California Identity Theft

Fight for your good name and reputation. Sue creditors and collectors who demand you pay when you are a victim.

Just because someone has obtained credit or services in your name does not mean YOU have to pay for it. But you do have to know your rights and act quickly and reasonably to protect your rights and minimize the damage done. You have the right to stand up and protect what you have worked hard for. Use the information below to learn your rights and contact a consumer identity theft attorney or lawyer who can help you. 

Identity theft can be a serious and difficult crime for victims. When a thief uses your personal information to receive credit or services, your life becomes forever altered and you are faced with the task of unraveling the damage done to clear your good name and credit. This process can be frustrating, slow, and confusing. Even though the information here is tailored toward California Identity Theft Victims (especially with respect to legal remedies), any victim of identity theft may be able to use the information to reclaim their identity and assert their rights.

Knowledge is power. Use the information on California Identity Theft and the links from this site below to learn how protect your rights if you are a victim of identity theft. You can under certain circumstances to protect and enforce your rights.

By using the information and links you find "California Identity Theft" you should be able to do the following:

1. Learn what rights you have as a Victim of Identity Theft under California and Federal Laws.

2. Learn the steps you need to take to take to protect your identity and clear your good name.

3. Learn how can obtain a confidential free legal consultation with our lawyers.

4. Learn how you can, under certain circumstances, sue debt collectors, debt collection agencies, credit reporting agencies, and creditors if they continue to harass you over theft of your identity. You can win actual damages or various statutory damages.

Jump to sections of that you are interested in quickly by clicking on the topic headings or the icons above:

IDENTITY THEFT INFORMATION PART I:

Definition of Identity Theft | Why should you care about Identity Theft? | How do you know you are a victim of Identity Theft? | I'm a Victim of Identity Theft.  What do you do?  | First Steps: 1) Get organized 2)  Assess the damage... contact Credit Bureaus 3) File a Police Report

IDENTITY THEFT INFORMATION PART II:

How do I deal with…?  Credit Bureaus and Correcting Fraudulent Information | Fraudulent Credit Card Charges resulting from Identity Theft | Bill Collectors/Debt Collectors/Debt Collection Agencies | Bank Accounts & Fraudulent Withdrawals | Fraudulent Checks & Other "Paper" Transactions | Phone & Utilities Fraud | Mail Theft or Fraud | Social Security Number Misuse | Driver's License Fraud | Passport Fraud | Student Loan Fraud | Tax Fraud | Investment Account Fraud or Theft | Clearing False Criminal or Civil Judgments | How can you prevent Identity Theft? Read some ID Theft Prevention Tips 

WHAT IS IDENTITY THEFT?

You are a victim of identity theft when someone uses your personally identifying information, like your name, Social Security number, credit card number, without your permission, to commit fraud or other crimes.  A few examples may include someone who uses your information to obtain a credit card, a loan, a mortgage, rent an apartment, open up a telephone account,  bank account, write bad checks, or file a bankruptcy case, all in your name.

WHY SHOULD YOU CARE ABOUT IDENTITY THEFT?

Identity theft is a serious crime. People whose identities are stolen can spend months or years, along with thousands of dollars, repairing the damage done to their good name and credit record. Why should you care about identity theft? Many reasons… Here are just a few:

HOW DO YOU KNOW YOU’RE A VICTIM OF IDENTITY THEFT?

You may have no idea.  You can be extremely cautious about never giving your personal information out, only to discover you have been victimized. Discovery sometimes occurs when:

I’M A VICTIM OF IDENTITY THEFT.  WHAT DO I DO?

 

If you’re a victim of identity theft, the harm done can be significant and long lasting. You must act quickly and assertively to minimize and reverse the damage. Get Organized. Keep a detailed log of all conversations, when you deal with authorities and financial institutions. Keep track of dates, names, and phone numbers. Make sure, you also note the time spent and any expenses incurred. Confirm conversations in writing. Send all correspondence by certified mail (return receipt requested) and maintain copies of all letters and documents.

