FRAUDULENT ACCOUNT INFORMATION CREDIT REPORTING

If you believe you are a victim of fraudulent credit reporting, which are frequently discovered alongside identity theft, the time to act is now. Our California Credit Report Dispute Attorneys at R23 Law are here to fight for you. Contact us today to learn how we can assist you.

Fraudulent Credit Reporting and Your Legal Rights

Various consumer protection laws can help victims of identity theft, including the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the Telephone Consumer Protection Act (TCPA), California’s Identity Theft Act (CITA), and the Rosenthal Fair Debt Collection Practices Act (Rosenthal Act). At R23 Law, we utilize these statutes to address all aspects of fraud and restore your peace of mind.

Understanding the Fair Debt Collection Practices Act

The FDCPA addresses unfair debt collection practices, including abusive, deceptive, and unfair practices. To establish a claim under the FDCPA, you must show that:

1. The defendant was attempting to collect a debt.

2. The defendant is a debt collector.

3. You are a consumer.

4. The defendant violated at least one subsection of the FDCPA.

California's Rosenthal Fair Debt Collection Practices Act

The Rosenthal Act provides similar protections at the state level in California. It prohibits debt collectors from engaging in unfair or deceptive practices. To prove a claim under the Rosenthal Act, you must demonstrate that:

1. The defendant was attempting to collect a consumer debt.

2. The defendant is a debt collector.

3. You are a debtor.

4. The defendant’s actions violated the FDCPA and thus the Rosenthal Act.

The Importance of the Fair Credit Reporting Act

The FCRA aims to ensure fair and accurate credit reporting, protect consumer privacy, and promote efficiency in the banking system. To succeed in an FCRA claim, you must prove:

1. The defendant is a furnisher.

2. You notified the credit reporting agency (CRA) of the dispute.

3. The CRA notified the furnisher of the dispute.

4. The reported information was inaccurate.

5. The defendant failed to conduct a proper investigation.

How the Telephone Consumer Protection Act Protects You

The TCPA restricts automated telephone calls, prohibiting the use of automatic telephone dialing systems (ATDS) or prerecorded voices to make unsolicited calls to cell phones, emergency lines, or hospital rooms. These prerecorded calls often go hand in hand with fraudulent credit reporting disputes.

California’s Identity Theft Act Explained

The CITA combats the indiscriminate collection and dissemination of personal information. To recover under the CITA, you must show that:

1. You provided the business written notice of the identity theft at least 30 days before filing a case.

2. The business failed to diligently investigate your claim.

3. The business continued to pursue its claim against you despite clear evidence of identity theft.

Understanding Intrusion Upon Seclusion in California

Under California law, to prove intrusion upon seclusion, you must show:

1. The defendant intentionally intruded upon your solitude or private affairs.

2. The intrusion was substantial and highly offensive to a reasonable person.

3. The intrusion caused you injury, damage, or harm.

Contact a California Fraudulent Credit Reporting Attorney Today

Fraudulent credit reporting can have severe consequences on your future, making it essential to act quickly. Our experienced attorneys at R23 Law are well-versed in state and federal laws related to fraud and are ready to fight for your rights. Contact R23 Law today to schedule your free initial consultation and take the first step toward protecting your financial future..