Category Archives: Identity Theft

California Identity Theft Law Provides Stronger Protections to California Consumers Who Are Victims of Identity Theft

In response to the growing scourge of identity theft, California enacted its own Identity Theft Law in 2001. The law provides civil remedies to consumers in addition to the criminal remedies against the actual identity thieves.

As a practical matter, there is frequently little point in bringing a civil lawsuit against an identity thief. If the thief is some computer hacker or is otherwise a career criminal, a civil judgment against him or her will be meaningless. More frequently, we are seeing that the identity thieves are family members, and most victims of identity thefts are unwilling to pursue criminal prosecution against a family member even if he, or she, did commit a crime.

The California Identity Theft law has a very specific function: it gives victims of identity theft a civil remedy against creditors and debt collectors who refuse to cancel identity theft accounts. For instance, let’s say Mary is a victim of identity theft because some company did not secure her personal information and it was stolen. She files her police report and contacts the credit bureaus to notify them of the identity theft. She also contacts all of the creditors of the identity theft accounts (not the creditors of her genuine accounts) and requests that they cancel the accounts because of the identity theft. Several of them do. However, one or two hold out and continue to try to collect on the accounts even after they have been advised of the identity theft situation. They may even sue Mary even though they have been told about the identity theft.

As to these “hold-out” creditors, the victim of identity theft really had limited remedies before the passage of the California Identity Theft law. Defending, and winning, a patently frivolous lawsuit is costly in terms of both time and money, and many consumers faced the dilemma of spending more money to fight than they would spend to settle a frivolous and fraudulent claim. Moreover, traditional common-law legal theories really did not fit well with the growing scourge of identity thefts, and the fact that victims of identity theft badly needed to restore their credit and financial balance to their lives to fully recover and move on.

The California Identity Theft Law permits victims of identity theft to pursue a vast and effective array of remedies against creditors or debt collectors who do not cancel identity theft accounts. The victims can get all of their actual damages, including emotional distress damages; they can get a court order canceling their identity theft accounts and dismissing any lawsuits brought against them for identity theft accounts; they can get their attorney’s fees paid by the “hold-out” creditors or debt collectors and they can even obtain a $ 30,000 civil penalty under certain circumstances. It is a law that all California consumers need to know about.

The legal citation to the law is California Civil Code, Sections 1798.92 through 1798.97.

Here is what California consumers need to know to make the Identity Theft Law work for them:

1.You need to file a police report and/or a Federal Trade Commission fraud affidavit as soon as you learn of the identity theft. If you have trouble getting your local police to accept an identity theft police report, go to for an Identity Theft affidavit, or see the main article on our website about handling identity theft. This article has specific steps you will need to use if your local police department refuses to take your identity theft police report.

2.Send a copy of the police report to the creditor or creditors (or debt collectors), advising them of the known details of the identity theft and requesting that they cancel the identity theft accounts.

3.You must give the creditor or debt collector 30 days to cancel the account and/or dismiss the lawsuit. Sometimes they will request more information from you; if they do, provide it to them. If they do not act within 30 days, or they refuse to cancel the account, then you need to contact our law firm immediately for a free case review and consultation.

4.Remember to keep all correspondence via certified mail, return receipt requested, and obviously keep copies of everything you send and receive. This will not only help us evaluate your case, but these letters are frequently the very best evidence in any claim for a violation of the California Identity Theft Law.

Robert F. Brennan, Esq. is a principal with Brennan, Wiener & Associates, an AV-rated law firm in La Crescenta, CA. His firm specializes in consumer protection litigation including debt collection abuse. He can be reached at

Latest Identity Theft News

Image from page 157 of “authorities reserve and home protection shield handbook” (1918)
identity theft
Image by Web Archive Book Images
Identifier: policereservehom00dawkrich
Title: Authorities reserve and home defense guard manual
Year: 1918 (1910s)
Authors: Dawkins, William Aaron, 1881- Cahalane, Cornelius Francis, 1875- authorities practice and treatment
Topics: Home security league, Nyc Drill and small strategies Police
Publisher: New York, E.P. Dutton & Organization
Contributing Library: Prelinger Library
Digitizing Sponsor: Internet Archive

See Book Webpage: Book audience
Relating to this Book: Catalog Entry
See All Photos: All Images From Book

Follow this link to view book on line to see this illustration in framework in a browseable on line version of this guide.

