Tag Archives: 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 www.ftc.gov 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 athttp://SoCalDebtCollectionAbuse.com.

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
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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 the Differexce a POLICE RESEEVE AND HOME DEFENSE GUARD

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.

Learning About Identity Theft Prevention

It seems that nothing in this world is safe anymore as more and more people understand the need for identity theft prevention. Most people go about this through credit monitoring but some people find that more drastic steps need to be taken. In order to truly be good at identity theft prevention, you almost have to become paranoid to an extent in order to protect yourself and your credit. You have to be very careful with the way you do things because thieves are just about everywhere you look.

Identity theft prevention is about being two steps ahead of the criminals that are trying to steal your identity. The purposes for the thieves wanting your identity vary depending on whom it is you are dealing with. But either way, identity theft is a crime and if it happens to you it can truly mess up your entire life. Whether you try to buy a house, a car, or get a credit card, the mess left behind from a thief can take months, and in some cases, years to get cleared up. This is why identity theft prevention is so important in the first place so that you are not faced with such issues later down the road.

Steps You Can Take

While these steps may seem a little over the top, it is the only sure fire way to make sure that you are not scammed. Being good at identity theft prevention means that you are securing your financial future. First thing to think about is identity theft prevention over the Internet since we, as consumers, seem to buy so many things online. Because of the way the web is set up, it is so easy for a criminal to steal your personal banking or credit card information and pretend to be you in order to get what they want. So instead of using your major credit card or bankcard, it is advisable to use a third party payment system in order to protect yourself.

Also, it is important to make sure that you always are looking closely at the machines that you swipe your card through at the stores. If there is something that looks odd or out of place attached to the machine, do not run your card through it, as it may be a device to steal your information. Make sure that you never carry your social security card in your wallet as well because if that information gets out, anyone can get a credit card in your name. Identity theft prevention is all about being aware of what is going on and keeping your eyes open for things that are out of place. It is completely up to you to make sure that your identity is protected.

Bill Protresi is an online security providing tips and advice. Visit Bill at his general security site

who offers the best identity theft protection | reviews of lifelock identity theft protection

http://toplegalsolutions.com | who offers the best identity theft protection | reviews of lifelock identity theft protection
Stay informed about the latest identity theft news and stories and learn what law enforcement and elected officials are doing to protect consumers from becoming victims.

Crimes
Identity theft is a crime that can be perpetrated using low-tech methods such as dumpster diving or much more tech-savvy means including phishing e-mails, skimming devices and malicious software known as malware. There were 12.6 million victims of identity fraud in the U.S. in 2012. Identity theft tops the list of consumer complaints that are reported to the Federal Trade Commission every year.

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Data Breaches
A data breach occurs when confidential information, like your Social Security number, credit card number or health information, is exposed or accessed by an unauthorized person. Studies show that individuals who receive a data breach notification letter are more than four times as likely to become victims of identity theft.
http://en.wikipedia.org/wiki/Identity_theft

Primerica Legal Shield ID Theft Protection

Video Rating: / 5

Don’t Buy Identity Theft Protection Until You Read Our Reviews!

Identity Theft is a big business. It’s estimated that over billion dollars in fraudulent activity is made each year from identity theft alone. And each one of us is a potential victim.

There are many ways that data thieves can steal your personal information. Once they have your identity, it doesn’t take long for them to go to work. Before you know it, they can drain your bank accounts, open new loans in your name, and charge your credit cards for things like vacations and home furnishings.

Once you’ve been victimized, it can take months or even years to straighten everything out. That’s why Identity Theft Protection services are so important. They actively work to stop data thieves from causing you harm.

TopConsumerReviews.com has reviewed and ranked the best Identity Theft programs available today.

For free reviews on Identity Theft programs, visit us at http://www.topconsumerreviews.com/identity-theft/
Video Rating: / 5

Why credit monitoring and identity theft insurance don’t work

Why credit tracking and identity theft insurance never work

Are you spending Freecreditreport.com, Lifelock, or other organization to “protect your identification? Listed here is why you ought to reconsider.

This can be a 10 minute clip from my seminar: “Goodbye Identity Theft”. Make sure to browse my other video showing exactly what in fact DOES work.
Movie Rating: / 5

Identity Theft Prevention

What Can You Do to Protect Yourself?

Explains the steps you can take to protect yourself from identity theft.

Identity theft is a serious crime. It occurs when your personal information is stolen and used without your knowledge to commit fraud or other crimes. Identity theft can cost you time and money. It can destroy your credit and
ruin your good name.
Deter identity thieves by safeguarding your information.
■ Shred financial documents and paperwork with personal information before you discard them.
■ Protect your Social Security number. Don’t carry your Social Security card in your wallet or write your Social Security number on a check. Give it out only if absolutely necessary or ask to use another identifier.
■ Don’t give out personal information on the phone, through the mail, or over the Internet unless you
know who you are dealing with.
■ Never click on links sent in unsolicited emails;
instead, type in a web address you know. Use firewalls,
anti-spyware, and anti-virus software to protect
your home computer; keep them up-to-date.
Visit OnGuardOnline.gov for more information.
■ Don’t use an obvious password like your birth date,
your mother’s maiden name, or the last four digits
of your Social Security number.
■ Keep your personal information in a secure place
at home, especially if you have roommates, employ outside help, or are having work done in your house.
Defend against ID theft as soon as you suspect it.
■ Place a “Fraud Alert” on your credit reports, and review the reports carefully. The alert tells creditors
to follow certain procedures before they open new accounts in your name or make changes to your existing accounts. The three nationwide consumer reporting companies have toll-free numbers for placing an initial 90-day fraud alert; a call to one company is sufficient:
Equifax: 1-800-525-6285
Experian: 1-888-EXPERIAN (397-3742)
TransUnion: 1-800-680-7289

-FTC.gov

Workplace Identity Theft Prevention Solutions

Workplace Identity Theft Prevention Solutions

Companies are scrambling to deal with the rising cases of identity theft and data breach incidents. Although most companies have good intentions and do their best to secure the personal information of their customers, data breach incidents continue to occur at an alarming rate. The information stolen by insiders or domestic and international hackers is then sold and used by identity thieves to commit fraud and steal billions of dollars from many companies. Knowing that personal data breach incidents are inevitable and personal information can be stolen from any company to defraud any company, businesses are better off having a plan B to prevent stolen information from any source from being used to defraud them. The proposed backup plan is an identity theft prevention program which can be designed, implemented and managed by qualified employees to identify, detect, and respond to identity theft red flags. Having an identity theft prevention program is also a major requirement of the US Federal Red Flags Rule regulation which is overseen by FTC and other agencies.
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Identity theft prevention (Stop ID Thieves)

http://www.wix.com/juliusrocha83/identitytheftreport
This video was created by Safety For Your Identity to expose hard working families to the potential threat of Identity Theft. The Federal Trade Commission, US Department of Justice, and the US Attorney General’s office have stated that this is in fact the #1 crime among the nation today. It has also been announced that children are not only now among victims of Identity Theft but are considered the #1 targets as well. In this video we offer tips and strategies on how to prevent identity theft but also show how thieves acquire our personal data. We are dedicated to offering free identity theft prevention/resources advice and also assist those who have already been victims of identity theft.
http://www.wix.com/juliusrocha83/identitytheftreport