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Will the Real You Please Stand Up? Recovering from Identity Theft

With rampant data breaches, phishing emails, and numerous scams, it is more likely than not that you have been a victim of at least an identity theft attempt. If this is true for you, then you know how aggravating the process of proving your identify and reclaiming your life can be. Very little is as frustrating as having to prove that you are you. Having to consistently prove that you did not purchase a whole host of items from a brick and mortar store in one state while at the same time being physically present in another state (or whatever the identity theft scheme that is affecting you) can get old really fast. If you have been a victim of identity theft, there are certain things that you can do to make reclaiming your life easier:

  1. If you have been a victim of identity theft, the first and best course of action is to obtain as much evidence as you can and to file a police report. This police report can be very important is establishing and proving that you have indeed been a victim of identity theft. In many cases, the credit reporting agencies or creditors will request the police report from you at the onset of their investigation.
  2. Be persistent and do not make assumptions. Do not assume that because you have not heard anything from a creditor for a while that the charges were removed from your account. Be sure. Call the creditor and request that they send you proof. Keep this proof in a secure location because you never know when you may need it in the future.
  3. Arm yourself with as much knowledge as you can. Dealing with identity theft can leave you feeling powerless. One way to reclaim your power is to learn all that you can about navigating the process. Through www.identitytheft.gov, the Federal Trade Commission offers helpful information and sample letters that may be useful to you in drafting your response to the creditors or consumer reporting agencies such as Equifax, Transunion or Experian.

The law does allow some protections for victims of identity theft. Section 605 B of the Fair Credit Reporting Act (“FCRA”) allows you to block any information on your credit report that is as a result of identity theft. The consumer reporting agency must do so within 4 business days of receipt of proof of your identity, copy of identity theft report, identification of the incorrect information and a statement by the consumer that the charge, account etc. is not yours. If the credit reporting agency fails to do this, then it may have violated your rights under the FCRA and you may have grounds to sue.

For more information about the fair credit reporting act, please visit our website at: http://www.fight13.com/practice-areas/fair-credit-reporting-act/

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems, we have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you.