Text Appearing Before Image:
our item, and attempt to learn all you can of thecircumstances surrounding the theft, so your membersof the division taking within the case from your own reportwill manage to proceed intelligently. If you don’t make amemorandum of all material details, it should be necessaryto send another officer to locate all of them aside prior to the Depart-ment can continue efficiently. A lot of judgment is employed at scene ofthe crime. It could be discovered that if you arrest the thiefon suspicion instantly, and before sufficient evidencehas been gotten to justify it, he will escape belief;for, when a crook knows he is suspected, he can maybe not doanything to corroborate those suspicions. In such a cir-cumstance, you have to straight away telephone the important points tothe station-house in order that a detective may be assigned to thecase. Becoming in plain clothes, along with his identification not known,he can secure proof which you, with your workplace known,might never be capable get. 139 POLICE RESEEVE AND RESIDENCE DEFENSE GUARD

Text Appearing After Image:

Note About Photos
Please note why these pictures are extracted from scanned page images which could being digitally improved for readability – color and look of the illustrations cannot perfectly look like the first work.

Identity Thief – Diana Orders At The Diner

< things type="application/x-shockwave-flash" design="width:425 px; elevation:355 px;" information ="//" >< param name="flick" worth ="//"/ > Awful Employers’ Jason Bateman and Bridesmaids’ Melissa McCarthy lead the cast of Identification Burglar, an all-star comedy where a normal individual is required to extreme measures to remove his name. With every little thing to lose after his identity is swiped, he’ll learn just how crazed you can get attempting to work out a negative credit history.

In movie theaters April 4!

FTC documentary on identity theft

FTC documentary on identity theft

< things kind="application/x-shockwave-flash" style="width:425 px; height:355 px;" information ="//" > < param name="flick" value ="//"/ > < img alt="FTC docudrama on identification theft" src=""/ >

Identity Theft Shield: Protection From Identity Theft

identity theft
by Web Archive Book Images With over 79 million instances of identity theft
in the in 2015, it is one of one of the most quick growing crimes in the United States. Identity burglary prices customers billions of dollars annually, and also is very costly to the individual that ends up being a target of this crime.Identity theft is often checked out as a person’s issue, though it eventually affects all of us. All of us suffer when identity burglary takes place. Identity burglary is a kind of consumer scams that occurs when a person takes or presumes an additional individual’s identity for the purpose of monetary gain, ultimately through some type of criminal activity.Identity burglary happens when somebody uses another person’s sensitive individual data for a prohibited purpose. This consists of the use of Social Safety Numbers, or credit rating card numbers, without consent to obtain some type of monetary gain.In order to not become a target of identification theft, you have to be really mindful with exactly how you handle your sensitive individual data. You likewise have to know your online activity, including the usage of e-mail, as this is coming to be a progressively popular method for identity theft.There are companies that provide identification protection solutions which match the steps that you should be personally taking to safeguard your identification. Because of the reality that the criminal activity of identity burglary is on the increase, you should take some significant procedures in the fight versus identity theft. Among the very best actions to take is to earn use among these identity theft services.An identification theft security firm will instantly place fraudulence notifies on your accounts with the major credit bureaus. Fraudulence informs are among the very best methods to avoid identification burglary, and could be done by hand or with a service. The advantage of making use of a service is

that they will automatically renew your scams signals, which is something that has to be done every 90 days.Identity burglary is definitely rising, so safeguarding your identification is ending up being a more crucial issue. As a result of the severity of this crime, using an identification burglary service to lock down your identity is one the very best means to shield your identity.Not just will an identification theft protection firm really help you secure your identification,
if you take place to become a victim of identity burglary, they will assist you recoup from the crime. So when you purchase the solutions of an identification burglary protection company, you are acquiring a safeguard in instance you do succumb to ID theft.Identity theft is the fastest-growing white-collar criminal activity in
the United States, and it often has damaging impacts on those that become its sufferer. Take the needed actions today to make sure that you do not come to be identity thefts next sufferer. Harvey Warmuth is a consumer supporter for swiped identification protection who feels highly regarding making use of security versus identity theft. To obtain more info relating to identity theft shield, please see his internet site.

