Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. 1341), wire fraud (18 U.S.C. Therefore, if you are a victim of identity theft, it may be in your best interest to hire a local identity theft attorney, or alternatively, a identity theft lawyer. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. They just need the card number to start ordering online. This site is protected by Identity theft is a crime that can set a victim back in ways beyond financial loss, such as a loss of time and emotional distress. If your credit card is lost or stolen, let the card company know right away to prevent losses from occurring. However, it can be difficult to find them and their personal information. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? What to do about unwanted calls, emails, and text messages that can be annoying, might be illegal, and are probably scams. We also help business owners who lost their company because of the illegal activity of others. In most states, you incur no liability for accounts opened in your name. You can sue for damages that happened because the collector broke the law expenses like lost wages or medical bills, or compensation for the effect the debt collectors actions had on your job or your health. Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. Law, Insurance We've helped more than 6 million clients find the right lawyer for free. It allows you to place freezes on your credit report, which may help prevent further damage. No liability is incurred by you, on accounts opened in your name. If you feel your rights under the FCRA have been violated by TransUnion, call 1-877-735-8600 to speak to our legal team. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. With more financial transactions occurring over the telephone and Internet, it is easier than ever for thieves to steal your identity. Having a police report filed is beneficial for many situations. We know the thief can always be sued but that is only if he or she is caught, convicted and has money. Contact information for major check verification companies are as follows: TeleCheck: 1-800-710-9898 or 1-800-927-0188, International Check Services: 1-800-631-9656. Bankrate.com: 12 Steps for Victims of Identity Fraud, FDIC: Consumer Protection Topics - Cybersecurity. Ask the creditors to contact you before they open new accounts or change current ones. Step Two:Contact the fraud department of each of your creditors. It is a violation of your private and financial life, and can have devastating long-term ramifications, so it is important to know your rights. (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. As a victim of identity theft, you may be able to sue the perpetrator in civil court. Library, Bankruptcy Get copies of documents related to the theft of your identity, like transaction records or applications for new accounts. . If the civil lawsuit is successful, the victim could potentially recover: The Fair Credit Reporting Act (FCRA) also allows victims to request creditors and debtors stop reporting on the fraudulent accounts. Property Law, Personal Injury What Is the Bank's Liability If There Is Identity Theft? We tailor each case to meet our clients' needs. This can be one of the most dangerous types of identity theft, as the notes made on the victims medical charts, which really concern the thief, could lead to improper and potentially fatal medical decisions in the future. Business of Commercial Identity Theft:This occurs when an individual, usually a current or ex-employee, uses a businesss name to obtain credit. When you have filed all the reports, and are successful at having the perpetrator found guilty, you may have a claim to sue them. In order to recover actual damages or attorneys fees in an action or cross-complaint filed by a person alleging that he or she is a victim of identity theft, the person shall show that he or she provided written notice to the claimant that a situation of identity theft might exist, including, upon written request of the claimant, a valid copy of the police report or the Department of Motor Vehicles investigative report promptly filedat least 30 days prior to his or her filing of the action, or within his or her cross-complaint pursuant to this section. Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. 1028), credit card fraud (18 U.S.C. Thank you so much Morgan & Morgan! Lets say the company that was hacked is a large private hospital not owned by a public company. Immediately, you can breathe. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . You may be able to sue for negligence, fraud, breach of fiduciary duty, invasion of privacy, conversation, breach of contract, emotional distress and other legal theories under state statute. No liability is incurred by you, on accounts opened in your name. Juvenile Court Proceedings: How It Differs from Adult Court. Using information to obtain false identification. That simply isnt true and is why you need an experienced identity theft lawyer to assist you in recovering back your money. Additionally, the U.S. Federal Trade Commission provides information and resources on how to report and recover from identity theft. Identity theft is often perpetrated by individuals. Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. Morgan and Morgan is truly the best law firm! They can do this by hiring a private attorney and having them assemble their case. 1029), computer fraud (18 U.S.C. And the best news is that you can report and remain anonymous. If you are a victim of identity theft, you probably feel angry and anxious. We'll upload confirmation documents to your task for you to view, and if the contacts need more information, they will reach out to you personally via email or mail. However, in most cases, the offenders conduct will lead to state criminal charges. You may wonder if you're entitled to pursue a civil lawsuit against the offender(s). Some states have passed laws creating a cause of action specifically based on identity theft. Heres what you need to know about these calls. "How much can you sue for identity theft?" These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. Punitive damages are a available in some states but often not against the bank or business who facilitated the theft. If you have any unpaid debts, your creditors can get the bank to freeze your account in order to satisfy your obligations. An official website of the United States government. If your checks have been stolen, or if you suspect they have been used, call your bank or credit union and place stop payments on the compromised or missing checks. The FTC and its law enforcement partners announced actions against several income scams that conned people out of hundreds of millions of dollars by falsely telling them they could make a lot of money. In Ginder v. Bank of America, 2015 U.S. Dist. Always asked how I was doing and was prompt with responding to any of my questions or concerns. However, it can be difficult to find them and their personal information. People stealing your identity can be sent to prison but that rarely helps the victim. Of course, the restitution order only works if the person convicted is able to get a decent job. Tell us about your situation so we can get started fighting for you. Close your account to prevent additional fraudulent charges. Legality and Usage of Asbestos in the U.S. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. After that, you should consider if a consumer protection attorney can help you pursue a case. With more financial transactions occurring over the telephone and Internet, it is easier than ever for thieves to steal your identity. This is difficult to detect and can become very costly. Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. Because you are a victim of identity theft, they should be provided free of charge. We handle consumer cases as class actions although a few hundred or thousand dollars means a lot to you and us, it simply isnt economically feasible to handle a single case.]. If you believe a business is fully or partially at fault for your financial injuries, contact a lawyer today. What Security Problems Come With Using Credit Cards?, What Is a CV Number and Where Is It Located on My Credit Card?. If the prosecutor presses charges, the defendant will be tried and punished in criminal court. (Dont see what you are looking for? 4. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. All rights reserved. Our process is fast and easy. Children are a major target of identity theft. The most successful methods are: These methods have been most effective against older consumers who are unfamiliar with technology, or the young consumers who are not careful in their transactions. DoNotPay wants to help you understand the process of recovering from identity theft so that you are prepared to sue if possible. Request copies of your credit reports to examine them for fraudulent charges or new, unauthorized accounts opened under your name. The U.S. Department of Justice broadly defines identity theft as a term that applies to all types of crimes that involve obtaining and using someone elses personal data through fraud or deception for their own economic gain. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. You cannot control whether the offender is charged with a crime or not. Experian ProtectMYID Reviews: Is It the Best Option for You? The amount that can be claimed will vary depending on the facts of that case. Banks typically cover all losses against identity theft; but what happens if they dont? Identity theft is a form of fraud that happens when an individual uses someone else's personal information (name, social security number, credit card number, etc.) There are multiple parties that can be sued, various laws that must be filed, different procedures that must be followed, and many measures that must be taken afterwards to prevent it from happening again. The reason for this is because they are better candidates for imposter purposes. You will also want to file a police report to get the incident on record. Here are the main steps to take if you get sued by a debt collector: Ignoring the legal notices and papers wont make the lawsuit go away. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. The second step is to inform any bank or credit card that was impacted by the fraud. You can get a free report every year, along with a FREE case review in the event you spot irregularities and need further guidance on how to proceed. If a bank has allowed identity theft to occur, you could potentially sue. Generally, identity theft cases are difficult to prove beyond a reasonable doubt because of a lack of sufficient physical evidence, which is commonly due to standard business policies. Banks often take it a step further and guarantee that you will have no losses to cover; they do this to increase their customers' trust in using the cards. On the site, you can report and put together a plan to recover from identity theft. If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court. How to protect your personal information and privacy, stay safe online, and help your kids do the same. Fla. 2015), Mrs. Ginder, an 81 year old woman, deposited her life savings into various Bank of America accounts. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. However, the losses you incur can sometimes be greater than direct losses. The type of claim you file will hinge on the type of identity theft you have been the victim of, as well as the facts particular to your case. If your credit card information has been stolen, it is important to contact your credit card company immediately. We only get paid if we win. State laws and the specific circumstances of your case will affect who you can sue and what compensation you may be able to receive. Sit back and relax while we do the work. Other federal identity theft laws include identification fraud (18 U.S.C. But there are options to get legal help, including, Debt collectors must follow the law when contacting you about a debt. If you lost $5 million or more in a sophisticated identity theft, we can help. Learn more If granted, the defendant will be required to compensate the victim for any out-of-pockets costs resulting from the crime. Several methods of attaining consumers personal information have been discovered. Find out how to hold banks responsible for allowing identity theft. Start small, then add on. That can include a court order declaring that are not legally responsible for debts created in your or your business name. Hiring a private attorney and having them assemble your case will allow you to navigate parts of the case that could be difficult on ones own. The bank will be responsible for covering any losses you might suffer from successful impersonation. Quick Guide to Do When Someone Steals Your Identity, Learn How to Report Identity Theft Easily, Reporting and Preventing Credit Card Fraud Has Never Been This Easy, Protect Yourself From Social Security Identity Theft. As for identity theft of elderly persons, thieves will usually accomplish this in one of two ways. Responding to a debt collectors lawsuit in court will likely put you in a better situation, cost you less in fees, and give you more control over how you repay the debt. Can Victims of a Mass Shooting Sue the Government? Liability will depend on the relevant Federal and State laws, how much of your personal information was exposed, and other facts of the case. They will also know which parties to sue and which ones may not be worth the time and costs. If you are warned that your personal information or credit card numbers have been leaked or sold (apps like CreditWise offer alerts of this nature) you should freeze your credit line or start carefully watching your credit card transactions and emails. Suing an individual requires that you have identified and pressed charges against the perpetrator and that they are convicted. Hiring a private attorney and having them assemble your case will allow you to navigate