Identity Theft FAQ

Identity theft under California law occurs when someone willfully obtains personal identifying information of another person and uses that information for any unlawful purpose, including to obtain or attempt to obtain credit, goods, services, real property, or medical information without the consent of that person. California Penal Code Section 530.5 makes identity theft a criminal offense, and California has one of the most comprehensive identity theft laws in the nation.

Personal identifying information includes name, address, telephone number, Social Security number, driver's license or state ID number, employee identification number, mother's maiden name, bank account number, credit card number, PIN, passport information, and biometric data.

Identity theft can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant's criminal history. Misdemeanor identity theft carries penalties of up to one year in county jail and fines up to 1,000 dollars. Felony identity theft can result in imprisonment of 16 months, 2 years, or 3 years, and fines up to 10,000 dollars. Victims have both criminal and civil remedies available to them under California law.

If you discover you are a victim of identity theft in California, taking immediate action can help minimize damage and begin the recovery process. First, place a fraud alert with one of the three major credit bureaus, which will automatically notify the other two. A fraud alert requires creditors to take extra steps to verify your identity before opening new accounts.

Second, review your credit reports from all three bureaus for any accounts or activity you do not recognize. You can obtain free reports at annualcreditreport.com and are entitled to additional free reports after identity theft. Third, consider placing a credit freeze on your credit files, which prevents new accounts from being opened in your name. Under California Civil Code Section 1785.11.2, credit freezes are free.

Fourth, file a report with the Federal Trade Commission at IdentityTheft.gov, which will help you create a personalized recovery plan and generate an Identity Theft Report. Fifth, file a police report with your local law enforcement agency. Under California Penal Code Section 530.6, you have the right to obtain copies of police reports about your identity theft. Sixth, contact the fraud departments of any companies where fraudulent accounts were opened or your existing accounts were compromised.

Filing an identity theft report in California involves creating documentation that proves your identity was stolen and helps you recover. First, file a complaint with the Federal Trade Commission at IdentityTheft.gov or by calling 1-877-438-4338. The FTC will help you create an Identity Theft Report, which is an official statement about the theft that serves as documentation with creditors and others.

Second, file a police report with your local law enforcement agency. Under California Penal Code Section 530.6, you have the right to file a police report in the jurisdiction where you reside, regardless of where the identity theft occurred. Law enforcement agencies must take your report and provide you with a copy. When filing, bring your FTC Identity Theft Report, proof of your identity, proof of your address, and any evidence of the identity theft.

Third, contact the California Attorney General's Office, which maintains resources for identity theft victims and tracks identity theft trends. Fourth, if the identity theft involved specific types of fraud, you may need to file additional reports with agencies such as the Social Security Administration for Social Security fraud, the IRS for tax-related identity theft, or the DMV for driver's license or vehicle-related fraud.

California provides identity theft victims with extensive rights to help them recover from the crime. Under California Civil Code Section 1785.11.2, victims have the right to place, temporarily lift, and remove credit freezes for free with all three major credit bureaus. Under California Civil Code Section 1785.11.1, victims have the right to place fraud alerts that require creditors to verify identity before extending credit.

Under California Penal Code Section 530.6, victims have the right to file a police report in their city or county of residence regardless of where the crime occurred. Under California Penal Code Section 530.8, victims can petition to have their name cleared from false criminal records if someone else committed crimes using their identity. Under California Civil Code Section 1785.15.3, victims can request that credit reporting agencies block information resulting from identity theft from appearing on their credit reports.

Under California Civil Code Section 1798.93, victims can initiate a civil action against the identity thief to recover actual damages, attorney fees, and costs. Additionally, the California Civil Code provides that businesses must provide victims with copies of records relating to identity theft upon proper request. Victims also have protections against collection efforts for debts incurred by identity thieves.

Disputing fraudulent accounts and charges in California involves several steps and protections under state and federal law. First, contact the fraud department of each company where an unauthorized account was opened or fraudulent charges were made. Explain that you are an identity theft victim and request that the account be closed or the charges removed. Ask for written confirmation.

Second, follow up in writing by sending a dispute letter to the company by certified mail with return receipt requested. Include a copy of your Identity Theft Report, a copy of your police report, proof of your identity, and a clear statement disputing the fraudulent account or charges. Under California Civil Code Section 1798.93, businesses must provide you with copies of records relating to the identity theft.

Third, dispute the fraudulent information with the credit bureaus by filing a dispute identifying the specific accounts or information that resulted from identity theft. Include your Identity Theft Report and police report. Under the Fair Credit Reporting Act and California Civil Code Section 1785.15.3, credit bureaus must block fraudulent information from appearing on your credit report within four business days of receiving proper documentation. Fourth, for credit card fraud specifically, the Fair Credit Billing Act limits your liability to 50 dollars for unauthorized charges, and most card issuers waive this entirely.