Relevant Identification Burglary Articles

A Look at President Bush’s Track Record With Identity Theft

During his tenure as President, Bush has-been criticized on many problems including their handling for the economic climate to your War in Iraq. Whilst the focus of many policies has-been the “war against terrorism,” many Us citizens tend to be waging a war of a new type. They have dropped target to a fast- growing criminal activity consequently they are battling an enemy this is certainly really- prepared and full of unexpected situations. The crime is identity theft and its particular menacing presence is much more common these days than at any point throughout the information age.

Details about identification Theft 2000-present:

In 2001, identity theft had been right taking part in above 40 percent associated with the consumer grievances received because of the Federal Trade Commission, a figure which was about twice as much quantity received in the last 12 months.

In addition reported 2001, there was an alarming boost in identification theft involving personal safety numbers. This criminal activity had increased 500 % in just four years.

In 2002, Identity theft criminal activity was straight involved with losings totaling more than $ 1 billion annually when it comes to lender industry. Through the same period, individual identification theft sufferers destroyed about $ 18,000 each.

Notwithstanding these dramatic increases, just one in three convicted identification theft thieves ever before decided to go to jail.

Exactly what laws and regulations has President Bush finalized to lessen the cases of identification theft as well as its effects?

One legislation that is passed away may be the Fair and correct Credit purchases Act, December 2003. The conditions of this legislation feature:

* Requires merchants to erase majority of charge card figures familiar with transact business online, leaving just the final five digits visible on all receipts

* Creates a National program of Fraud Detection, allowing for customers to report identification theft rapidly and painlessly with one phone call, which then issues a nationwide alert.

* Entitles consumers to at least one no-cost credit history annually from each one of the 3 primary credit scoring agencies.

Another legislation that helps discipline purveyors of identification theft could be the Identity Theft Penalty Act, July 15, 2004. This law:

* Identifies a unique criminal activity now-known as “aggravated identification theft”

* Adds two years to all prison phrases for all those crooks convicted of identity theft whom utilized stolen bank cards or information that is personal in payment of this criminal activity.

Just how are these laws and regulations gonna discourage identification Theft crimes?

According to Betsy Broder, assistant manager the Federal Trade Commission’s Division of Planning and Ideas, “what the law states will likely make it much more likely that thieves tend to be prosecuted. A prosecutor is less likely to deliver an incident if they’re perhaps not probably get any serious jail time when they have a conviction.”

In-may, 2006, another action was taken to avoid identity theft whenever an executive order ended up being granted, creating the nation’s very first identification theft task power. Chaired because of the Attorney General therefore the Federal Trade Commission Chair, this power was made to help police in undertaking its investigations and prosecution of identification theft crimes and crooks. Additionally called on more community awareness and training on techniques for individuals and organizations in order to prevent getting a victim of identification theft crimes.

As soon as the Identity Theft Penalty Act ended up being signed into law, President Bush reported: “The crime of identification theft undermines the basic trust upon which our economic climate depends. Whenever an individual removes an insurance policy, or makes an internet purchase, or starts a savings account, he or she must have confidence that personal economic information will be safeguarded and addressed properly. Identity theft harms not merely its direct victims, but in addition numerous organizations and consumers whoever confidence is shaken. Like many types of stealing, identification theft actually leaves the sufferer bad and experiencing very broken.

Although losses are not calculated just in dollars. An identity theft thief can take the sufferer’s financial reputation. Working up bills on credit card reports that the target never knew existed, the criminal can very quickly damage an individual’s lifelong efforts to build and maintain a credit history. Fixing the destruction may take a lot of time, effort and money to improve. Government features a responsibility to guard people from these crimes and grief and hassle they cause. It is a solemn obligation of our government. I want to thank the people in Congress for recognizing that duty.”

