Loker Law

What to Know About Fraudulent Credit Reporting in California

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If you would like to learn more about fraudulent credit reporting and what laws are enacted to protect you under these stressful circumstances, give our firm a call today to speak with a California fraudulent credit reporting lawyer today.

What laws can help those who have been a victim of fraudulent credit reporting?

There are a number of different consumer protection laws that can be used to support victims of identity theft. For instance, there is the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and the Telephone Consumer Protection Act. In particular, California’s Identity Theft Act or common law intrusion upon seclusion aid as well. Consumer attorneys often use a mixture of many different consumer protection statutes in order to address each element of the fraud and interruption in an individual’s circumstance.

What is the Fair Debt Collection Practices Act?

This act acknowledges unfair debt collection practices in the form of collection letters, telephone calls, or collection lawsuits. The FDCPA was passed because the United States Congress has found ample 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 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 stop 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 constant State action to defend consumers against debt collection abuses.

What is California’s Identity theft act?

When passing California’s Identity Theft Act, Cal. Civ. Code §§1798.92 et seq. (“CITA”), the California Legislature found that the right to privacy was being intimidated by the indiscriminate collection, maintenance, and dissemination of personal information. Because of this, the CITA has been enacted to battle the lack of effective laws and legal remedies in place. To protect the privacy of individuals, it is essential that the maintenance and dissemination of personal information be subject to stringent limits.

In order to recover a penalty for this claim, the consumer must show 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 Ma 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.

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