Protecting Personal Identifying Information in Business Filings: What You Need to Know About California Civil Code Section 1798.201
January 6, 2025
Identity theft is a growing concern in today’s digital world, and its effects are not limited to individual financial accounts. Fraud involving personal identifying information (PII) in corporate and business entity filings has become increasingly prevalent. To combat this, California Civil Code Section 1798.201 provides individuals with legal remedies to correct fraudulent filings. At FitzGerald Kreditor Bolduc Risbrough LLP, we are committed to helping our clients navigate these challenges and protect their personal and business interests.
Overview of California Civil Code Section 1798.201
Effective January 1, 2019, California Civil Code Section 1798.201 empowers individuals whose PII has been unlawfully used in business entity filings. This law creates a legal pathway to disassociate stolen information from fraudulent records and hold the perpetrators accountable.
Key Provisions:
1. Right to Petition the Court
Individuals who suspect their PII has been used unlawfully in a business filing (as defined by California Penal Code Section 530.5(a)) may petition the superior court in their county of residence.
2. Initiation of a Law Enforcement Investigation
Before filing a court petition, individuals must first report the issue to law enforcement under Penal Code Section 530.6(a) to initiate an investigation.
3. Court-Ordered Hearing
Once the petition is filed, the superior court can issue an ex parte order requiring the alleged perpetrator and the business entity to appear at a hearing. During this hearing, they must explain why the PII should not be marked as impersonated or why it should remain associated with the business entity.
Implications for Individuals and Businesses
At FitzGerald Kreditor Bolduc Risbrough LLP, we emphasize the critical importance of safeguarding PII, both for individuals and the businesses they interact with.
For Individuals:
Regularly monitor your business records to ensure that no unauthorized filings or changes have been made. If you notice discrepancies, act swiftly by reporting them to law enforcement and seeking legal guidance.
For Businesses:
Implement stringent identity verification processes when submitting official filings. This can mitigate the risk of fraudulent activity and protect the integrity of your records. Businesses should also educate employees about PII protection and compliance with regulatory requirements.
Navigating the Legal Landscape with FitzGerald Kreditor Bolduc Risbrough LLP
California Civil Code Section 1798.201 reflects the state’s commitment to combating identity theft and enhancing consumer protection. As experts in corporate and securities law, FitzGerald Kreditor Bolduc Risbrough LLP is here to help individuals and businesses address these challenges.
Whether you suspect your PII has been misused or need to implement best practices for safeguarding information in your filings, our team provides comprehensive legal support. From assisting with law enforcement investigations to representing clients in superior court, FitzGerald Kreditor Bolduc Risbrough LLP is your trusted partner in navigating these complexities.
How FitzGerald Kreditor Bolduc Risbrough LLP Can Help
At FitzGerald Kreditor Bolduc Risbrough LLP, our goal is to ensure your personal and business information remains secure while providing the guidance you need to resolve identity-related issues effectively. Let us partner with you to protect what matters most.
Our Corporate and Litigation teams specialize in compliance, identity theft disputes, and business integrity. If you need assistance or have questions about California Civil Code Section 1798.201, contact us today:
Eoin L. Kreditor, Managing Partner – ekreditor@fkbrlegal.com
Lynne Bolduc, Partner – lbolduc@fkbrlegal.com
Or reach us by phone at (949) 788-8900.