Yes, California law allows identity theft victims to pursue civil lawsuits against identity thieves. California Civil Code Section 1798.93 provides victims with a private right of action to recover damages from the person who committed the identity theft. In a civil lawsuit, you may recover actual damages, which include all financial losses suffered as a result of the identity theft such as money stolen, costs of repairing credit, lost wages, and other out-of-pocket expenses. You may also recover attorney fees and court costs.

Additionally, if you can prove the defendant acted with malice, oppression, or fraud, you may be entitled to punitive damages under California Civil Code Section 3294. Beyond suing the identity thief directly, you may have claims against businesses that failed to protect your information.

If your information was stolen due to a data breach caused by inadequate security, you may have a claim under the California Consumer Privacy Act, which provides for statutory damages of 100 to 750 dollars per incident plus actual damages for data breaches resulting from failure to maintain reasonable security. You may also have claims for negligence, breach of contract, or violations of California's Unfair Competition Law against businesses that contributed to the identity theft.

A credit freeze, or security freeze, is one of the most effective tools for preventing identity theft. When you place a credit freeze with a credit reporting agency, the agency cannot release your credit report to potential creditors without your explicit authorization. Since most creditors require a credit report before approving new credit accounts, a freeze effectively prevents identity thieves from opening new accounts in your name.

Under California Civil Code Section 1785.11.2, you have the right to place, temporarily lift, and remove credit freezes for free. You must place freezes separately with each of the three major credit bureaus: Equifax, Experian, and TransUnion. When you place a freeze, you receive a PIN or password that allows you to lift the freeze when you want to apply for legitimate credit.

The bureaus must lift your freeze within three business days of receiving your request, or within 15 minutes if you make the request online or by phone. A credit freeze does not affect your credit score, your ability to monitor your credit, or existing accounts. However, it does not prevent misuse of existing accounts, so you should still monitor your accounts for unauthorized activity.

Synthetic identity theft is a sophisticated form of fraud where criminals combine real and fabricated information to create a new, fictitious identity. Typically, this involves using a real Social Security number, often belonging to a child, elderly person, or deceased individual, combined with a fake name and other made-up details. The criminal then uses this synthetic identity to apply for credit, building up the identity's credit profile over time before maxing out accounts and disappearing.

California Penal Code Section 530.5 addresses synthetic identity theft by making it a crime to use personal identifying information for any unlawful purpose, which includes creating synthetic identities. Even though the synthetic identity is not a real person, using someone's actual Social Security number constitutes identity theft.

Victims of synthetic identity theft face particular challenges because the fraudulent accounts appear under a different name and may not show up on their credit reports. They may only discover the problem when applying for benefits, trying to obtain a Social Security card for a child, or being contacted by the IRS about unreported income. California victims should file police reports and FTC complaints, contact the Social Security Administration if their SSN was misused, and place credit freezes to prevent further misuse.

Medical identity theft occurs when someone uses your personal information to obtain medical care, prescription drugs, or medical devices, or to submit fraudulent insurance claims. This form of identity theft can be particularly dangerous because it can result in incorrect information appearing in your medical records, potentially leading to wrong treatments or medications.

Under California law, you have rights to address medical identity theft. California Health and Safety Code Section 123110 gives you the right to inspect and obtain copies of your medical records. California Civil Code Section 56.10 and the federal HIPAA Privacy Rule protect the confidentiality of your health information and give you rights to request corrections.

To recover from medical identity theft, first request copies of your medical records from all healthcare providers where fraudulent treatment occurred and review them for inaccurate information. Second, submit a written request to have fraudulent or inaccurate information corrected or removed. Under HIPAA, providers must respond within 60 days. Third, request an accounting of disclosures to see who has received your medical information. Fourth, report the fraud to your health insurance company and request a review of all claims. Fifth, file a report with the California Department of Justice and the U.S. Department of Health and Human Services Office for Civil Rights.

California imposes significant criminal penalties for identity theft under California Penal Code Sections 530.5 through 530.8. Basic identity theft under Section 530.5 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant's criminal history.

As a misdemeanor, identity theft carries penalties of up to one year in county jail and fines up to 1,000 dollars. As a felony, identity theft is punishable by imprisonment of 16 months, 2 years, or 3 years in county jail or state prison, and fines up to 10,000 dollars. Aggravated identity theft involving multiple victims or large dollar amounts can result in enhanced penalties. If the victim is an elder or dependent adult, the penalties are increased under California's elder abuse laws.

Using someone's identity to commit other felonies can result in consecutive sentences. Acquiring or possessing personal identifying information with intent to defraud is a separate offense under Section 530.5(c), also punishable as a misdemeanor or felony. Beyond criminal penalties, identity thieves face civil liability including actual damages, attorney fees, and potentially punitive damages. They may also be required to pay restitution to victims as part of criminal sentencing.