illegally collect fraudulent debts, or their ID theft report, though legitimate, may be denied by the credit bureaus, opening the doors for unfair debt collection practices by creditors. Fortunately, victims of such unlawful practices by creditors or collections agencies, can seek justice through various means including filing a civil lawsuit.
California Identity Theft Law
California takes identity theft and consumer protection very seriously. In addition to criminal penalties for the identity thief, consumers have other types of legal recourse.
California Penal Code Section 530
Identity theft is illegal in California according to section 530 of the Penal Code, which defines identity theft as the "unauthorized use of personal identifying information to obtain credit, goods, services, or medical information in the name of another person." Any person who willfully commits such a crime can be charged with a misdemeanor with a maximum penalty of one year in the county jail and/or a $1,000.00 fine or a state prison sentence and/or a maximum fine of $10,000.00 for a felony.
California Civil Code Section 1798.93
The California ID Theft Law is especially important because it provides identity theft victims with a civil remedy for disputes with creditors and/or collections agencies who resort to unfair or deceptive practices to collect fraudulent debt. The law states that a person who establishes themselves as a victim of identity theft, as defined above, may file a civil suit against creditors who unlawfully pursue debts associated with the theft. If this occurs, the victim could receive all or some of the following forms of relief:
- A declaration that he or she is under no obligation to the creditor/debt collector for the fraudulent claim;
- A declaration that any security or other interest the creditor/debt collector obtained in the victim’s property that is related to the fraudulent claim is unenforceable and void;
- An injunction prohibiting the creditor/debt collector from collecting or attempting to collect on the claim and, in fact, generally prohibiting all action on the claim;
- Damages, attorney fees, other costs and any appropriate "equitable relief" as determined by the court; and
- A civil penalty of $30,000 against the creditor/debt collector.
Protecting Your Future
Being a victim of identity theft can cause severe financial and emotional hardships for an innocent consumer. Recovering after such an ordeal can be stressful and take a long time. If you or a loved one has been the victim of identity theft or unlawful debt collection practices by creditors or uncooperative credit bureaus, California identity theft attorney Howard D. Silver can help. Call attorney Silver today to learn more about your rights at (866) 495-3666.
