Identity Theft

Carlsbad, CA Consumer Protection Attorneys

What Is Identity Theft?

Identity theft occurs when someone uses your personal information—such as your name, Social Security number, bank account information, credit card numbers, or login credentials—without your permission to commit fraud or other crimes.

Identity theft often follows a data breach, but it can also occur through phishing scams, malware, stolen mail, compromised online accounts, or dishonest employees with access to sensitive information. Once a criminal has your personal information, they can open credit accounts in your name, drain your bank accounts, file fraudulent tax returns, take out loans, or even transfer real property without your knowledge.

The financial and emotional consequences of identity theft can be severe and long-lasting.

What Law Protects California Residents from Identity Theft?

California provides strong protections for victims of identity theft under the California Identity Theft Act (Civil Code § 1798.92 et seq.).

Under this law, identity theft victims have important rights, including:

• Right to Sue: Victims may bring a civil lawsuit against persons or businesses that wrongfully obtained, transferred, sold, or used their personal identifying information for unlawful purposes. Courts may award actual damages, injunctive relief, and attorney’s fees.
• Right to Clear Fraudulent Debts: Victims may demand that businesses stop collecting on debts that resulted from identity theft and correct inaccurate records.
• Right to Injunctive Relief: Courts can order wrongdoers to stop using or possessing stolen personal information and to take steps to prevent further misuse.

These remedies are designed to help victims regain control of their financial identity and prevent ongoing harm.

What Should You Do If You Are a Victim of Identity Theft?

If you believe your identity has been stolen, you should act quickly:

• File a Police Report and/or an FTC Identity Theft Report: In order to bring a claim under the California Identity Theft Act, you must file a report with either the local police or the Federal Trade Commission (FTC).  You should consult an attorney before doing so to make sure you provide all necessary information.
• Secure Your Accounts: Change passwords, enable multi-factor authentication, and notify your banks and credit card issuers.
• Monitor Credit and Financial Activity: Review bank statements and credit reports for unauthorized transactions. Consider placing a fraud alert or credit freeze with Equifax, Experian, and TransUnion.

Hire an Identity Theft Attorney: Clapp Legal APC can help stop fraudulent activity, clear your name, and pursue compensation from responsible parties.

About Clapp Legal APC

For more than 30 years, the attorneys at Clapp Legal APC have been protecting the rights of California consumers and employees. We have recovered more than $500 million for our clients in verdicts and settlements. (Of course, results depend on the facts of each individual case, and we can’t guarantee any particular result.) We work on a contingency basis, which means we are paid attorneys’ fees only if we recover money for our clients. Contact us to set up a free, no-risk consultation.