Know Your Rights After Information Breach: A Lawyer’s Perspective

The Equifax privacy violation has been reported to affect approximately 143 million U.S. consumers. New information continues to be developed, including reports of previous suspected violations. The information that was accessed included names, social security numbers, birth dates, addresses, driver’s license numbers, credit card numbers, and other personal information.

Unfortunately, data breaches and identity theft are part of modern life, and the Equifax breach is just one example. Given the violation, it is important that consumers are aware of their credit protection rights and options. Some recommended steps to help protect your identity include ordering an annual free credit report each year at (or by calling 877-322-8228), regularly monitoring your bank accounts and credit card statements, and keeping track of companies you work with I have no relationship that calls you. With these simple steps, you can efficiently identify and combat fraud.

Federal law grants injured consumers the right to relief, including legal and attorney fees. If you find inappropriate items, inappropriate charges on your credit accounts and calls from unknown companies in your credit report, you may be entitled to monetary damages against the company in question.

According to the Fair Credit Reporting Act (FCRA), you have the right to open an invalid account in your credit report with the credit bureaus and the account holder. A dispute is often ineffective and consumers become frustrated and give up, but you should persevere. The FCRA offers consumers a right to sue if the offices and the account manager do not respond properly to a credit dispute. In addition to removing the prohibited account, the consumer may be entitled to monetary damages, legal fees, and attorney’s fees. But don’t stop here! Identity theft and data breaches can also lower your creditworthiness by causing creditors to do a credit analysis for you without your consent. Fortunately, the FCRA offers a remedy here too. Therefore, investigate which companies have created your credit report.

If you receive calls from unknown companies who claim you have an account with them or owe them money, you may be eligible under the Telephone Consumer Protection Act (TCPA) or the Fair Debt Collection Act (FDCPA). In short, the TCPA provides compensation per call when a company calls a consumer’s mobile phone without their consent via an automatic dialing system or a recorded / artificial message. The consumer may be entitled to $ 500 per call!

The FDCPA protects consumers from a variety of unfair and troublesome collection practices. The FDCPA enables the consumer to reimburse damages, costs and legal fees. In addition, calls from unknown companies may indicate that your credit report may not be accurate. If you receive calls from companies and debt collection agencies with whom you have no relationship, check your credit report and speak to a lawyer.

If you are a victim of identity theft, it is important to understand your rights. Connect to a lawyer with a TheAttorneysDaily Premium membership for free. Ask a lawyer on call for your specific situation and get a personal answer within one working day or arrange a free 30-minute consultation.

This article contains general legal information and no legal advice. TheAttorneysDaily is not a law firm or a substitute for a lawyer or a law firm. The law is complex and changes frequently. For legal advice, please contact a lawyer.


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