code or county). These can include credit card accounts, bank accounts, utility accounts, and cell phone accounts. Visit our attorney directory to find a lawyer near you who can help. Kept me informed every step of the way about my case. Alert every financial institution where you have accounts of any kind. Getting sued can be stressful, and many people dont know where to start. Some states allow identity theft victims to sue under their identity theft laws. Why Your Website's Terms and Conditions Matter. 1029), computer fraud (18 U.S.C. Stay up-to-date with how the law affects your life. LegalMatch, Market She is broke and in jail. Most importantly, don't let your credit cards or checks out of your sight. 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. This will pay off the outstanding loans without filing a lawsuit or court decision against you. There are a number of state and federal laws that make identity theft a crime. In cases where the actual thief cannot be identified or located, you may be able to file suit against another party. Occasionally, banks can take up to 45 days to conduct the investigation, but in these cases, the bank has to give the disputed money back to you until the process is over. . If theres one constant among scammers, its that theyre always coming up with new schemes, like the Google Voice verification scam. You can find out if you qualify immediately. . A federal law known as Gramm-Leach-Bliley Act (GBLA) regulates how banks may handle consumer information. Meeting with a lawyer can help you understand your options and how to best protect your rights. Using information to obtain false identification. Many small claims courts require you to make an effort to resolve your dispute before you file a lawsuit in court. With more financial transactions occurring over the telephone and Internet, it is easier than ever for thieves to steal your identity. You will need an experienced attorney that understands state and federal identity theft laws. However, the losses you incur can sometimes be greater than direct losses. Although we do not handle individual consumer cases, we have published this post to help everyone.]. Keep a written record of every conversation you have with the fraud departments. 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. The bank is responsible for validating your true signature on all checks. The bank will be responsible for covering any losses you might suffer from successful impersonation. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Get copies of documents related to the theft of your identity, like transaction records or applications for new accounts. Identity Theft.gov The federal government's 1-stop resource for victims. I wish I didnt have to hire an attorney but my family and I were blessed. We've helped more than 6 million clients find the right lawyer for free. Even if you dont think you owe that debt. In addition, your lawyer can also assist you with the recovery process, provide guidance on which financial institutions or government agencies to contact, and explain how to report an instance of identity theft to the FTC. Possible theories that a victim of identity theft could sue under include: TheFederal Trade Commission (FTC) has steps you can takeafter identity fraud. 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. Forfeiture of any personal property used to commit or that were gained from the crime. LifeLock Review: Is It Legitimate and Safe to Use? Follow up in writing. This would show on your credit report as unpaid debt. It may be possible to sue a credit bureau or business that disclosed your credit information. 1344). DoNotPay wants to help you understand the process of recovering from identity theft so that you are prepared to sue if possible. Credit cards are breached most frequently because criminals dont need the physical card anymore. You are responsible for notifying the bank if your checkbook is lost or stolen. Credit cards are breached most frequently because criminals dont need the physical card anymore. Ask the credit bureaus to place a "fraud alert" on every open account. If a bank has allowed identity theft to occur, you could potentially sue. Thank you. As such, criminals can use childrens information to establish lines of credit, obtain government IDs like passports or licenses, and take out a mortgage on a house. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. They. No liability is incurred by you, on accounts opened in your name. If the person knows or law enforcement can find the person who is responsible for the identity theft, then they can be sued in both criminal and civil court. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. Who is responsible? Identity theft can include someone impersonating you to benefit financially or stealing your financial information and using it to drain your bank account or rack up debt. In most cases, banks and credit card companies are only obligated to refund any stolen funds or illegal charges if reported within a short time frame, sometimes limited by contract and sometimes by federal law. Jaclyn holds a J.D. from Fordham University, majoring in both Journalism and the Classics (Latin). Whether or not you have the right to sue a person or business for identity theft depends on the offenders actions and your state law. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . Law, Products information from identity theft and failed to maintain state-of-the-art security standards . For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories and civil procedures. Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. That can include a court order declaring that are not legally responsible for debts created in your or your business name. You can rest assured knowing we'll make the best case for you, so you can return to living your life as normally as possible. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. Often you won't know until a credit card app, security app, or credit report alerts you that a social security number, credit card number, or sensitive personal information was stolen. Sit back and relax while we do the work. 