 

 

1.  Assess the Damage

 

How did you learn that you are a victim of identity theft?  Did you get bank or credit card statements with charges you did not make?  Are you receiving calls or letters from debt collectors?  In addition, depending on your initial assessment, how extensive you think the damage is, and how likely it is for thieves to continue using your personal information, you may want to place a FRAUD ALERT along with a CREDIT FREEZE on your credit.

 

 

2.  File a police report

 

 

Note: Knowingly submitting false information could subject you to Criminal prosecution for perjury

 

A police report that provides specific details of the identity theft is considered an Identity Theft Report. This report is very important because it entitles you to certain legal rights.

 

Identity Theft Reports:

• An Identity Theft Report is needed to place an extended fraud alert on your credit report

• An Identity Theft Report can be used to permanently block fraudulent information, such as accounts or addresses, from appearing on your credit report

• An Identity Theft Report can prevent a company from attempting to collect debts that result from identity theft, or selling those debts to others

   

Where should you file your Identity Theft Report?

 

File your identity theft report with your local police department. Provide any information you have about the crime, when it may have occurred, list of fraudulent accounts, and whom you suspect. Update your police report with any new information or new fraudulent activities.

Request a copy of your filed report and keep it for your records. This report helps you deal with creditors and credit reporting agencies who need proof of the identity theft.

 

3.  Contact the Credit Bureaus

Since most creditors will look at your credit file before granting credit, you need to contact the consumer reporting companies immediately if you’ve been a victim of identity theft. You have several options:

 

 

FRAUD ALERTS:

 

 

You have the right to ask the nationwide consumer reporting agencies to place a “fraud alert” in your credit file. Fraud alerts can help prevent an identity thief from opening any more accounts in your name. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you.  For example, you can ask potential creditors to call your cell phone before a new account is opened. There are two types of alerts:

 

1. Initial Alert stays in your file for at least 90 days. An initial alert also entitles you to a free copy of your credit report from each of the consumer reporting companies.

    

2. Extended Alert stays in your file for seven years. An extended alert entitles you to two free copies of your credit report in the 12 months following the placing of the alert from each of the consumer reporting companies. Note, an extended alert may only be placed if you have filed an Identity Theft Report with a police department. In addition, the consumer reporting companies will remove your name from marketing lists for pre-screened credit offers for five years, unless you ask them to put your name back on the list before then.

    

Contact the toll-free fraud number of any of the three consumer reporting companies below to place a fraud alert on your credit report. You may also write to them. You only need to contact one of the three credit reporting companies to place an alert  The company you contact will inform the other two credit reporting companies. However, you should follow up with the other two credit reporting companies to see if the alert has been placed.

 

 

CREDIT REPORTING COMPANIES

 

Equifax

1-800-525-6285

www.equifax.com

P.O. Box 74024

Atlanta, GA 30374-0241

 

Experian

1-888-379-3742

www.experian.com

P.O. Box 9532

Allen, TX 75013

 

TransUnion

1-800-680-7289

www.transunion.com

P.O. Box 6790

Fullerton, CA 92834-6790

 

The credit bureaus will require proof of your identity, such as name, social security number, address, in order to place a fraud alert on your credit report.

 

Once a fraud alert is issued, any further request for credit by anyone, will require verification of your identity before credit is issued.  Naturally, this may cause additional delays, even when you apply for credit. To minimize this delay, provide a phone number where you can easily be reached at the time you place a fraud alert. Make sure all contact information in your alert are up to date.

 

CREDIT FREEZE:  Another option is to place a freeze on your credit report. This will prevent sharing your credit report with potential creditors. Since most businesses do not issue credit without checking a credit report, placing a credit freeze can stop identity theft.

 

Identity theft victims cannot be charged any fees for requesting to place or remove an alert or credit freeze in their report, as long as you provide the credit bureaus with a copy of your police report.

