A man who fought to restore his credit rating after becoming a victim of identity theft more than three years ago has finally had his credit rating restored and is now able to move on with his life. He’s also been able to purchase his own home, at last.
Narcizo Zavala Guillen, formerly of Freedom, reached a confidential settlement with the Bank of America Corporation last month, according to documents filed in federal court. Confidential settlements were also reached with several credit reporting agencies and a debt collection company.
The case dates back to January 2009, when Guillen discovered someone had stolen his identity and bought a house in Watsonville using his name. That home was later foreclosed upon and debt collectors began pursuing Guillen.
Guillen, a long-time employee of Corralitos Farm, has now been able to move on with his life, purchasing a home in San Benito County.
“He was really affected by this,” said Balam Letona, a Santa Cruz attorney who represented Guillen. “Sometimes it’s hard for people to understand how identity theft affects someone emotionally.”
Letona said he’s seen victims of ID theft suffer anxiety, loss of sleep, marital strife and a host of other problems that arise in addition to the financial concerns.
The Federal Trade Commission estimates as many as 9 million Americans have their identities stolen each year. The agency provides a number of tips and advice on preventing and dealing with identity theft at FTC.gov/idtheft.
Guillen filed a report with the Watsonville Police Department in January 2009 after discovering the identity theft. Bank of America acknowledged in a letter in June 2009 that he was in fact a victim of identity theft, but inaccurate information continued to be listed on his credit report, Guillen claimed in his suit.
The suit, filed in December 2010, also stated Guillen made numerous requests to credit agencies to reinvestigate and correct the mistake. Bank of America, Experian Information Systems, Credco, Trans Union LLC, SRA Associates and Equifax Information Services were named as defendants.
Attorneys for the defendants could not be reached for comment Monday.
As a result, Guillen was denied credit opportunities and was “deprived of the American dream,” according to his suit.
“The system can be daunting,” Letona said.
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PREVENTING IDENTITY THEFT
– Shred financial documents and paperwork with personal information before you discard them.
– Protect your Social Security number: don’t carry your Social Security card in your wallet or write it on a check. Give it out only if absolutely necessary or ask to use another identifier.
– Don’t give out personal information on the phone, through the mail, or over the Internet unless you know who you’re dealing with. Avoid disclosing personal financial information when using public wireless connections.
– Never click on links sent in unsolicited emails; instead, type in a web address you know. Use firewalls, anti-spyware and anti-virus software to protect your home computer; keep them up-to-date. If you use Peer-to-Peer file sharing, check the settings to make sure you are not sharing your sensitive private files with other users.
– Don’t use an obvious password like your birth date, your mother’s maiden name or the last four digits of your Social Security number.
– Keep your personal information in a secure place at home, especially if you have roommates, employ outside help or are having work done in your house.
– Detect suspicious activity by routinely monitoring your financial accounts and billing statements. Be alert to signs that require immediate attention such as bills that don’t arrive as expected, unexpected credit cards or account statements, and calls or letters about purchases you did not make
SOURCE: Federal Trade Commission
