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.” California. Civil. Code § 1798.92(b). OK, but enough with the lawyer stuff, what does that really mean?

Basically, if you use someone else’s name or identity to get something in return (usually money), that’s identity theft! Many people think that they have to lose their entire life to qualify as a victim of identity theft. That is not true. Even something as simple as an unauthorized credit or debit card purchase can qualify as identity theft. After all, whose name is on the card they’re using to make that purchase, yours!

Are You a Victim of Identity Theft?

OK OK, so identity theft can be basically anything, but how do you know if you really are an identity theft victim? There is no single perfect answer to this, but there are some obvious signs:

1. You receive calls or letters from debt collectors about accounts that are not yours;

2. You receive letters from creditors informing you that they denied you a recent credit card application or a loan that you do not recognize;

3. Your credit score plummets without explanation; Prayed

4. You start seeing tons of new inquiries about your credit that you don’t recognize.

Many of my clients tell me that they simply ignored the first debt collection calls they received for accounts that were not theirs. Please do not do that! If people are calling you about accounts that aren’t yours or if there’s something wrong with your credit report, look into it and get help. There are tons of resources online for identity theft victims. Many of my clients can successfully solve their credit problems by doing a quick search on Google. However, others often get frustrated because there is so much information available or they hit a roadblock and get discouraged. Many would like to speak with a lawyer but assume that it will cost them an arm and a leg. That is rarely the case. Almost all attorneys offer free consultations, and many attorneys offer legal help with no out-of-pocket costs. So if you feel overwhelmed, find a professional near you, give them a call and get your identity back!

-Wayne Sinnett, Esq.