On April 13, 2022, our firm had to file a Cross-Complaint against credit/lender alleging violations of the California Identity Theft Act, codified at California Civil Code §§ 1798.92, 1798.93.

Our Cross-Complaint alleges that our client suffered identity theft when her estranged ex-husband forged her name without her knowledge or authorization on a business loan that the thief then used for his own business purposes.  After putting the creditor/lender Happy Rock Merchant Solutions (dba GoCap Financial) on notice of the identity theft and providing a copy of the police report, the creditor/lender failed to confirm that our client would be released from the alleged debt, which then necessitated the need to file a Cross-Complaint. Click here to view the confirmed cross complaint. 

Under the Identity Theft Act, the victim of identity theft is allowed to pursue damages and injunctive relief to seek a formal court order that she be deemed not obligated to owe the alleged debt.  The Act also allows for a penalty of up to $30,000.00 if the victim provides the creditor/lender with a police report to confirm the identity theft but the creditor/lender fails to conduct a reasonable investigation into the dispute.  Also, attorneys’ fees and costs are mandatory for a successful prosecution if forced to file a lawsuit.

All of this is meant to give victims of identity theft peace of mind that they have protections in place to free themselves from illegitimate debts.  It is often very difficult, if not impossible, to find and/or hold the actual identity thief accountable.  Because of that, California has made it clear that, when a creditor/lender is put on notice of possible identity theft, then they need to take appropriate steps to help correct the problem so that they do not continue to oppress and re-victimize the innocent party who does not actually owe the debt.

If you or a loved one believe you have been the victim of identity theft, then you definitely have rights to protect yourself.  It is vitally important to take action in this regard as soon as you find out in order to obtain efficient and effective relief before the problem gets worse.  Our firm is always happy to help potential clients review their credit reports to identify possible accounts that need to be disputed, and to also help the potential client obtain a police report and notify the appropriate parties of the identity theft in the hopes that the problem can be fixed without the need for litigation.

Please do not hesitate to contact us for a free and confidential consultation to discuss your rights and the steps that can be taken to protect yourself.

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