Protecting Your Identity in the Digital Age

As the digital age continues to evolve, more of your personal information is stored by companies, financial institutions, and other third parties. Unfortunately, with this convenience comes increased risk. Data breaches, hacking, and even internal mishandling of data have made identity theft one of the most common forms of fraud today. Millions of Americans are affected each year, with criminals using stolen personal information to commit fraud, open accounts, or make unauthorized purchases.

If you have been notified by a company that your data may have been exposed or if you otherwise believe your identity has been compromised, knowing your rights and taking immediate action is critical. The Law Office of Ali Fesh is here to help you protect your identity and recover from the harm caused by identity theft.

Take Action If Your Personal Information Has Been Exposed or Stolen

If you believe your personal information has been exposed or stolen, here are the immediate steps you should consider taking:

1. Check Your Credit Report: Review your credit report for any unfamiliar or unauthorized accounts, transactions, or inquiries.
2. Place a Fraud Alert: Contact one of the major credit bureaus (Equifax, Experian, or TransUnion) to place a fraud alert on your credit report. This will make it harder for someone to open new accounts in your name.
   • • Equifax (https://www.equifax.com/personal/credit-report-services)
     • Experian (https://www.experian.com/help/)
     • TransUnion (https://www.transunion.com/credit-help)
3. File an Identity Theft Report: Report the identity theft to the Federal Trade Commission (FTC) through their online identity theft portal. This can help establish a paper trail and is often required when disputing fraudulent activity.
4. Notify Financial Institutions: If specific accounts have been compromised, notify your bank, credit card issuer, or any other affected financial institution immediately to freeze or close the accounts.
5. Review Your Credit Card and Bank Account Transactions Regularly, to make sure they show only your charges.
6. Consider a Credit Freeze: A credit freeze prevents new creditors from accessing your credit report, stopping new accounts from being opened in your name.

California’s Identity Theft Statute

California residents enjoy stronger protections against identity theft compared to those in many other states. While most states criminalize the theft and misuse of personal information for financial gain, California goes a step further. The California Legislature has empowered consumers to defend against debt collection lawsuits by raising identity theft as a legal defense under California Civil Code § 1798.93.

In cases where the statute is willfully violated, defendants can face up to $30,000 in statutory damages, along with liability for actual damages, attorney’s fees, and court costs. However, there are specific procedural steps that must be followed to successfully assert this defense.

Protecting Your Rights in the Face of Identity Theft

Dealing with identity theft can be overwhelming, especially when fraudulent charges, accounts, and legal issues pile up. California law, in conjunction with federal protections under the Fair Credit Reporting Act, give you strong legal grounds to dispute fraudulent charges, stop collection efforts, restore your credit and take back your identity.

Our firm can help identity theft victims by:

• Filing Identity Theft Affidavits & Notifying Relevant Authorities: We assist clients in submitting the necessary documentation to creditors and credit reporting agencies to dispute and block fraudulent accounts and/or transactions. We also assist clients in notifying the relevant authorities of the identity theft.
• Disputing Fraudulent Debts: If collection agencies pursue you for debts resulting from identity theft, we can represent you in asserting your rights under the California Identity Theft Act to stop these efforts.
• Restoring Your Credit: We will work to clean up your credit report and remove any false or misleading information.

• Taking Legal Action: We can file lawsuits against the individuals or companies responsible for mishandling your personal data, seeking to recover statutory damages, actual damages and/or attorney’s fees on your behalf.

• Providing Guidance on proactive steps to combat future occurrences of identity theft.

If you’ve been a victim of identity theft or are being pursued for fraudulent debts, contact us today for a free consultation. We’ll review your case, explain your legal rights, and help you take the necessary steps to regain control of your identity.