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What is identity theft?
With all the data breaches in the news, there is a lot of concern and clearly a lot of confusion about identity theft. So let’s start by first defining what “identity theft” really means. California law defines ID theft as “the unauthorized use of another person’s personally identifying information to obtain credit, goods, services, money or property.” Cal. Civ. Code § 1798.92(b). OK, but enough with the lawyer stuff. What does it really mean?
Basically, if you use another person’s name or identity to get something in return (usually money) then that is ID theft! Many people think that it has to take them their whole life to qualify as a victim of identity theft. it is not true. Even something as simple as a purchase with an unauthorized credit or loan card can qualify as identity theft. After all whose name is on the card they are using to make purchases – yours!
Are you a victim of ID theft?
Ok ok so identity theft can be basically anything but how do you know if you are actually a victim of id theft? There’s no exact one-size-fits-all answer to this, but there are some clear pointers:
1. You are getting calls or letters from debt collectors for accounts that are not yours;
2. You are getting letters from creditors telling you that you were recently declined for a credit card application or loan that you do not recognize;
3. Your credit score takes an unexplained nose dive; Or
4. You start seeing lots of new inquiries on your credit that you don’t recognize.
Many of my clients tell me that they ignored the first few debt collection calls they received for accounts that did not belong to them. Please don’t do this! If you have people calling you about accounts that aren’t yours or something wrong with your credit report, check it out and get help. There are many online resources for victims of identity theft. Many of my clients have been able to successfully resolve their credit issues by doing some quick research on Google. However, others often get discouraged because there is too much information out there or they hit a roadblock and become discouraged. Many people want to speak to a lawyer but they believe it will cost them an arm and a leg. This rarely happens. Almost all lawyers provide free consultation and many provide legal aid for out of pocket expenses. So if you’re feeling overwhelmed find a professional near you, call them and take back your identity!
-Wayne Sinnett, Esq.
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