To learn more about fraudulent credit reporting in California and the laws that protect you if you are a victim of this unfortunate situation, read on and give our skilled California fraudulent credit reporting lawyer a call today. Our legal team is on your side.
What laws can assist those who have been a target of fraudulent credit reporting?
There are several different consumer protection laws that can be utilized to sustain victims of identity theft. Key examples of this are the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act. Furthermore, California’s Identity Theft Act or common law intrusion upon seclusion aid as well. Consumer attorneys usually use a combination of many consumer protection laws in order to manage each element of the fraud and interruption in an individual’s case.
What is the Fair Debt Collection Practices Act?
This act recognizes unfair debt collection practices in the form of collection letters, telephone calls, or collection lawsuits. The FDCPA was enacted because the United States Congress has found abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors, and has decided that abusive debt collection practices have been responsible for many personal bankruptcies, marital instability, the loss of jobs, and invasions of individual privacy. Congress wrote the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq, to eliminate abusive debt collection practices by debt collectors, to guarantee that those debt collectors who withhold from using abusive debt collection practices are not competitively disadvantaged, and to facilitate continued State action to protect consumers against debt collection abuses.
What is California’s Identity Theft Act?
When enacting California’s Identity Theft Act, Cal. Civ. Code §§1798.92 et seq. (“CITA”), the California Legislature discovered that the right to privacy was being threatened by the indiscriminate collection, maintenance, and dissemination of personal information. As a result, the CITA has been passed to combat the absence of effective laws and legal remedies in place. To protect the privacy of individuals, it is important that the maintenance and dissemination of personal information be subject to strict limitations.
To recover a penalty for this claim, the consumer must establish that (1) that the consumer supplied the business with written notice at least 30 days before filing this case informing the business that she was the victim of identity theft; (2) that the business failed to diligently investigate the consumers identify theft claim; and (3) that the business continued to pursue its claim against the consumer despite “being presented with” facts sufficient to show that he or she was the victim of identity theft.
Contact a California Consumer Lawyer
If you are facing any sort of consumer-related issue, such as one involving identity theft, a credit report dispute, or you need a debt collection defense attorney to fight for you, our firm is ready to help. Contact Loker Law, APC today to schedule your initial consultation with our experienced legal team.