 

 

Review Your Credit Report

 

Carefully review your credit reports for credit inquiries from companies you did not request credit from, account you did not open, or debts you cannot explain. Check that personal information, like your Social Security Number, address(es), name or initials, and employers, are correct. If you find fraudulent or inaccurate information, get it removed. Section “Credit Bureaus & Correcting Fraudulent Information” describes steps to correct your credit report. Continue monitoring your credit report for any fraudulent activity. Update your police report with any new fraudulent activity you discover.

 

CREDIT BUREAUS & CORRECTING FRAUDULENT INFORMATION

The Fair Credit Reporting Act (FCRA) establishes procedures for correcting fraudulent information on your credit report and requires that your report be made available only for certain legitimate business needs.

Under the FCRA, both the credit reporting company and the information provider (the business that sent the information to the consumer reporting company), such as a bank or credit card company, are responsible for correcting fraudulent information in your report. To protect your rights under the law, contact both the credit reporting company and the information provider. Remember to keep a record of all your contact in an Action Log.

The consumer reporting companies will block fraudulent information from appearing on your credit report if you take the following steps:

The credit reporting companies, within four business days after accepting your identity theft report, must block any fraudulent information from your credit repot, and must notify the entity that submitted the fraudulent information, preventing the entity from resubmitting the fraudulent information, or attempt to collect on the fraudulent debt, or sell the debt.  If, for any reason, the credit reporting company decides not to block the fraudulent information, they must notify you of their decision. The creditor or debt collector may continue to report the information if it later learns that the debt is not a result of identity theft.

Your Legal Rights:

You are entitled to damages if fraudulent information is not removed. You are entitled to sue for damages, if either the credit reporting company, or the company which reported the fraudulent information refuse or fail to remove the information from your credit report. Sometimes, damages can be significant if, for example, you are turned down for a home loan or you are denied a job because of the fraudulent reported information on your credit. 

CALIFORNIA IDENTITY THEFT LAWS | READ AND LEARN ABOUT CALIFORNIA IDENTITY THEFT LAWS 

You can pull any of the following legal citations for California through this link: http://www.leginfo.ca.gov/calaw.html

Law of Identity Theft Crime Defined

Use of personal information for unlawful purposes is a misdemeanor/felony.  California Penal Code § 530.5

 

530.5. (a) Every person who willfully obtains personal identifying
information, as defined in subdivision (b) of Section 530.55, of
another person, and uses that information for any unlawful purpose,
including to obtain, or attempt to obtain, credit, goods, services,
real property, or medical information without the consent of that
person, is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.

(b) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.

(c) (1) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment.

(2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person, and
who has previously been convicted of a violation of this section,
upon conviction therefor shall be punished by a fine, by imprisonment
in a county jail not to exceed one year, or by both a fine and
imprisonment, or by imprisonment in the state prison.

(3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as
defined in subdivision (b) of Section 530.55, of 10 or more other
persons is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by
imprisonment in the state prison.

(d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as
defined in subdivision (b) of Section 530.55, of another person is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed
one year, or by both a fine and imprisonment, or by imprisonment in
the state prison.

(2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in
the state prison, or by both a fine and imprisonment.

(e) Every person who commits mail theft, as defined in Section
1708 of Title 18 of the United States Code, is guilty of a public
offense, and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a
fine and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to, subdivisions (a) to (c), inclusive, of
this section. (f) An interactive computer service or access software provider,
as defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the
service or provider acquires, transfers, sells, conveys, or retains
possession of personal information with the intent to defraud.

Law for Credit Reports filled with false/inaccurate information as a result of Identity Theft

If a victim submits police report to a credit bureau listing the fraudulent accounts, the credit bureau must promptly block the information about those accounts and inform the credit grantors that the information has been removed. California Civil Code § 1785.16(k)

 

Law for Credit Reports allowing Security alerts

A credit reporting agency must place security alert within five business days of receipt of the alert from the consumer. California Civil Code § 1785.11.1. There is a civil penalty of $2,500 plus attorneys fees for failure to place the alert. California Civil Code § 1785.11.1(k), SB 602.

