1028), credit card fraud (18 U.S.C. Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. You can sue the thief, as they are the ones responsible for your harm. Victims of Childhood Sexual Abuse Legislation Stalled in PA House, Morgan and Morgan Join in on the Fun at Monster Jam Pit Party, Morgan and Morgans Response to the Jackson Water Crisis. 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. Some states have passed laws creating a cause of action specifically based on identity theft. Worse, many of the bad actors are overseas or work for hostile nation states. Any other business that had possession of and may be responsible for the stolen information. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. Consumer level cases are a different story. Login. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. 2023 Fair Credit, LLC, All Rights Reserved. Most importantly, don't let your credit cards or checks out of your sight. To begin with, many local police departments lack the technology necessary to determine who committed the crime. 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. With more financial transactions occurring over the telephone and Internet, it is easier than ever for thieves to steal your identity. The most important thing is to respond. The bank is responsible for validating your true signature on all checks. is a common question among those who have unfortunately been the victim of this fraud. Preventing identity theft is the best way to avoid all this, and regularly reviewing your credit reports (at the very least annually) will help. This is difficult to detect and can become very costly. Violators can be sent to prison for up to 15 years. 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. [Editors note: We handle large identity theft cases with a loss of $5 million or more, corporate identity theft where a business partner illegally steals or takes over a business and whistleblowers who wish to report identity theft at their workplace. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. DoNotPay brings peace of mind when reporting and suing for identity theft, because you have expertise and experience behind you. Also, some states require offenders convicted of identity theft to pay restitution, and this order for restitution may be treated like a civil judgement. A credit report can help identify irregularities that could indicate this form of identity theft. Typically, someone else will use your personal information to fraudulently obtain money, goods, or services. However, it can be difficult to find them and their personal information. After that, you should consider if a consumer protection attorney can help you pursue a case. In this post we will answer the question, How do I sue for identity theft?. Have you heard about it? Additionally, our attorneys can review the details of your case, which will include both information collected by our experts and your own accounts, to determine whether a third party can be held liable for your injury. However, when it comes to lost assets, it is generally much harder to recover monetary damages as a business since an individual thief will usually not have the funds to compensate them for such a major loss; especially, if they are sentenced to prison. Contact information for the three major credit bureaus: EquifaxP.O. Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. Law, Intellectual Federal law restricts your losses in credit card theft to $50 as long as you inform the bank or card company within 60 days of the issuance of the credit card statement. These time frames can be as short as a few days, so it is important to remain vigilant about activity on any financial accounts. Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. It can take a significant amount of time to remove the reports of fraudulently obtained credit from your credit bureau report. Follow up in writing. When you have filed all the reports, and are successful at having the perpetrator found guilty, you may have a claim to sue them. (2)A declaration that any security interest or other interest the claimant had purportedly obtained in the victims property in connection with that claim is void and unenforceable. PERIOD! Because you are a victim of identity theft, they should be provided free of charge. Click here. The bank will be responsible for covering any losses you might suffer from successful impersonation. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. 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. Close your account to prevent additional fraudulent charges. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. What Damages Are Available in Mass Torts? 4. The .gov means its official. Where Do I Report a Debt Collector for Breaking the Law? It is almost always done for economic gain. As previously mentioned, the first thing a victim must do is to figure out who stole their identity. Why Courts Seal False Claims Act Lawsuits. The second way that thieves obtain information for elderly persons is through theft by deception. Get your free case review now or call us toll-free at 1-877-735-8600 today. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. The real deep pockets in large identity theft cases are the banks or holders of the data. Steps that should be taken immediately after you notice your identity has been stolen, online or otherwise, include: Step One:Report the identity theft to the fraud department of the three major credit bureaus. Lawyers who handle identity theft matters will be familiar with both federal and state laws, causes of action, and the overall process required to potentially reach a successful resolution. Our firm helps consumers get access to their bank accounts using state consumer protection laws and a federal statute called EFTA (the Electronic Funds Transfer Act). How to protect your personal information and privacy, stay safe online, and help your kids do the same. It certainly feels devastating to face financial losses such asdamage to your creditscore or loss of money. Insurance companies truly know that they will take it to 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. For instance, a parent or guardian who already has the childs information in their possession may use it to take out loans or open credit card accounts. You can even buy information about specific people so that you can assemble enough to secure a fake ID or open an account or convince AT&T to port your SIM card to a new phone. You are responsible for notifying the bank if your checkbook is lost or stolen. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes. If the court rules against you and orders you to pay the debt, the debt collector may be able to garnish or take money from your wages or bank account, or put a lien on property, like your home. Thus, it may be in a persons best interest to contact an attorney for advice regarding identity theft lawsuits. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. Today identity thieves share their information on the dark web. Find out how to hold banks responsible for allowing identity theft. They can include any monies wrongfully taken from you, interest and other financial losses. If a bank is the victim the wrongdoer can get up to 30 years in prison. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. The good news is that you, as a consumer, are protected by federal and state laws against losses from identity theft. Our process is fast and easy. They can do this by hiring a private attorney and having them assemble their case. Sadly, many companies do not report data breach cases. Tex. As is evident from the above discussion, recovering from identity theft is a very complex process. They didnt steal it but may a legal responsibility to keep that data safe. 1029), computer fraud (18 U.S.C. 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. Ask for a copy of the police report. What Is the Bank's Liability If There Is Identity Theft? She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. LEXIS 25562 (M.D. 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. DoNotPay will then generate a demand letter or court filing forms for you. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Several states have established their own identity theft laws making it easier for victims to sue. Law, Government Every state has laws that cover identity theft, impersonation, and fraud. They fought harder then I had intercepted. Note:an ounce of prevention can go far. 1344). 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. People stealing your identity can be sent to prison but that rarely helps the victim. Asset Protection Blog (Jeff Andrews Esq.). In the business theft cases we often see, the culprit is known to us. As a victim of identity theft, you may be able to sue the perpetrator in civil court. Step Four:Report the identity theft to law enforcement officials. It is important to contact an attorney to discuss options that may be available to you if the police cannot be of assistance. (No job, no money for restitution.). 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. 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. Punishment for any related crimes (e.g., mail or credit card fraud); and. How to deal with identity theft using DoNotPay: And that's it! The bank will be responsible for covering any losses you might suffer from successful impersonation. Your situation may lead to federal charges if the offenders conduct crossed state lines, occurred on federal property, or violated a specific federal statute. Forfeiture of any personal property used to commit or that were gained from the crime. Injured by a Defective Angiographic Catheter? Angie Mohr is a syndicated finance columnist who has been writing professionally since 1987. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. Weve won over $15 Billion for our clients in cases of all types. Always go directly to the company's website rather than clicking on links in the emails. You can consider joining aclass actionlawsuit if numerous users of an app or company had a data breach. LegalMatch Call You Recently? 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. The duty they owe is even greater if the bank improperly allows money to be withdrawn from a victims account. Contact us today & reclaim your financial future. Those are best handled in a class action. Report the identity theft to each creditor, even if that account has not been affected. If the prosecutor presses charges, the defendant will be tried and punished in criminal court. 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. If you have had your identity stolen, contact an identity theft attorney as soon as possible. File Report with the Federal Trade Commission (FTC). (6)A civil penalty, in addition to any other damages, of up to thirty thousand dollars ($30,000) if the victim establishes by clear and convincing evidence all of the following: (A)That at least 30 days prior to filing an action or within the cross-complaint pursuant to this section, he or she provided written notice to the claimant at the address designated by the claimant for complaints related to credit reporting issues that a situation of identity theft might exist and explaining the basis for that belief. It's easier than ever for thieves to impersonate you and use your credit card. 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. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. The who with deep pockets are typically anyone who had possession of the information. If the person is caught and prosecuted big ifs, a court could order restitution. 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? Getting sued can be stressful, and many people dont know where to start. Injunctive relief is often critical in identity theft cases. 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. Anxiety goes from a 10 to 0! LifeLock Review: Is It Legitimate and Safe to Use? Contact us today & reclaim your financial future. First, contact an experienced identity theft attorney to learn more about your legal rights and options. For more information, contact attorney Brian Mahany online, by email document.getElementById("eeb-845689-425495").innerHTML = eval(decodeURIComponent("%27%62%72%69%61%6e%40%6d%61%68%61%6e%79%6c%61%77%2e%63%6f%6d%27"))*protected email* or directly 414-704-6731. You will need an experienced attorney that understands state and federal identity theft laws. When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. A credit report can help identify irregularities that could indicate this form of identity theft. Credit cards are breached most frequently because criminals dont need the physical card anymore. 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 put fraud alerts, freeze or close your accounts, or take other measures to help restore and/or protect your finances. If you lost $5 million or more in a sophisticated identity theft, we can help. If you believe you have been the victim of identity theft, the first step is to file a report with the police. A small, boutique firm with one mission: fighting for consumers' rights. She allegedly accessed sensitive data belonging to 106,000,000 Capital One credit card applicants and users. Identity theft has become all too common. If your case is successful, you may be able to recover compensation for your financial losses, restore your reputation, and reestablish your credit score. It can be difficult to navigate your world in the wake of an identity theft crisis. Using the victims information to obtain drugs or medical treatment, Merchants who processed credit transactions, Credit bureaus (TransUnion, Equifax, and Experian), Employers (if your employer was responsible for the identity theft or data breach). Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings against 3rd party entities. This needs to be done as soon as possible to limit any losses. Copyright 2023 U.S. News & World Report L.P. Whether they have opened credit cards in your name, stolen your stimulus check, illegally accessed your bank accounts, or filed for unemployment in your name, it is considered a form of identity theft. That can include a court order declaring that are not legally responsible for debts created in your or your business name. 3 attorney answers Posted on Jun 1, 2015 You can always sue. Federal Trade Commission (FTC) has steps you can take, Find Personal Injury Lawyers in Your Area. Our specialists will walk you through your case and collect all the right information to win your case. Let us work hard for you. Bankrate.com: 12 Steps for Victims of Identity Fraud, FDIC: Consumer Protection Topics - Cybersecurity. Change direct deposits that are linked to your compromised accounts. Can Victims of a Mass Shooting Sue the Government? Criminal Statutes Dealing with Identity Theft. In most states, you incur no liability for accounts opened in your name. Depending on the specifics of your case, the amount you can sue for, and potentially receive, will vary. