If you have questions or concerns about fraudulent credit reporting in California and the laws that protect you if you are a victim of this unfortunate situation, continue reading and give our skilled California fraudulent credit reporting lawyer a call today. Our legal team is here for you.
What laws can be used for those who have been a target of fraudulent credit reporting?
Many different consumer protection laws can be utilized to sustain victims of identity theft. Fundamental 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, too. Consumer attorneys typically use a combination of many consumer protection laws in order to address each element of fraud and interruption in an individual’s matter.
What is the Fair Debt Collection Practices Act?
This act identifies unfair debt collection practices in the form of collection letters, telephone calls, or collection lawsuits. The FDCPA was put in place because the United States Congress has found substantial evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors, and has determined that abusive debt collection practices have been liable 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 guard 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 found that the right to privacy was being threatened by the indiscriminate collection, maintenance, and dissemination of personal information. Because of this, the CITA has been passed to combat the absence of effective laws and legal remedies in place. To protect the privacy of individuals, the maintenance and dissemination of personal information must be subject to strict limitations.
To recover a penalty for this claim, the consumer must establish that (1) that the consumer provided 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.