Any person who uses a credit report in connection with credit approval may not extend credit or complete a purchase, lease, or rental of goods or services, after notice of a security alert without taking reasonable steps to verify the consumer's identity, in order to ensure that the application is not the result of identity theft. If the consumer has specified a phone number in the security alert, the consumer should be contacted at that number. California Civil Code § 1785.11.1, SB 25, effective July 1, 2004

Law for Credit Reports allowing Security freeze

A credit reporting agency must enable consumer to establish a "freeze," prohibiting the credit bureau from giving report to anyone without the consumer's consent. California Civil Code §§ 1785.11.2  A credit reporting agency cannot charge more than $10 to place or remove the freeze, or $12 to temporarily lift the freeze. California Civil Code § 1785.11.2(m), SB 602

Monthly free credit reports for identity theft victims

An identity theft victim who provides the credit bureau with a copy of a police report is entitled to 12 free credit reports, 1 per month, in the 12 months from the date of the police report. California Civil Code § 1785.15.3.

Duty to cooperate with ID theft victims

Banks, credit unions, savings associations, trust companies, mobile radio services, utilities, mail forwarding services and office or desk rental services, must provide on request of law enforcement or of an ID theft victim copies of applications, checks, account statements, and records of transactions initiated by an imposter. California Penal Code § 530.8, AB 1772, 

 

Credit reporting agency must match information

Where prospective user of a consumer report is a retail seller and intends to issue credit in person to a consumer who applied in person, credit reporting agency must match at least three categories of information. California Civil Code § 1785.14(a)(1)

 

Creditor must verify a change of address on a mailed solicitation

Where credit is to be extended by mail pursuant to a mailed solicitation, requirement to mail the extension of credit to the same address as the solicitation unless the creditor verifies any address change by contacting the consumer. California Civil Code § 1785.14(a)(3)

 

User of a credit report must verify that there was no ID theft where address is mismatched

Requirement for user of credit report to verify requested extension of credit is not an instance of identity theft, where the address on the application does not match the address on the credit report. Civil Code § 1785.20.3 06

 

Address verification by creditor

Credit issuer must verify address if both of the following occur: an application of credit shows a different address than the one on the preapproved offer, and a request for an additional credit card comes within 10 days of a request for a change of address. California Civil Code § 1747.06

 

Truncation of credit card number on transaction slip

No more than the last 5 digits of a credit card number may be printed on electronic receipts. California Civil Code § 1747.09. 

 

Contact info must be included in credit report

Credit report must contain names, addresses, and if provided, phone numbers for customer service, of those who furnished information from the credit report. California Civil Code § 1785.10(c)

 

No forwarding of instant loan checks

Requirement that "instant loan checks" be mailed in envelope that does not indicate a negotiable instrument is enclosed and that is marked "do not forward":

California Financial Code § 22342

 

Credit reporting agency must get certification of identification from retailer

Credit reporting agency doesn't meet requirement to take reasonable steps to verify the identity of user of a credit report where the prospective user of a consumer report is a retail seller and intends to issue credit in person to a consumer who applied in person, unless the retail seller certifies in writing to the credit reporting agency that the seller instructs employees to inspect photo identification at the time of application. California Civil Code § 1785.14(a)(2)

 

Right to sue to clear your name

Right of ID theft victim to bring action or assert defense against anyone claiming a right to money or property in connection with a transaction procured through ID theft. California Civil Code § 1798.93

 

Criminal statute of limitations

The statute of limitations begins to run when the crime is discovered. California Penal Code § 803, AB 1105

 

Penalties for trafficking in personal information

Every person who, with the intent to defraud, acquires, transfers, or retains possession of personal identifying information of another person, is guilty of a crime punishable by up to $1,000 and one year in county jail. California Penal Code § 530.5

 

Local police department must take a victim's police report

Local police department must take a police report, even if crime is committed elsewhere. California Penal Code § 530.6

 

Clearing up criminal identity theft

Judicial process for clearing your name -California Penal Code § 530.6(b)