Many members of congress and representatives of various customer interest teams have-been pushing for rules to protect the public from identification theft and to seriously punish perpetrators for this crime. Senator Dianne Feinstein happens to be a champion for reforms and harder legislation for identity theft criminals. She’s fully conscious of the problems brought on by identity theft and she knows how effortless it is to have your identity stolen. Feinstein said: “At a hearing, a police officer from Washington D.C. arrived ahead and gave me a phony charge card which he’d gotten in my name. He showed how is not difficult it absolutely was. He’d gotten it that early morning. I still have it within my desk.” Possibly if more politicians had a reminder given to them like Feinstein did, in the form of a credit card gotten within their title, they might pass more legislation to guard a consumer’s private information and identification whenever conducting business online or simply whenever reading emails.

One simple measure that would prevent an element of the problem is the outlawing of this using personal Security Numbers as an identifier/personal id for everything from a Driver’s License, insurance coverage, or health record. Employing personal safety numbers is just one of the main reasons that identity theft is really common in the United States. Also, having less a Social Security number is the reason identification theft does not take place in various other countries to your extent it will in the U.S. While individuals are promoted to use the essential measures to cut back the cases of identity theft, it is still crucial your government in addition just take a working role by passing regulations with proper penalties for this crime and by using initial activities to protect customers and businesses from identity theft before it takes place.

Lisa Carey is a contributing writer for Identification Theft strategies: prevention and security. You may get tips on Identity theft security, computer software, and keeping track of your credit in addition to find out more about the secrets utilized by identity thieves in the Identity Theft Secrets blog site.

How To Steal An Identity

In this BAFTA shortlisted documentary, Comedian Bennett Arron – which destroyed everything through Identity Theft and had been one of the primary major sufferers regarding the criminal activity in britain – demonstrates just how easy the crime would be to execute, by very first conning most people after which stealing the identification of the Home Secretary. He was arrested in a dawn raid by Scotland Yard yet he did have the ability to possess UNITED KINGDOM Driving Licence Application Form changed.
You Can Easily review his tale right here:
Movie Rating: / 5

Identity Thief (4/10) Movie CLIP – Highway Fight (2013) HD

< item type="application/x-shockwave-flash" design="size:425 px; height:355 px;" data ="//" >< param name="movie" worth ="//"/ >< param name="allowFullScreen" worth="real"/ >< param name="allowscriptaccess" worth="constantly"/ > Identity Thief film clips: GET THE MOVIE: Do not miss out on the HOTTEST NEW TRAILERS: CLIP SUMMARIES: Sandy (Jason Bateman) attempts to convince Diana (Melissa McCarthy) to come with him to Denver as well as discuss the misconception to his employer.

FILM DESCRIPTION: Breakout Bridesmaids star Melissa McCarthy swipes Jason Bateman’s identification in this funny from supervisor Seth Gordon and also Universal Pictures.

CREDIT HISTORIES: TM & © Universal (2013).
Cast: Jason Bateman, Melissa McCarthy.
Supervisor: Seth Gordon.
Producers: Dan Kolsrud, Pamela Abdy, Peter Morgan, Mary Rohlich, Jason Bateman, Scott Stuber.
Film writer: Craig Mazin.

The MOVIECLIPS network is the biggest collection of qualified motion picture clips on the web. Below you will find extraordinary moments, scenes and also lines from all your favored movies. Made by movie fans, for film fans.

Indie & Film Festivals:
Hero Central:
Classic Trailers:
Pop-Up Trailers:
Motion picture Information:
Film Games:
Fandango FrontRunners:

Video Score:/ 5

Do You Need Identity Theft Insurance? And What Is It Anyway?

With the serious nature of identity theft, many people are turning to identity theft insurance as a method of protecting themselves from the ramifications resulting from this crime. But what exactly is identity theft insurance? Do I really need it and how much will it cost me?

