Answer FileConsumer Protection

What are my rights as an identity theft victim in California?

The answer, cited

Start with a police report: California law grants the right to file one, and it unlocks the rest: blocking fraudulent items from credit reports under 15 U.S.C. § 1681c-2, free security freezes, records of the fraudulent accounts under Penal Code section 530.8, and a civil claim under Civil Code section 1798.92 against claimants who keep pursuing the debt.

California pairs the federal toolkit with its own. File a police report, Penal Code section 530.6 entitles an identity theft victim to make one with their local agency and get a copy, and complete the FTC's identity theft report. Those documents unlock the strongest remedy: credit bureaus must block fraudulent accounts and inquiries from the file within four business days of a proper request under 15 U.S.C. § 1681c-2, and furnishers must stop reporting the blocked items. Security freezes with each bureau are free under federal law and stop new accounts cold. Penal Code section 530.8 forces the businesses where accounts were fraudulently opened to hand over the application and transaction records, which is how victims trace what happened. If a creditor or debt buyer keeps pursuing a debt after notice of the theft, Civil Code section 1798.92 et seq. gives the victim a civil action for damages, penalties, and attorney fees. Keep a dated log of every call and letter throughout.

Authority: Cal. Civ. Code § 1798.92; Cal. Penal Code § 530.8

Source: Cal. Civ. Code § 1798.92; Cal. Penal Code § 530.8 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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