Data base of criminal ID theft victims - California Penal Code § 530.7

 

California Attorney General ID Theft Hotline-- (888) 880-0240

Streamlined process for showing identity error in criminal case. California Penal Code §§ 853.5, 853.6, Vehicle Code §§ 40303, 40305, 40305.5, 40500, 40504, SB 752

 

Debt collection

Creditor cannot sell a debt to a debt collector once the individual has reported to the credit bureau that the debt resulted from fraud. California Civil Code § 1785.16.2

Victim of identity theft may seek an injunction against a creditor or debt collector who pursues payment from the victim of a debt incurred by a thief. California Civil Code §§ 1798.92-97

Debt collector must stop temporarily collecting a debt after written certification by the consumer that an identity thief incurred the debt. Collection may resume only if the collector makes a good faith determination that the information provided does not establish that the consumer does not owe the debt. California Civil Code § 1788.18, AB 1294

 

Destruction of customer records -- the "shredding" law

Businesses are required to take reasonable steps to destroy records containing personal information upon disposal of the records by shredding, erasing, or modifying the information to make it unreasonable. California Civil Code §§ 1798.80-82

 

Hacker law -- disclosure of computer security breaches

Requires business and government agencies to notify individuals when unencrypted personal information in the categories of Social Security Number, driver's license number, account number, or credit or debit card number has been accessed in a computer security breach. California Civil Code § 1798.29

Confidentiality of Social Security Numbers

• Publicly display or post SSNs
• Print SSNs on ID cards or badges
• Require people to transmit SSNs over the Internet unless the connection is secure or the number is encrypted
• Require people to use the SSN to logon to the Internet without a password
• Print SSNs on mailed documents, unless required by state or federal law
• Embed or encode a SSN on a card or document where it cannot otherwise be printed. This includes chips, magnetic technology and bar coding
• Mail SSN where number visible without opening envelope California Civil Code § 1798.85(a), AB 763, effective January 1, 2004

In addition, a Social Security Number which is part of a family court proceeding must be place in a confidential portion of the court file. California Family Code § 2024.5, SB 660

 

Birth and death certificates

Sworn statement required for issuance of certified copies of birth or death records. California Health & Safety Code § 103526

 

Statement of consumer rights from credit bureau

Credit bureau must give consumers a statement of statutory rights with respect to credit reporting. California Civil Code §§ 1785(f) and 1785.15.3

 

Right to remove name

Consumer has right to remove name from credit card solicitation lists furnished by the credit bureau. California Civil Code § 1785.11.8

 

Credit card consumer may not be required to pay by check

Prohibition on recording credit card number where consumer pays by negotiable instrument (check). California Civil Code § 1725

 

Personal info may not be required to use credit card

Person accepting credit card may not record personal information. California Civil Code § 1748.8

Notice that warranty card is unnecessary

Requirement that "warranty" cards clearly and conspicuously disclose that the card is a product registration card and failure to complete and return the card does not affect warranty rights. Effective Jan. 1, 2004. California Civil Code § 1793.1

Swiping of drivers' licenses

Restricts certain uses and retention of data encoded on drivers' licenses. California Civil Code § 1798.90.1, SB 602, effective January 1, 2004.

Marketing Disclosure

A business that disclose a consumer's personal information to a third party for direct-marketing purposes must give the customer, upon request, the recipients of that information and a description of the categories of the information disclose. Financial institutions may be exempt. California Civil Code § 1798.83, SB 27

 

  

FREE RESOURCES | USE THESE TOOLS AND INFORMATION TO HELP FIX IDENTITY THEFT PROBLEMS

• Get a copy of your Credit Report fore free at ANNUALCREDITREPORT.COM from each of the three major consumer reporting agencies

• Read and use Sample Letters for Credit Reporting Agencies

• Read and use Sample Letters for Debt Collectors

• Read and use Sample Letters for Creditors

• Track of all communications with debt collectors. Download and use this free communication log here.

