Defending Your Credit Rights in San Diego

As a consumer in San Diego, you have important rights when it comes to your credit. Credit plays a role in many aspects of life, from getting approved for a mortgage or car loan to renting an apartment or even getting a job. That’s why you need a lawyer who understands your credit rights and knows how to defend them.

In this blog, we’ll explore the key laws and regulations that protect your credit rights in San Diego, as well as practical steps you can take to protect your credit and fight back against unfair or abusive practices.

Free Case Evaluation Today!

The California Consumer Privacy Act (CCPA)

In addition to the FCRA, California residents have additional credit rights under the California Consumer Privacy Act (CCPA). This state law gives you more control over your personal information, including your credit information.

Under the CCPA, you have the right to:

• Know what personal information is being collected about you
• Know whether your personal information is being sold or disclosed and to whom
• Opt out of the sale of your personal information
• Access your personal information and request that it be deleted
• Equal service and price, even if you exercise your privacy rights

To exercise your rights under the CCPA, you can contact the company that has your personal information and make a request. The company must respond to your request within 45 days and provide the requested information free of charge.

Now that you know your basic credit rights, let’s look at some practical steps you can take to defend them.

1. Check Your Credit Reports Regularly

The first step in defending your credit rights is to regularly check your credit reports from all three credit bureaus. You are entitled to one free report from each bureau every 12 months, but you can also purchase additional reports if needed.

When you receive your credit reports, review them carefully for any errors, inaccuracies, or signs of fraudulent activity.

Common errors to look for include:

• Incorrect personal information, such as your name, address, or Social Security number
• Accounts that don’t belong to you or that you didn’t open
• Late payments or collections that are inaccurate or outdated
• Duplicate accounts or entries
• Incorrect credit limits or balances

If you find any errors or inaccuracies, dispute them immediately with the credit bureau and the company that provided the information. You can do this online, by phone, or by mail. Be sure to provide any supporting documentation that you have, such as account statements or receipts.

2. Place a Fraud Alert or Security Freeze

If you suspect that you are a victim of identity theft or fraud, you can place a fraud alert or security freeze on your credit reports. A fraud alert notifies creditors that they should take extra steps to verify your identity before granting credit in your name. A security freeze prevents anyone from accessing your credit report without your permission.

To place a fraud alert, contact one of the three credit bureaus and request that an alert be placed on your report. The bureau you contact will notify the other two bureaus. A fraud alert is free and lasts for one year, but you can renew it if needed.

To place a security freeze, contact each credit bureau separately and request that a freeze be placed on your report. You will need to provide proof of identity and may need to pay a small fee, but the fee is waived if you are a victim of identity theft. A security freeze remains in place until you remove it.

3. Monitor Your Credit and Financial Accounts

In addition to checking your credit reports regularly, it’s also important to monitor your credit and financial accounts for any suspicious activity.

This includes:

Reviewing Your Credit Card and Bank Statements

One of the most important steps you can take to defend your credit rights is to regularly review your credit card and bank statements for any unauthorized charges or withdrawals. This means carefully examining each transaction listed on your statement and verifying that it is legitimate and authorized by you.

When reviewing your statements, look for:

• Charges from unfamiliar merchants or locations
• Duplicate charges for the same transaction
• Charges for products or services you didn’t purchase
• Withdrawals from your bank account that you didn’t make

If you notice any suspicious or unauthorized activity, contact your credit card company or bank immediately to report it. Most credit card companies and banks have fraud protection policies that limit your liability for unauthorized charges, but you must report the activity promptly to take advantage of these protections.

Review your statements at least once a month, but you may want to check more frequently if you have a lot of transactions or if you have been a victim of fraud in the past. You can also set up alerts with your credit card company or bank to notify you of any unusual activity (more on that later).

Checking Your Credit Score Regularly

Another important step in defending your credit rights is to check your credit score regularly for any unexpected changes. Your credit score is a three-digit number that reflects your creditworthiness and is used by lenders, landlords, and other creditors to evaluate your financial responsibility.

Your credit score may change unexpectedly because of:

• Late payments or missed payments on your credit accounts
• High balances or credit utilization on your credit cards
• New credit inquiries or applications for credit
• Closing old credit accounts or opening new ones
• Errors or inaccuracies on your credit report

By checking your credit score regularly, you can identify any changes that may indicate a problem with your credit and take steps to address them. For example, if you notice a sudden drop in your credit score, you may want to check your credit report for any errors or signs of fraudulent activity.

