Identity theft is more than an inconvenience — it can destroy your credit, drain your accounts, and take months or years to untangle. While law enforcement handles the criminal side, consumer protection law addresses what happens after: when banks refuse to remove fraudulent accounts, when credit bureaus keep reporting debts that aren't yours, and when companies fail to follow the procedures required by law to help identity theft victims.
Fair Credit Reporting Act (FCRA) · Identity Theft Provisions · 15 U.S.C. § 1681c-2
The FCRA requires credit bureaus to block information resulting from identity theft when a consumer provides an identity theft report. The FDCPA and EFTA also provide protections when collectors pursue fraudulent debts or unauthorized transactions result from stolen identity.
Warning Signs
You may qualify if…
Credit bureaus refusing to block or remove accounts resulting from identity theft
Creditors or collectors pursuing debts opened fraudulently in your name
Banks failing to investigate unauthorized transactions on your accounts
Companies opening new accounts without proper identity verification
Credit bureaus continuing to report fraudulent accounts after you've submitted an identity theft report
Debt collectors contacting you about debts that resulted from identity theft
Your Rights
What you may be entitled to
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Actual damages including out-of-pocket losses and time spent resolving the theft
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Statutory damages for willful FCRA violations
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Emotional distress damages
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Attorney's fees and costs paid by the violating company
Identity theft cases involving FCRA, FDCPA, or EFTA violations are handled on a contingency basis — you pay no attorney's fees out of pocket. In most consumer cases, attorney's fees are paid by the defendant under federal fee-shifting statutes.
Every case is different. The outcomes described above are potential remedies available under the law, not guaranteed results. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits.