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Email Us NowUnderstanding Identity Theft: A Comprehensive Guide to Protection, Prevention, and Legal Remedies – Episode 15
Identity theft manifests in several forms. Criminals may steal Social Security information, driver’s license details, or banking credentials for fraudulent purposes. Common scenarios include unauthorized use of existing credit cards, opening new credit accounts without permission, using stolen Social Security numbers for employment, and misusing driver’s licenses leading to false violations or accidents.
Both state and federal laws protect identity theft victims. The California Identity Theft Statute enables victims to dispute fraudulent accounts with banks using identity theft affidavits. The Fair Credit Reporting Act allows individuals to challenge inaccurate credit report entries and requires credit bureaus to investigate disputes.
Notable cases include a $7,500 Uber Eats fraud scheme and a sophisticated credit card scam totaling $130,000 over 10 months. In one case, a client’s bank failed to close compromised accounts despite requests, leading to ongoing credit issues and legal arbitration. Another case involved fraudsters operating a check-bouncing scheme to artificially increase credit limits.
First, check your credit reports from all three bureaus (TransUnion, Equifax, and Experian). Place freezes on all credit bureau accounts to prevent new account openings. Contact banking institutions immediately, document everything in writing, and file a fraud affidavit through the Federal Trade Commission’s website.
Regular credit report monitoring is crucial, preferably quarterly checks from official bureau sources rather than third-party services. Since COVID-19, free weekly credit reports have been available. Implement strong passwords, be cautious of unsolicited bank communications, and secure physical mail to prevent theft.
If standard remedies fail, legal action may be necessary. Most cases are handled on contingency, with attorney fees paid by defendants upon successful resolution. The process involves filing lawsuits, gathering evidence through discovery, and potentially seeking damages for emotional distress, especially in cases affecting security clearances or causing significant life disruptions.