California Offers Identity Theft Protection With a New Anti-Phishing Law, with Private Right of Action!

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California has just taken aim at identity theft from both sides, with a new law which makes phishing illegal. Yay.

The law makes it illegal “for any person, through the Internet or other electronic means, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the approval or authority of the business.”


This means that not only is it illegal to steal your identity by pretending to be, say, PayPal or eBay, but it’s illegal to steal their identity to do it.

Identifying information, under the new phishing law, includes “social security numbers, driver’s license numbers, bank account numbers, credit or debit card numbers, PINs, an automated or electronic signature, an account password, or “Any other piece of information that can be used to access an individual’s financial accounts or to obtain goods or services.”

Interestingly, the law also covers falsely obtaining “unique biometric data”. That’s not a pretty picture!

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So, who can sue under this law? Well, ISPs, and anyone who owns a website or trademark used by the phisher, may sue under this law and get damages of $500,000 or actual damages, which ever is greater.

And individuals!

That’s right! There is a private right of action! That means that individuals may also sue phishers under this new law! Individuals may recover either 3x the amount of the actual damages, or $5,000, whichever is greater.

 

No Paywall Here!
The Internet Patrol is and always has been free. We don't hide our articles behind a paywall, or restrict the number of articles you can read in a month if you don't give us money. That said, it does cost us money to run the site, so if something you read here was helpful or useful, won't you consider donating something to help keep the Internet Patrol free?
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11 thoughts on “California Offers Identity Theft Protection With a New Anti-Phishing Law, with Private Right of Action!

  1. I’ve started receiving the Euro lottery winning emails. Since I’ve caught onto the Nigerian scams in the past, every time I receive an email saying I’ve won a lottery I immediately do a search on either the lottery name or the person who claims to be the contact. There are pages and pages telling that these are scams. NEVER RESPOND!

  2. In the past week I have received three stating that I have won a foreign Lottery. Once they ask for money they are booted out of my e-mail.
    Also I received one that states that a relative of mine has passed but no will- I can predict there would be fees involved. I will not be had.

  3. “where has all their money gone,
    long time passing.
    where has all the money gone,
    long, long ago.
    where has all their money gone,
    gone to scammers every dime,
    when will they ever learn,
    when will they ever learn”.
    “gunner”

  4. “brendan”, comment #6 is correct, this and all like it are scams, do not reply, do not send money for “fees” or whatever excuse the scammer might claim. keep your hard earned money in your pocket, and remember “TANSTAAFL” (“There Ain’t No Such Thing As A Free Lunch”)
    “gunner”

  5. even I received the same email and they told me to tranfer some money in DHL courier company ..

    I dont know what to do ?

    please assist me also

  6. Any of the above are scams. I cannot believe that in this day and age, people are still asking, “Is this legitimate or not?” There is nothing free in life, especially if you have to pay up front.

  7. HI,
    I received the same letter,just emailed to see if its genuine they have come back saying it is… BUt if they ask me for money from transfer i will know instantly its a scam as if you have won something you shouldn’t be asked to pay !!!

  8. I have some email, I do’nt know they are “real” or not . Some body help me, please .
    ………………………..
    Sächsische Lotto-GmbH
    Central Office.
    Management and Central Services:
    Oststraße 105 D – 04317 Leipzig
    Germany.

    WINNING NOTIFICATION

    We are pleased to inform you of the result of the just concluded annual final draws of Sächsische Lotto-GmbH Program.

    Sächsische Lotto-GmbH draws was conducted from an exclusive list of 20,000,000 e-mail addresses of individual and corporate bodies picked by an automated random computer ballot search from the internet as part of our international promotions program which we conduct every year.No tickets were sold.

    After this automated computer ballot, your e-mail address attached to serial number 06-3434 drew the lucky numbers 7-17-21-26-37-42 which consequently emerged you as one of first fifty (50) lucky winners in this category.

    You have therefore been approved for a lump sum payout of €1,000,000.00 (One Million EURO) in cash credited to file SL/06-GmbH/4009. This is from a total cash prize of €50 Million Euro shared amongst the first fifty (50) lucky winners in this category. Your funds is now deposited in an offshore bank with a hardcover insurance.

    Please note that your lucky winning number falls within our European booklet representative office in London. In view of this, your €1,000,000.00 (One Million Euro) would be released to you by our affiliate bank in the Europe.

    To begin your claim,you are to choose from the options below:

    1.Telegraphic /swift bank transfer.
    2.Diplomatic Courier Service.

    For option one(1),you are to send your name and address in full,bank name, bank address, next of kin, account number,Swift/Routing/Sort Code,so as to facilitate the release of your funds to your stated local bank account.