Identity theft insurance coverage varies in coverage, deductible and costs, just like many other forms of insurance. In most cases identity theft insurance will cover lost wages due to time taken off work to correct or repair damages due to identity theft. However, this coverage often carries a limit, in the approximate amount of $ 2,000.00. The Privacy Rights Clearinghouse estimates that victims spend on the average the equivalent of 22 work days trying to correct the damage from identity theft.

Identity theft insurance usually also provided benefits coverage for: attorney fees (which may or may not be necessary); notarization of documents, mailing, postage, supplies, copy costs, and phone bill charges which you may incur in an effort to correct the damage done to your credit and financial reputation.

Critics of identity theft insurance claim that it is “not worth the money,” (Consumer Reports magazine, as reported on or that it does not provide enough benefits. The concerns include: identity theft insurance does not provide reimbursement for money that is stolen or for identity theft expenses that occurred because of who the “thief” was. Most commonly a family member is the culprit in the case of identity theft and in that instance most insurance does not pay benefits. A word of caution by The National Association of Insurance Commissioners is that insurance “cannot protect you from becoming a victim of identity theft and does not cover direct monetary losses incurred as a result of identity theft.” Although, an unfair criticism, some conclude that the purchase of identity theft insurance may create a false sense of security, thus consumers may not be as careful with their credit and financial information.

The cost of identity theft insurance cost varies on both the coverage and how you obtain your insurance. Identity theft insurance can range from free to approximately $ 200.00 a year depending on how you have purchased it. There are three main ways to obtain identity theft insurance:

– As a provision in your homeowners or rental property insurance
– As a service of your credit card company, bank or lender
– By purchasing it as an individual–“stand alone” policy

The first step in obtaining identity theft insurance is to contact your banks, credit cards, lenders and insurance providers. Determine what coverage you have, how much it will costs to add additional coverage or to add identity theft to an existing policy and get details of the existing provision if it exist. You may need to purchase it as a “rider’ or extra to your existing policy much like purchasing flood or earthquake insurance – but not as expensive.

In some cases credit lender; such as the credit card company, mortgage or other loan provider, provide identity theft insurance. This coverage may be free or it may require a yearly service fee through the lender. For example, American Express provides some form of identity theft insurance to its card holders free of charge; MasterCard offers it through the specific banking partners and VISA may do a combination of both options. One word of caution, make sure that the identity theft insurance covers all your existing credit, not just the one card associated with the coverage. If it only covers one card, that what happens to the remainder of your credit?

One other option is to purchase your own “stand alone” policy through most of the major insurance providers such as Nationwide, State Farm, and/or Farmers Group. If you are not using a “major” player in the insurance field be sure that the company you are purchasing from is reputable. Sometimes these are the most dangers purchases of all as they may be an effort to gain your credit information for the sole purpose of identity theft. If your insurance provider bills this coverage monthly, be sure to multiply the monthly cost by 12 to determine the yearly costs. Most importantly make sure to keep your coverage current.

Another consideration when utilizing identity theft insurance is the level of deductible. Generally the range from $ 100 to $ 250, but some may be as high as $ 1,000. The Federal Trade Commission estimates that the average victim spends less than $ 1,500 to recover from identity theft so it important to do the math and determine if your insurance premium plus deductible is a good value as well as provides the right level of protection for you and your family.

Nothing can protect you completely. It is important to follow all the basic rules for protecting your credit, identity, and financial information like: keeping your personal and credit information in a safe place, not releasing the information to others and shredding all documents. But it is also good to know that you can also have for free or purchase additional assistance in the form of coverage and monetary support during one of the most difficult financial times in your life.

Finding out about damages to your identity and credit is just the beginning. After that begins the time consuming and often frustrating process of repairing the damage and correcting the mistakes. Identity theft insurance may be your choice to help you through this expensive and frustrating task. Make sure you know what options and coverage are available to you.

Lisa Carey is a contributing author for Identity Theft Secrets: prevention and protection. You can get tips on Identity theft protection, software, and monitoring your credit as well as learn more about the secrets used by identity thieves at the Identity Theft Secrets blog