What is identity theft?
With all the data breaches in the news, there is a lot of concern about identity theft and frankly a lot of confusion. So let’s first start by defining what “identity theft” really means. California law defines identity theft as “the unauthorized use of another person’s personally identifiable information to obtain credit, goods, services, money, or property.” Cal. sword. Law § 1798.92(b). OK, but enough in terms of lawyer matters what does that really mean?
Basically, if you use someone else’s name or identity to get something in return (usually cash), that’s identity theft! Many people think that they have to take over their whole life in order to become a victim of identity theft. this is not true. Even something as simple as purchasing an unauthorized credit or debit card can be considered identity theft. After everyone whose name is on the card they use to make that purchase – yours!
Are you a victim of identity card theft?
Well, well, identity theft can be basically anything but how do you know if you are really a victim of identity theft? There is no perfect one-size-fits-all answer to this question but there are some clear signs:
1. You receive calls or messages from debt collectors for accounts that are not yours;
2. You receive letters from creditors telling you that a recent credit card or loan application that you do not know has been denied;
3. Your credit score is taking an unwarranted dive; or
4. You start seeing a lot of new inquiries about your balance that you don’t know.
Many of my clients told me that they just ignored the first few debt collection calls they received for accounts that didn’t belong to them. Please, do not do that! If you have people calling you about accounts that you don’t own or there is something fishy on your credit report, look into it and get help. There are plenty of resources online for identity theft victims. Many of my clients can successfully resolve their credit issues by doing some quick Google research. However, others often get frustrated with too much information or they run into a roadblock and get frustrated. Many would like to speak to a lawyer but assume it will cost them an arm and a leg. This rarely happens. Almost all lawyers provide free consultations and many lawyers provide legal assistance without paying financial costs. So if you’re feeling overwhelmed, find a professional near you, call them and get your identity back!
– Wayne Sennett, Esq.