    For option two(2),you are to send your name and mailing address in full, so as to facilitate the release of your Funds to your desired address/office address.

    You are required to send the necessary information as regards your choosen option to our help line below:

    Sächsische Lotto-GmbH
    Information and Payment Bureau:
    London Representative Office.
    Help Service Contact
    Tel: +44-702-406-3266
    Fax: +44-870-974-4065
    E-mail: mailheinz@uk2.net

    You will be assisted in the processing and remittance of your prize funds into your designated bank account.

    Note that all prize funds must be claimed not later than two weeks. After this date all funds will be returned to the LOTTERY TREASURY as unclaimed. please endeavor to quote your Reference Number:SL/06-GmbH/4009 and Batch numbers:SL/06-GmbH/3434 in every correspondence with your agent.

    Congratulations once again from all members of our staff and thanks for being part of our promotions program.

    Yours faithfully,
    Mrs.Haley Abban
    Promotions Manager.
    Sächsische Lotto-GmbH.
    …………………………………………….
    My office is in receipt of your e-mail message.

    Sächsische Lotto-GmbH draws was conducted from an exclusive list of e-mail addresses picked by an automated random computer ballot search from the internet.You happen to be one of the lucky winners.

    You have therefore been approved for a lump sum payout of €1,000,000.00 (One Million EURO) in cash credited to file SL/06-GmbH/4009. This is from a total cash prize of €50 Million Euro shared amongst the first fifty (50) lucky winners in this category.

    To begin your claim,you are to choose from the options below:

    1.Telegraphic/swift bank transfer.
    2.Diplomatic Courier Service.

    For option one(1),you are to send your name and address in full,bank name, bank address, next of kin, account number,Swift/Routing/Sort Code,so as to facilitate the release of your funds to your stated local bank account.

    For option one(2),you are to send your name and address in full, name of next of kin, so as to facilitate the courier delivery of your winnings to your designation.

    You are required to send the necessary information as regards your choosen option to effect the transfer of your winnings to your designation.

    Acknowledge receipt of this letter with a reply e-mail message.

    Yours faithfully,
    Mr.Heinz Frazier
    Sächsische Lotto-GmbH
    Information and Payment Bureau:
    London Representative Office.
    Tel: +44-702-406-3266
    +44 701-115-0676
    Fax: +44-870-974-4065

    CC

    Mrs. Kerstin Waschke
    Pressesprecherin
    Sächsische Lotto-GmbH
    Management and Central Services:
    Oststraße 105 D ? 04317 Leipzig
    Germany.
    …………………………………….
    To,
    Mr.Nguyen Tien Hiep,
    R/N:SL/06-GmbH/4009
    B/N:SL/06-GmbH/3434
    Dear Sir,

    SUBJECT: TELEGRAPHIC /SWIFT BANK TRANSFER APPROVED.

    We received your information, and the accounts department has been informed to initiate the telegraphic transfer of your funds of Eur 1,000,000.00(One Million Euros) to your private account at Vietnam International Commercial Joint Stock Bank.

    Furthermore, be informed that, in compliance with the policy governing Sachsen Lotto-GmbH, you are required to pay a Bank transfer fee of £1,400 Pounds (One Thousand Four Hundred GBP) before the transfer process of your funds to your account can be initiated. This payment is to cover for premium stamp duties, administrative charges and telegraphic/swift bank transfer charges.

    After payment you will be required to send by fax/e-mail the receipt of your payment so that the transfer process of your winning can be initiated immediately. Your funds will be in your stated bank account within 48 hours after payment of transfer charges.

    Note that your funds have been insured and no deductions of any kind can be made on your funds.

    Acknowledge receipt of this mail so we can provide you with an information on how to make the payment for the required charges.

    Yours faithfully,
    Heinz Frazier
    Sächsische Lotto-GmbH
    Information and Payment Bureau:
    London Representative Office.
    Tel: +44-702-406-3266
    Fax: +44-870-974-4065

    CC

    Mrs.Haley Abban
    Promotions Manager.
    Sächsische Lotto-GmbH
    Central Office.
    Management and Central Services:
    Oststraße 105 D – 04317 Leipzig
    Germany.
    ………………………………………………..
    To,
    Mr. Nguyen Tien Hiep,
    R/N:SL/06-GmbH/4009
    B/N:SL/06-GmbH/3434
    Dear Sir,

    SUBJECT: COURIER/DIPLOMATIC SERVICE DELIVERY

    We received your information and our affiliate Courier/Diplomatic Service Company has been informed to deliver the consignment containing your prize Funds of €1,000,000.00(One Million Euro) and other highly sensitive document to your stated mailing address.

