What can I do if I'm a victim of identity theft in California?
1. Immediate Steps
(a) File an FTC Identity Theft Report at IdentityTheft.gov and download the FTC Affidavit. (b) File a police report with your local CA agency (Penal Code 530.6 entitles you to do so where you reside, even if the crime occurred elsewhere). (c) Place a 1-year fraud alert with Experian, Equifax, or TransUnion (the bureau must notify the other two). (d) Place a credit freeze at each bureau, which is free under the federal Economic Growth, Regulatory Relief and Consumer Protection Act of 2018, 15 U.S.C. § 1681c-1.
2. FCRA Rights
The Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., lets you block fraudulent tradelines (§ 1681c-2), dispute inaccurate items (§ 1681i), and obtain transaction records from creditors (§ 1681g(e)).
3. State Identity Theft Statute
Cal. Penal Code § 530.5 makes identity theft a wobbler (misdemeanor or felony) punishable by up to 1 year in jail or 16 months/2/3 years in prison, plus fines up to $10,000.
4. State Identity Theft Passport / Victim Notification
California's AG operates the Identity Theft Registry under Penal Code § 530.7 for victims wrongly arrested or whose info was misused in a criminal case. The CA DMV also issues a "California Identity Theft Card."
5. Restitution & Civil Remedies
Penal Code § 530.55 authorizes civil suits for actual damages, attorney's fees, equitable relief, and triple damages plus $30,000 statutory damages if the defendant acted recklessly. Civil Code § 1798.93 (Identity Theft Victims Act) allows declaratory relief voiding fraudulent debts.
6. Tax-Related ID Theft
File IRS Form 14039 and request an IP PIN at IRS.gov; also notify the California Franchise Tax Board.
7. Child ID Theft
California permits freezing a minor's credit file under Civil Code § 1785.11.9 even when no file exists.
8. Medical ID Theft
Notify your insurer and request an accounting of disclosures under HIPAA (45 C.F.R. § 164.528).
9. Synthetic Identity / Account Takeover
The same Penal Code § 530.5 framework applies; banks owe Regulation E protection (12 C.F.R. § 1005.6) for unauthorized EFTs.
10. Statute of Limitations
Civil claims under § 530.55 follow CCP § 338(a) (3 years) or § 339 (2 years for oral); 1798.93 actions have a 4-year SOL from discovery.
This is legal information, not legal advice.
- Losses exceed $5,000 or include real estate/title fraud
- You were wrongly arrested due to criminal-record identity theft
- A creditor refuses to remove fraudulent debt after written FCRA dispute
- Cal. Penal Code § 530.5
- Cal. Penal Code § 530.55
- Cal. Civ. Code § 1798.93
- 15 U.S.C. § 1681 (FCRA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.