• Read the Federal Debt Collection Law

• Read Frequent Questions About Debt Collectors

SAMPLE LETTER # 1: FOR CREDIT REPORTING AGENCIES ALERTING THEM TO FRAUDULENT CHARGES & IDENTITY THEFT

VIA CERTIFIED RETURN RECEIPT MAIL

[TODAY’S DATE]

Fraud Department

[Name of Consumer Reporting Company]

[Address]

[City, State & Zip Code]

RE: FRAUD ALERT

Social Security Number: Insert your Social Security Number

Date of Birth: Insert your Date of Birth

Dear [Insert name of Consumer Reporting Company]:

I am writing to inform you that I am a victim of identity theft.  I recently became aware of the fraudulent and unauthorized use of account(s):

[Insert the account(s) fraudulently used and has fraudulent charges].

I did not make those foregoing charges.  Accordingly, I would like for the following action taken on my credit report:

1   Flag my account with a fraud alert.

2.  Insert the following comment in my credit report: “Do not extend credit in my name without obtaining my verbal authorization.”

3.  Send me the names, address, and phone number for all listed accounts that have fraudulent charges above.

4.  Finally, please mail me a free copy of my credit report.

If you have any questions or advice, please contact me.

Sincerely,

[Your name]

[Your Address]

[Your Phone] 

SAMPLE LETTER # 2: TO CONSUMER REPORTING COMPANY TO BLOCK INACCURATE INFORMATION FROM CREDIT REPORT

VIA CERTIFIED RETURN RECEIPT MAIL

[TODAY’S DATE]

Fraud Department

[Name of Consumer Reporting Company]

[Address]

[City, State & Zip Code]

Dear [Insert name of Consumer Reporting Company]:

I am a victim of identity theft. I am writing to dispute and request that you block the following fraudulent information in my file. This information does not relate to any transaction that I have made. The items also are circled on the attached copy of the report I received.

[Identify item(s) to be blocked by name of source, such as creditors or tax court, and identify type of item, such as credit account, judgment, etc.]

Enclosed is a copy the police report regarding my identity theft. Please let me know if you need any other information from me to block this information on my credit report.

Sincerely,

[Your name]

[Your Address]

[Your Phone]

SAMPLE LETTER # 3: TO CONSUMER REPORTING COMPANY REQUESTING A CREDIT FREEZE

VIA CERTIFIED RETURN RECEIPT MAIL

[TODAY’S DATE]

Fraud Department

[Name of Consumer Reporting Company]

[Address]

[City, State & Zip Code]

RE: CREDIT FREEZE

Dear [Insert name of Consumer Reporting Company]:

I would like to place a security freeze on my credit file.

My full name is:

My current home address is:

My former address was:

My Social Security number is:

My date of birth is:

I am an identity theft victim and a copy of my identity theft police report is enclosed.

Sincerely,

[Your name]

[Your Address]

[Your Phone] 

SAMPLE LETTER # 4: LETTER TO DEBT COLLECTOR OR DEBT COLLECTION AGENCY ALERTING THEM TO FRAUDULENT CHARGES AND IDENTITY THEFT

VIA CERTIFIED RETURN RECEIPT MAIL

[TODAY’S DATE]

[Name of Debt Collector]

[Address]

[City, State & Zip Code]

RE: Identity Theft Victim Notice to Cease Contact Immediately

Dear [Insert Name of Debt Collector]:

On [Insert Date], I received a [phone call/letter], informing me that your company is attempting to collect $[amount of debt].

I am a victim of identity theft. The debt about which you contacted me is the result of fraud by someone who used my personal information without my knowledge or consent. I have enclosed a copy of the police report I filed when I learned of the crime. [Instead of the police report, the Federal Trade Commission identity theft affidavit can be provided.] 

This letter is to give you notice to cease all contact with me or anyone else about this claimed debt except the creditor or consumer reporting agency as necessary to clear my name. I understand that under state and federal law, you may only contact me one more time in order to confirm your receipt of this request.

In addition, I am requesting you send me copies of any applications, transactions, or other documents your agency has as proof of the debt.