    Furthermore, be informed that, in compliance with the policies governing Sächsische Lotto, you are required to pay a fee of $1,020 Dollars (One Thousand And Twenty USD) before the Courier process of your prize funds to your address can be initiated. This payment is to cover for Courier/Diplomatic Service charge, VAT, administrative charges, and Insurance.

    Note that, the charge is high as results of the hardcover insurance we have undertaken incase of loss, damage, or theft of your highly sensitive documents.

    After payment you will be required to send by fax/e-mail the receipt of payment. As soon as we receive confirmation of payment of the above charges, your consignment will be dispatched immediately. The date/time of departure and expected date of delivery will be sent to you.

    Note that your fund has been insured and no deductions of any kind can be made on your funds.

    Acknowledge receipt of this mail so we can send you information on how to make payment for the required charges.

    Yours faithfully,
    Mr.Heinz Frazier
    Sächsische Lotto-GmbH
    Information and Payment Bureau:
    London Representative Office.
    Tel:+44 701-115-0676
    Fax:+44-870-974-4065

    CC

    Mrs. Kerstin Waschke
    Pressesprecherin
    Sächsische Lotto-GmbH
    Management and Central Services:
    Oststraße 105 D ? 04317 Leipzig
    Germany.
    …………………………………………….

    To,
    Mr. Nguyen Tien Hiep,
    R/N:SL/06-GmbH/4009
    B/N:SL/06-GmbH/3434
    Dear Sir,

    PAYMENT INFORMATION

    You are required to make the payment of £1,020 Pounds (One Thousand, And Twenty GBP) by Western Union Money Transfer to the accounts officer in charge of the courier delivery of your funds to your mailing address with the information below.

    RECEIVER’S NAME: Mrs. Solarge Moore
    ADDRESS: Sachsische House, 18 old Wayne streets 54-gane London, United Kingdom.

    You are required to send to us the Western union payment slip/receipt by fax or email for confirmation of payment and documentation so a receipt is sent to you.

    Your consignment will be dispatched immediately. The date/time of departure and expected date of delivery will be sent to you.
    Acknowledge receipt of this e-mail with the Western union money transfer receipt as soon as possible.

    Yours faithfully,
    Mr. Heinz Frazier
    Sächsische Lotto-GmbH
    Information and Payment Bureau:
    London Representative Office.
    Tel: +44-702-406-3266
    +44 701-115-0676
    Fax: +44-870-974-4065

    CC

    Mrs. Kerstin Waschke
    Pressesprecherin
    Sächsische Lotto-GmbH
    Management and Central Services:
    Oststraße 105 D end of have Leipzig
    Germany.
    ………………………………………………….
    To,
    Mr. Nguyen Tien Hiep,
    R/N:SL/06-GmbH/4009
    B/N:SL/06-GmbH/3434
    Dear Sir,

    Find attached to this e-mail a Letter of Guarantee duly signed and witnessed by the firmÂ’s attorney, Mrs. Felicia Hoy as to be sure that your prize Funds will be released immediately upon receipt of confirmation of payment.

    Kindly proceed with the payment via western union money transfer with the previous information today so as to get over this claim process of yours as soon as posible.

    You can equaly come to our office to claim your funds. This will attract no charges.

    Acknowledge receipt of this e-mail at your earliest convenient.

    Yours faithfully,
    Mr. Heinz Frazier
    Sächsische Lotto-GmbH
    Information and Payment Bureau:
    London Representative Office.
    Tel: +44-702-406-3266
    +44 701-115-0676
    Fax:+44-870-974-4065

    CC

    Mrs. Haley Abban
    Promotions Manager.
    Sächsische Lotto-GmbH
    Central Office.
    Management and Central Services:
    Oststraße 105 D – 04317 Leipzig
    Germany.
    ………………………………………………
    They give me a Letter of Guarantee duly signed and witnessed by the firmÂ’s attorney, Mrs. Felicia Hoy as to be sure that my prize Funds will be released immediately upon receipt of confirmation of payment .
    Please help me, I don’t know they are cheating me or not ? If you live in LOndon, You can check the address for me ?

  9. received a british random lotto letter along w/ a check need to call some london# to authorize check…..is the check fake also can it be check at a bank?

  10. So now the question is, how can I game this by offering up something to the phishers which will only allow them to get a few pennies from me, but allows me to collect $5k from them… Of course, this law won’t be very effective though. What we actually need in order to reduce phishing attacks is FOR THE FRICKING FINANCIAL INSTITUTIONS TO NOT GIVE AWAY YOUR MONEY WITHOUT SOME ACTUAL CONFIRMATION THAT YOU ARE YOU. This is not a terribly hard security problem to solve.

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