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Federal Rights for Identity Theft Victims

Anyone who has experienced identity theft knows that it is a big deal. Not only does it add a huge list of tasks to get it cleared up, but it can feel like a significant violation of their life for many. While having a reputable Florida identity theft attorney can certainly make the process run a little smoother, it is also helpful to have an understanding of your federally protected rights. Sharmin and Sharmin wants you to feel empowered in your decisions to retain a lawyer and any others regarding your identity theft case. 

Federal Rights for Identity Theft Victims

Federal Protections 

If you have become the victim of identity theft, you may be wondering what is next or what rights you have. Thankfully, the federal government provides quite a few rights for identity theft victims. These rights touch on many of the necessary channels to recover from identity theft.

Documenting 

When you discover that someone has stolen your identity, you have the right to create an identity theft report. This report is documentation you can use to notify credit reporting agencies, creditors, and banks officially. You can file the report with the Federal Trade Commission online. 

Credit Reporting Companies

If someone has stolen your identity, you will need to contact the credit reporting agencies. The three primary agencies are Experian, Equifax, and Transunion. Federally, you have the right to the following:

  • Place a 90-day initial fraud alert on your credit report
  • Place a seven-year extended fraud alert on your credit report. This requires creditors to contact you before opening any new lines of credit 
  • Free copies of your credit reports and a summary of your rights from the reporting bureaus when you place a fraud alert
  • With the required documentation, you can have credit reporting agencies to block fraudulent information from appearing on your credit report
  • Dispute your credit report. The Florida identity theft victim kit suggests referencing sample dispute letters while doing this

Creditors and Debt Collectors

When you provide a valid identity theft report, you have the right to stop debt collectors from reporting fraudulent activity. You also have the right to obtain information from the collectors regarding the creditor and the amount that you are claimed to owe. You also have the right to obtain information relating to your stolen identity with your identity theft report, police report, and affidavit. 

Financial Losses

While it may not be federal protection, most states and financial institutions grant protections to limit your financial losses in the event of identity theft. You should check with your financial institutions regarding their rules. Still, many creditors will not hold you responsible for fraudulent charges beyond the date you report a problem, and many will not hold you responsible for any as long as you file the report promptly after discovering a problem. 

Recovering from Identity Theft

Identity theft can dramatically impact your ability to engage with the world, preventing you from purchasing a home, getting a loan for a car, or opening other new lines of credit. Resolving the issue is a top priority for most victims. While none of the steps to resolve the issue are particularly complicated, it can be taxing to navigate on your own, particularly if you are dealing with fraudulent charges that have gone to debt collectors and have begun to affect your credit. When this happens, bringing in an attorney may help significantly.

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