Sincerely,

[Your name]

[Your Address]

[Your Phone] 

SAMPLE LETTER # 5: LETTER TO CREDITOR ALERTING THEM TO FRAUDULENT CHARGES AND IDENTITY THEFT

VIA CERTIFIED RETURN RECEIPT MAIL

[TODAY’S DATE]

[Name of Debt Collector]

[Address]

[City, State & Zip Code]

RE: Identity Theft Victim Notice to Cease Contact Immediately

Dear [Insert Name of Debt Collector]:

On [Insert Date], I received a [phone call/letter], informing me that your company is attempting to collect $[amount of debt].

I am a victim of identity theft. The debt about which you contacted me is the result of fraud by someone who used my personal information without my knowledge or consent. I have enclosed a copy of the police report I filed when I learned of the crime. [Instead of the police report, the Federal Trade Commission identity theft affidavit can be provided.] 

This letter is to give you notice to cease all contact with me or anyone else about this claimed debt except the creditor or consumer reporting agency as necessary to clear my name. I understand that under state and federal law, you may only contact me one more time in order to confirm your receipt of this request.

In addition, I am requesting you send me copies of any applications, transactions, or other documents your agency has as proof of the debt.

Sincerely,

[Your name]

[Your Address]

[Your Phone] 

FREE LEGAL CONSULTATIONS | CONSUMER LAWYERS

Have you found an lawyer? Does that lawyer want to charge you for a consultation? Does that lawyer want you to pay a retainer before they will do any work for you? Does that lawyer require you to pay all costs, like court filing fees? Not us. 

We are consumer lawyers. We are here for you. We decided to practice law in the field of consumer rights because we are passionate about helping people. Yes, we need to make a living, but we can survive with our the business model:

• MinCal Consumer Law Group will never charge you to speak about your situation.
  • There are no hidden fees.
  • This means we won't charge us if you call us on the phone, contact us through the Internet, or meet with us in person.
• We will help evaluate your situation, provide you with advice, and if we we file a case on your behalf, we usually  pay all the costs.
• We usually work on contingency (depends upon your specific situation)
  • If you lose, you don't have to pay us anything.  
  • However, if you WIN and we recover money on your behalf, we'll share in the award. Fair, right?

If you find another consumer lawyer, make sure you understand what exactly they will do for you, what fees you are responsible for, and how they operate their law firm. Here's how we operate:

Initial Consultation:

Initially, you may choose to contact us through our website, via phone, or through an appointment scheduled for an in-person meeting. During this initial consultation, we will ask you about your situation. We may ask you for any documentation or evidence (letters, envelopes, recordings) you may have. Sometimes your case may developing.. We'll give you advice on what to do... Sometimes you may not have a case. In every situation, we'll be open   or follow up with more questions. Once we conclude our assessment we will tell you if we believe you have a case or not.

Your Case:

If we think you do have a do have a case, we will send you a representation agreement for your review. We will then draft a complaint to be filed in court for your review. Note, if we take on your case, we will usually pay for all the costs associated with filing and asserting your case (you won't have to pay anything). If we prevail on your case, the defendant who has violated your rights must not only pay your actual or statutory damages, but will also pay us our lawyer fees -- this is true in most situations. 

We fight until the end:

MinCal's lawyers will fight to ensure that your rights are enforced and the people who violate your rights are stopped. Just give us a call to see how professional we are and see what results we deliver. We promise to do our best for each and every individual client we serve.

ABOUT CALIFORNIA IDENTITY THEFT | MinCal Consumer Law Group

MinCal Consumer Law Group has offices in San Diego, California.  We serve and help consumers throughout California.  If you live in California then be sure to contact us. Besides helping consumers with problems related to Identity Theft, we also sue abusive debt collectors under the Fair Debt Collection Practices Act (FDCPA), we handle cases related to credit reports under the Fair Credit Report Act (FCRA), and telemarketing under the Telephone Consumer Protection Act (TCPA).