parts of the case that could be difficult on your own. People with inside information about data breaches may be eligible for large cash whistleblower rewards. Call the major check verification companies and ask that they tell retailers who use their databases not to accept your checks because they may be stolen. Copyright 2022, Thomson Reuters. Services Law, Real Consumer level cases are a different story. Meeting with a lawyer can help you understand your options and how to best protect your rights. This is essential to ensure you are not held liable for any fraudulent charges. Contact us today & reclaim your financial future. Login. The good news is that you, as a consumer, are protected by federal and state laws against losses from identity theft. (This may not be the same place you live). Law, Immigration Here are the main steps to take if you get sued by a debt collector: Answer the lawsuit, which you may have to do in writing or by showing up to court or both. It can take a significant amount of time to remove the reports of fraudulently obtained credit from your credit bureau report. The fourth step is to contact an experienced attorney to help you understand your rights and legal options. Injunctive relief is often critical in identity theft cases. Submit your case to start resolving your legal issue. In those cases, it may be possible to successfully sue the individual but even then, collectability is often an issue. Having a report filed with them will aid you in the process of filing police reports, dealing with identity theft claims, and in potential lawsuits. LifeLock Review: Is It Legitimate and Safe to Use? If you have a case, your lawyer can help you prepare and file it, as well as represent you on the matter in court. You went to these stores while traveling by using Uber. Last Updated: Dec 04, 2022 As a victim of identity theft, you may take action against 3rd party entities. We file reports and support you through the entire process. For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories and civil procedures. information from identity theft and failed to maintain state-of-the-art security standards . Depending on the specifics of your case, the amount you can sue for, and potentially receive, will vary. They were caring and concerned about my case. Meaning, the most . Its the right thing to do. reCAPTCHA and the Google Privacy Policy and Kept me informed every step of the way about my case. As is evident from the above discussion, recovering from identity theft is a very complex process. (C)That the claimant continued to pursue its claim against the victim after the claimant was presented with facts that were later held to entitle the victim to a judgment pursuant to this section. Learn about getting and using credit, borrowing money, and managing debt. You have options for who to sue based on your case: There are various legal theories that may apply in an identity theft case. Our attorneys have a history of success helping consumers restore their good names, reputation, and credit after their identities were stolen. Recovering stolen money and correcting any additional damage caused by identity theft, such as a damaged credit score or a tarnished reputation, can be a difficult task to undertake on your own. For example, suppose a person saves their credit card information on their computer, to a web browser, or within a pre-filled form on a website. [Our practice is primarily focused on large embezzlement and identity theft cases with a loss of $5 million or more. Typically, someone else will use your personal information to fraudulently obtain money, goods, or services. Several methods of attaining consumers personal information have been discovered. File a report with the law enforcement agency holding jurisdiction over the area where the identity theft took place and be sure to get a case number for the file. DoNotPay brings peace of mind when reporting and suing for identity theft, because you have expertise and experience behind you. Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. How Do I Sue for Identity Theft? 1343), or financial institution fraud (18 U.S.C. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. The Fair Credit Reporting Act defines identity theft as a fraud committed or attempted using the identifying information of another person without authority. Typically, identity theft is separated into six categories, which are comprised of the following: New Account Fraud:This occurs when an individual takes advantage of an individual with good credit standing by using their personal information to create new accounts. Considering the negative effects of being the victim of identity theft, most victims want punitive damages and compensatory damages for the emotional and financial ordeal they are put through. You may even be able to resolve the debt by responding or showing up in court because some collectors would rather settle than go through extended litigation. You will need an experienced attorney that understands state and federal identity theft laws. Contacting an experienced identity theft attorney is an important step in complementing the governments investigation. You'll simply click on the . Companies like Equifax, Experian, and Transunion offer alerts about suspicious activity in your credit reports and also offer credit freezes or fraud alert settings. At Morgan & Morgan, our attorneys have access to experts at the top of their respective fields, including private investigators and forensic accountants, who may be able to assist in determining, through their own private investigation, when your identity was stolen and by whom. You can consider joining aclass actionlawsuit if numerous users of an app or company had a data breach. Report the identity theft to each creditor, even if that account has not been affected. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. We will get you started immediately. The bank that you're up against gets to pay witnesses to testify on their behalf and can order its own employees to do the same. How to deal with identity theft using DoNotPay: And that's it! Jaclyn started at LegalMatch in October 2019. If the lawsuit is successful, the victim can potentially recover: On the other hand, in a criminal matter, the goal is to punish the defendant. You are responsible for notifying the bank if your checkbook is lost or stolen. to commit financial fraud for their own gain. This is just a small sample of the cases we accept. Aside from the specific examples provided above, some more general methods that are used to steal identities include: Although identify theft can happen to anyone, identity thieves tend to target two primary groups of people: children and the elderly. Beyond assembling and presenting your case, an attorney can assist with the recovery process and provide guidance on which financial institutions or government agencies to contact, and explain how to request an instance of identity theft to the Federal Trade Commission (FTC).