What are consumer rights regarding identity theft?

I have really good credit which has been affected by my identity being stolen in 2007. There were 2 data breaches in the state we moved from. One breach involved over 100,000 tax payers identities, from the CT Dept of Revenue Svs, the other from the State University I attended in that state. Thousands of students identities were involved in that breach as well. A creditor has sent notification by mail of a pending judgement against me. I have 30 days to respond, according to what the correspondence states. My credit union accts were hacked into, along with email accts, my mail tampered with, etc. All under investigation for over a year now. Your response would be appreciated.

Deltona, FL -

Attorney Answers (2)

Steven Michael Fahlgren

Steven Michael Fahlgren

Identity Theft Lawyer - Jacksonville, FL
Answered

If you have not already disputed properly, you should consider disputing with the credit bureaus who claim you owe a debt. You should be as detailed as possible. Hopefully, that will take care of the problem or at least help. Because you have advised that your case involves identity theft, you should obtain a police report and also complete the attached fraud affidavit. I strongly recommend that these documents be sent to the credit bureaus with your dispute. If the creditor or debt collector has already asked you for more information, you should provide that to them. If you do not, they will take the position in any litigation that you failed to mitigate your damages. Most judges and juries are going to expect you to use your best efforts to solve the problem. If after you dispute to the creditors, they continue to try to collect the debt by sending you dunning letters or by placing or leaving items on your credit report, then you probably have a claim under Florida's Consumer Collection Practices Act and/or the Fair Credit Reporting Act. If you contact my office via email, I can furnish you with an instructional dispute letter. You should file a police report and file an Identity theft affidavit with the FTC. If there is a prosecution, the Court has authority to issue orders to correct public records. See Section 817.568(9)(b), Fla. Stat. I wish you the best in the future.

Disclaimer: The above is intended to give you, the consumer, some insight into various legal topics. This... more
Scott Richard Kaufman

Scott Richard Kaufman

Fraud Lawyer - Los Altos, CA
Answered

Folks who specialize in this area of law are right here and will be helpful.

http://www.naca.net

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