Can a debt collector contact me if I’m a victim of identity theft?

Yes, a debt collector can contact you if you are a victim of identity theft. In California, a victim of identity theft is protected from debt collection under the Fair Debt Collection Practices Act and California’s Rosenthal Fair Debt Collection Practices Act. Under both of these laws, a debt collector must stop any attempts to collect a debt from someone who has been the victim of identity theft. In California, a debt collector is prohibited from collecting a debt from someone who has been the victim of identity theft unless and until the debt collector is able to produce evidence of the debt that has been altered or forged, as well as evidence that the debt is valid and actually owed by the victim. If a debt collector continues to attempt to collect a debt that has been confirmed to be a result of identity theft, the victim may dispute the debt in writing or file a complaint with the Consumer Financial Protection Bureau. The victim may be entitled to sue the debt collector for damages caused by the attempted collection of an invalid debt. If you believe that you are the victim of identity theft, it is important to contact an attorney to protect your rights and to ensure that any debt collector is following the law. It is also important to contact the credit bureaus, so they can note the identity theft on your credit report and help protect your credit score.

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