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. Does It Store My Password? The thief may pretend to be a long lost relative, medical personnel, or show up at their nursing home claiming to be a representative from their bank or other important business and have them sign paperwork. A year later your identity is stolen and your bank accounts drained. On the site, you can report and put together a plan to recover from identity theft. 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. The smallest fact can make a theory of liability actionable; therefore, it is important for your attorney to be equipped with all information that is relevant to your case, as this can help in determining the best route for recovery. How to deal with identity theft using DoNotPay: And that's it! If your bank has frozen your money and won't let you prove your identity in a reasonable time, we may be able to help. Our specialists will walk you through your case and collect all the right information to win your case. That means the court can rule without hearing your side and the debt collector could win by default because you didnt show up. Always asked how I was doing and was prompt with responding to any of my questions or concerns. 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. Close your account to prevent additional fraudulent charges. Withdrawals from the victims bank accounts, Fraudulently accessing online accounts, or. LegalMatch Call You Recently? But even if a court finds a debt collector violated the law in trying to collect a legitimate debt, you may still owe the debt. Those are best handled in a class action. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Tell us about your situation so we can get started fighting for you. Businesses may be unable to obtain necessary evidence, such as surveillance or receipts, and may lack physical contact with your identity thief. Identity theft has become all too common. Her role entails writing legal articles for the law library division, located on the LegalMatch website. There is widespread belief that Uber waited a year before reporting their data breach. LEXIS 25562 (M.D. [Our practice is primarily focused on large embezzlement and identity theft cases with a loss of $5 million or more. We have helped over 300,000 people with their problems. Which Is Better? You'll simply click on the . & Entities that can be held liable for identity theft include the major credit bureaus (Equifax, TransUnion, and Experian), credit institutions, and banks. In the business theft cases we often see, the culprit is known to us. Today, many of the identity theft cases are caused by sophisticated hackers and organized crime. Id. Banks are often victims as well but that doesnt mean they cant be held liable for your losses. Angie Mohr is a syndicated finance columnist who has been writing professionally since 1987. You must include a copy of your police report and an identity theft affi davit with your written request to the company that has the documents. Law, Insurance Receiving unfamiliar bills in the mail or not receiving regular bills/mail, Unauthorized transactions on your financial statements, Receiving calls from fraud departments for suspicious activity, Unauthorized purchases or changes to your online accounts, Unfamiliar activity on your credit reports, Calls or letters from debt collectors for unfamiliar debt, Medical claims denied or being billed for services you didn't receive, You cannot file income taxes because you have supposedly already filed, Receiving notification that your information was compromised in a data breach, meaning you are at risk for identity theft. Contacting an experienced identity theft attorney is an important step in complementing the governments investigation. As discussed above, if the person knows or the police can find the person responsible for the identity theft, then the victim may be able to sue in civil court. You have options for who to sue based on your case: You can sue the thief, as they are the ones responsible for your harm. Login. All inquiries kept completely confidential. Log in to DoNotPay and select the "Sue Now" product, Enter the dollar amount you are seeking for compensation, Select whether you want to serve a demand letter or file a claim in court, Describe the reasons for the lawsuit and submit any applicable details, including photo evidence. You don't have to spend hours researching identity theft or trying to fill out forms correctly. However, you are responsible for notifying the bank immediately if you have lost your checkbook or it has been stolen. Property Law, Personal Injury However, you may have the option to file a civil lawsuit against the offender. 2023 Fair Credit, LLC, All Rights Reserved. Common examples of identity theft include someone using your: If you believe you have been the victim of identity theft, the first step is to file a report with the police. Credit Cards In most states, you incur no liability for accounts opened in your name. Whatever you do, dont ignore the lawsuit. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. But, even if your specific state doesn't include such a provision, you still may be able to sue if you've been the victim of identity theft. Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. Where Do I Report a Debt Collector for Breaking the Law? $0 cost to you. Box 6790 Fullerton, CA 92634-6790 To order your report: 1-800-888-4213 To report fraud: 1-800-680-7289 TDD: 1-877-553-7803www.transunion.com, ExperianP.O. Consider contacting a firm that handles class action suits because your damages may be small but this behavior may be outrageous. Consumer level cases are a different story. Fla. 2015), Mrs. Ginder, an 81 year old woman, deposited her life savings into various Bank of America accounts. Regardless of who the target is and how the thief does it, committing identity theft specifically against a child or an elderly person will result in severe legal penalties if convicted. You are required to notify the bank immediately to prevent any further losses, but the legal time limit to provide notice is set at 60 days. Reporting Fraud on Credit Card the Easy Way, Ways Identity Theft Can Ruin Your Credit Score, File a Report About Identity Theft in Minnesota, How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier. If your credit card information has been stolen, it is important to contact your credit card company immediately. $0 cost to you. In corporate identity theft cases, we handle those individually. Once we guide you through the best options, we'll automatically submit the reports on your behalf! If your case is successful, you may be able to recover compensation for your financial losses, restore your reputation, and reestablish your credit score. (3)An injunction restraining the claimant from collecting or attempting to collect from the victim on that claim, from enforcing or attempting to enforce any security interest or other interest in the victims property in connection with that claim, or from enforcing or executing on any judgment against the victim on that claim. Compensation for Violations of the EFTA. 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. Contact us today & reclaim your financial future. The real deep pockets in large identity theft cases are the banks or holders of the data. Children are a major target of identity theft. Many times, sophisticated criminals will target a specific business. We have seen cases where hundreds of thousands of dollars and more were taken in a single fraudulent wire or forged check. Call us anyway. ), a . Additionally, the U.S. Federal Trade Commission provides information and resources on how to report and recover from identity theft. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. We'll even mail a copy of your demand letter to the individual or business you are suing. Whether or not you can file a civil lawsuit against the perpetrator, you should still speak with a consumer protection lawyer. Merchants who process credit card transactions; Most likely any other business that had possession of and may be responsible for the stolen information. Some institutions may require that you file a police report when handling your identity theft case. 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. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Send a demand letter to the bank. Thieves can also pose as authority figures (e.g., school administrators), so that the child will feel obligated or trust them enough to give them the information. 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. From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. We will get you started immediately. Liability will depend on the relevant Federal and State laws, how much of your personal information was exposed, and other facts of the case. Federal Trade Commission (FTC) has steps you can take, Find Personal Injury Lawyers in Your Area. 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. 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. In the meantime, it may make obtaining new credit more difficult for you and cause trouble for weeks or even months. Library, Bankruptcy You are responsible for notifying the bank if your checkbook is lost or stolen. If granted, the defendant will be required to compensate the victim for any out-of-pockets costs resulting from the crime. Additionally, if the victim is a business, they can also request that fraud alerts be put on their business accounts and if their name or trademarks were tampered with, they can contact the Secretary of State to amend their filings. Our attorneys may be able to help to recover financial losses and remedy other injuries you have suffered as a result. Punitive damages are a available in some states but often not against the bank or business who facilitated the theft. Thus, any fines the defendant is ordered to pay will go directly to the federal or state government. Last Updated: Dec 04, 2022 As a victim of identity theft, you may take action against 3rd party entities. Can You Sue a Bank for Allowing Identity Theft? What Security Problems Come With Using Credit Cards?, What Is a CV Number and Where Is It Located on My Credit Card?. There are three types of damages that may be available in identity theft case: Compensatory damages are designed to make you whole. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. Simply follow the steps below to get started: That's all! Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. If you're worried. Sadly, many companies do not report data breach cases. The second step is to inform any bank or credit card that was impacted by the fraud. Identity theft refers to crimes in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception. An official website of the United States government. Merchants who process credit card transactions. If you've been the victim of identity theft and are wondering if you can file a civil lawsuit, it's a good idea to contact a personal injury attorney who can review the facts of your case to determine who you may have a claim against and what legal theories may apply to your specific situation. Identity theft takes place whenever any other person uses your personal identifying information, such as your name, bank account numbers, credit card, or Social Security Number (SSN), without your permission. If the person is caught and prosecuted big ifs, a court could order restitution. The first is by taking advantage of their lack of knowledge about technology. Looking for alternatives for your holiday shopping? Filing a report with the local police department is beneficial if you know the individuals identity who has committed the fraud against you, or if your identity was used in police encounters, like traffic citations or arrests. Going to court can feel overwhelming to do alone. Our specialized attorneys will handle every step of your case from start to finish. We'll identify whether you should file a FTC report, contact the IRS, freeze your credit report, contact state agencies, or file a police report. Box 9532 Allen, TX 75013 To order your report: 1-888-EXPERIAN (397-3742) To report fraud: 1-888-EXPERIAN (397-3742) TDD: 1-888-972-0322www.experian.com. They can do this by hiring a private attorney and having them assemble their case. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes.