San Diego Identity Theft Lawyers
Identity Theft Lawyers In San Diego — Protecting The Rights Of Victims Affected By Identity Theft
The U.S. Federal Trade Commission (FTC) reports that cases of identity theft have increased greatly over previous years. Identity fraud is quickly becoming one of the most common crimes in the country, affecting even children. But what is identity theft, and what can you do about it? Are there ways to fight back? It’s important to understand your rights and what you can do if you or a loved one become a victim. A San Diego identity theft lawyer may be able to assist.
At Khosroabadi & Hill, APC, our team of dedicated legal professionals understands what you’re up against. You don’t need an identity theft FAQ to tell you the right answer. After all, the law can be quite complicated when it comes to these issues. The attorneys at our law firm can go over your case and help you understand what you’re up against. And since we offer a free consultation for those affected by identity theft, you can learn more about your rights without any risk.
Don’t wait to fight back. Our legal team is here to make sure you’ve got all the help you need in this fight. Contact us today.
What Is Identity Theft?
Identity theft is the fraudulent acquisition of someone’s personal identifying information and using that information to commit further acts of fraud. In other words, identity theft happens when an individual steals or misappropriates another person’s sensitive information, such as credit card numbers, banking information, or social security numbers — usually to make a financial gain, commit fraud, or engage in other types of criminal activity.
Many people don’t realize it, but there are various forms of identity theft. When you have an understanding of just how many potential targets there are, it becomes clear why identity theft laws are as in-depth and expansive as they have become in recent years.
Financial Identity Theft
This is the most common form of identity theft that people worry about. Financial identity theft occurs when someone either opens or gains access to a person’s bank accounts or credit cards. Someone who has their identity stolen could also find loans taken out in their name and other financial identity theft.
Medical Identity Theft
Another common identity theft incident occurs when someone seeks medical treatment or medications or files health insurance claims in another person’s name. Medical identity theft is a major problem — particularly considering the excessive and growing costs of healthcare in our country.
Criminal Identity Theft
There are frequent cases of mistaken identity in the criminal justice world. Unfortunately, not all of these are accidental. Criminal identity theft occurs when someone gives a false name to police after being arrested. It’s also common for wanted criminals to claim they’re another person to avoid a potential arrest.
Synthetic Identity Theft
Identity thieves are not always content with taking over an existing identity. By combining real and fake information, it’s possible to create a synthetic identity to open bank accounts, take out loans, and engage in other illegal acts. When your information is used in such a scheme, seeking the help of an identity theft lawyer in San Diego is absolutely critical.
Child Identity Theft
Unfortunately, an increasing number of identity theft cases involve criminals using children’s information to open fraudulent accounts. In many cases, the perpetrators of these crimes are related to the child — but strangers can also potentially gain access to this information to obtain credit and other services.
Tax Identity Theft
Criminals also frequently use a victim’s personal information to file tax returns and have refunds issued to their own bank accounts. It’s also possible to use an individual’s personal identifying information to gain employment, and this can have major tax implications for the victim.
California Identity Theft Is Wide-Ranging
In California, the most common types of information stolen from identity theft victims includes their legal names, social security numbers, usernames, and passwords for online websites — including social media accounts and banking information (such as credit or debit card numbers and PINs). Identity theft is a criminal offense in California, and those found guilty could face serious consequences such as fines and jail time. Unfortunately, the preceding list is far from exhaustive.
Identity theft cases also frequently include government benefits, account hijacking, employment, Social Security, and senior fraud. Whether someone is working to obtain credit in your name or seek services you did not approve of, you have rights — and the Fair Credit Reporting Act is one of the many mechanisms protecting you. A San Diego identity theft lawyer can help you understand your rights and how to move forward. Contact Khosroabadi & Hill today for a free consultation.
What Is the Fair Credit Reporting Act?
The Fair Credit Reporting Act (FCRA) was enacted in 1970 on the federal level. It aims to promote fairness, accuracy, and the privacy of consumers’ information. The FCRA regulates the collection, use, and dissemination of consumer information in order to ensure that credit reporting agencies operate in a fair and transparent manner. Fortunately, this had huge implications for victims of identity theft.
For instance, the law lets individuals put a fraud alert on their credit report by contacting one of the three major credit bureaus. This lasts for one year, but it can be extended. It also gives citizens access to credit freezing tools, free credit reports, and the ability to block fraudulent data and dispute information. Of course, the availability of tools means little to those who don’t know how to use them.
This is why many people opt to work with an identity theft lawyer in San Diego. These legal professionals understand the protections provided by the Fair Credit Reporting Act and other laws on the federal and state level. You should certainly file a police report and contact any financial institution you believe may be involved, but reaching out to an attorney could be the smartest decision you make.
How to Take Advantage of the FCRA?
Taking on financial institutions, credit bureaus, and other entities can be a daunting task. In fact, you’re probably unsure of how to even get started. Fortunately, there are very clear steps that you can take under the FCRA. While you should definitely speak with an identity theft lawyer in San Diego, it will also benefit you to understand the tools available when your identity has been stolen:
- Place a fraud alert by contacting one of the three major credit bureaus
- Order free credit reports from all three major credit bureaus to review for any fraudulent transactions or accounts
- Create an identity theft report by filing a complaint with the FTC. Also, take the time to file a police report, which can provide additional documentation
- Consider placing a credit freeze on your reports to prevent any new accounts from being opened
- Dispute fraudulent information with the credit bureaus and provide the necessary documentation
- Contact creditors and other businesses where fraudulent accounts were used or opened. Provide them with your identity theft report and request the closure or correction of affected accounts
Each of these steps is vital if you’re hoping to fight back against identity theft successfully. Remember, you don’t have to go through companies that promise a free credit report; you can actually obtain these from government websites and directly from the bureaus. Of course, this can all be quite complicated, and that’s why everyone should at least speak with an identity theft lawyer in San Diego. This will provide a better understanding of what you’re up against, and if you think you can handle everything on your own, you will at least have a better understanding of your rights. Contact Khosroabadi & Hill, APC, today to schedule your free consultation. Our dedicated team of legal professionals is here to help however we can.
How Does Identity Theft Affect Victims?
Identity theft scams affect all ages and types of people. Older individuals may be targeted by phone or email scams, while younger individuals may be targeted through social media, where hackers can trick them into sharing sensitive personal data. This data can then be used for a variety of nefarious purposes. Clearly, the idea that elderly individuals are the only ones affected is outdated and incorrect.
Identity theft can severely affect a victim’s finances and reputation. A scammer may obtain your credit card or banking information and use it to make purchases or drain your bank account. You could also be affected by someone who creates social media profiles in your name and spams your contacts while pretending to be you. This has become particularly pervasive in recent years. In fact, there’s a good chance you’ve been “contacted” by fake profiles on Facebook or had criminals reach out through your friends’ hacked profiles.
In more serious cases, you may even find that you cannot file a tax return because someone else stole your information and filed it first. They may even give your name and information to a police officer, which could mean you might receive citations, fines, and have a criminal record for something you did not do. And nowadays, because children are gaining access to social media at earlier ages, criminals may also attempt to obtain their information, such as their social security numbers, to open fraudulent credit lines in their names.
All these outcomes can prove disastrous to victims. Unfortunately, these acts can potentially remain undetected for many years — especially when children are the targets. After all, youngsters don’t make a habit of checking their free credit reports. Put simply, the repercussions of identity theft are terrifying — but you don’t have to face uncertain outcomes alone. Our identity theft lawyers in San Diego may be able to help.
Can You Sue For Identity Theft And Recover Compensation?
Identity theft criminals are not always caught, and even when they are identified and prosecuted, victims rarely receive any compensation for their losses and damage to their credit or reputation. California laws allow identity theft victims to initiate a civil lawsuit against the responsible parties, whether that means suing the criminals themselves, the company that allowed your sensitive information to be stolen, or both.
The litigation process for identity theft can be rather complex. As is the case in any civil action, it is up to the victim (the plaintiff) to present sufficient evidence to support their claim and document the extent of their damages. A successful identity theft civil case may result in the plaintiff receiving compensation for a variety of damages, such as financial losses, reimbursement for damage to the plaintiff’s credit score and reputation, and even emotional damages.
In California, such financial awards can be substantial. Our state is among the most progressive in the country, and this means extensive rights are granted to victims of all types of crime. If you’re the victim of an identity theft incident, it’s important to understand your rights and how to move forward. Not only is it possible to have inaccurate information removed from official records, but you might be entitled to financial compensation from perpetrators.
What Can An Identity Theft Lawyer Do To Help?
If you have been a victim of identity theft, you should not have to deal with the consequences of someone else’s fraudulent or criminal activities. You have various protections under the law — ranging from having fraudulent accounts closed to removing unfair information from your credit report. Unfortunately, this can be a difficult endeavor. While there are ways to handle all the necessary steps for combating identity fraud yourself, this can be time-consuming and require hours upon hours of research. You don’t have to go through this alone. A San Diego identity theft lawyer can help.
Reach out to the attorneys at Khosroabadi & Hill as soon as possible so we can help you understand your options to prevent further damage to your identity and finances. We’ll work with you to devise a strategy to hold the responsible parties liable for what happened. In addition to helping clear your name and remove unfair charges and accounts, we can work to make sure identity theft charges are brought against those responsible. Remember, having dedicated legal representation on your side can give you the peace of mind of knowing that things will be taken care of.
Don’t wait — we’re here to assist whenever you need us. Contact us (858) 240-2093 to schedule your free initial consultation. An experienced identity theft attorney at our San Diego office will review your case and help you understand all your options.