California has some of the strongest consumer protection laws in the nation for identity theft victims. Under California Civil Code § 1798.93, you have the right to sue creditors or debt collectors that continue to pursue fraudulent debts after being notified of identity theft. This law empowers victims to clear their names in court if creditors refuse to cooperate.
Additionally, California Penal Code § 530.5 criminalizes identity theft, allowing law enforcement to prosecute offenders who use your personal information without consent. Victims may also obtain a “judicial declaration of innocence,” which is a court order affirming that they are not responsible for fraudulent accounts. This can be presented to creditors and credit bureaus to remove false records.
On the federal level, laws like the Fair Debt Collection Practices Act (FDCPA) and Fair Credit Reporting Act (FCRA) provide further protection. These laws require creditors, collectors, and credit reporting agencies to investigate identity theft claims thoroughly. If they fail to comply, victims may be entitled to damages and attorney’s fees. Knowing your rights under both California and federal law can make a significant difference in recovering from identity theft.