There are several ways to check your credit score, including:

• Purchasing a credit score from one of the three major credit bureaus (Equifax, Experian, or TransUnion)
• Using a free credit scoring service, such as Credit Karma or Credit Sesame
• Checking with your credit card company or bank, as some offer free credit scores to their customers

It’s a good idea to check your credit score at least once a year, but you may want to check more frequently if you are planning to apply for credit or if you have been a victim of fraud in the past.

Setting Up Alerts with Your Credit Card Company or Bank

Another effective way to defend your credit rights is to set up alerts with your credit card company or bank to notify you of any unusual activity on your accounts. These alerts can help you identify and respond to potential fraud or unauthorized transactions quickly before they can cause significant damage to your credit.

Most credit card companies and banks offer several types of alerts, including:

• Transaction alerts: These alerts notify you whenever a transaction over a certain amount is made on your account or whenever a transaction is made in a certain location or with a certain merchant.
• Balance alerts: These alerts notify you whenever your account balance falls below a certain amount or whenever a large withdrawal is made from your account.
• Suspicious activity alerts: These alerts notify you whenever the credit card company or bank detects suspicious activity on your account, such as multiple transactions in a short period of time or transactions from unfamiliar locations.

To set up alerts with your credit card company or bank, login to your online account or contact customer service. You can usually choose which types of alerts you want to receive and how you want to receive them (e.g., by email, text message, or phone call).

Setting up alerts lets you stay on top of your account activity and identify any potential issues before they become major problems. Just keep your contact information up to date so that you can receive the alerts in a timely manner.

Using a Credit Monitoring Service

Finally, another way to defend your credit rights is to use a credit monitoring service that notifies you of any changes to your credit report. A credit monitoring service is a third-party company that keeps track of your credit report and alerts you whenever there is any new activity, such as a new account opening or a credit inquiry.

Using a credit monitoring service offers these benefits:

• Early detection of potential fraud or identity theft
• Notifications of any errors or inaccuracies on your credit report
• Alerts when your credit score changes or when you are pre-approved for credit offers
• Tools and resources to help you understand and improve your credit

When choosing a credit monitoring service, look for one that:

• Monitors all three major credit bureaus (Equifax, Experian, and TransUnion)
• Provides detailed alerts and explanations of any changes to your credit report
• Offers additional features, such as identity theft insurance or credit score simulators
• Has a good reputation and strong customer service

Credit monitoring services typically charge a monthly or annual fee, so compare prices and features before signing up. Some services may also offer free trials or money-back guarantees, so you can try them out before committing to a long-term subscription.

Using a credit monitoring service in conjunction with the other strategies discussed above can help defend your credit rights and protect your financial health.

If you notice any suspicious activity, contact your credit card company or bank immediately to report it and protect your accounts.

4. Know Your Rights as a Victim of Identity Theft

If someone stole your identity, you have additional rights under federal and state law:

• The right to place an extended fraud alert on your credit report for seven years
• The right to obtain documents related to fraudulent transactions made in your name
• The right to stop creditors and debt collectors from reporting fraudulent accounts in your name
• The right to obtain an identity theft report from the police to help prove your case to creditors and CRAs

To exercise these rights, you must prove your identity and provide a copy of an identity theft report or police report. You may also need to contact each creditor or CRA separately to request that fraudulent accounts be removed from your credit report.

5. Seek Help From a Credit Counselor or Attorney

If you are struggling to resolve credit disputes or facing legal action from creditors, seek help from a credit rights attorney. A lawyer can create a budget, negotiate with creditors, and develop a plan to improve your credit. An attorney can explain your legal rights and represent you in court if necessary.

When choosing an attorney,  do your research and choose a reputable provider. Look for an attorney who has experience handling credit disputes and consumer protection cases.

Contact an Attorney if You Face a Credit Dispute or Legal Action From a Creditor

Defending your credit rights in San Diego requires knowledge, diligence, and persistence. By understanding your rights under the FCRA and CCPA, checking your credit reports regularly, monitoring your accounts, and protecting your identity, you can safeguard your credit and fight back against unfair or abusive practices.

If you face a credit dispute or legal action from a creditor, don’t hesitate to seek help from a qualified credit counselor or attorney. With the right support and guidance, you can defend your credit rights and achieve your financial goals.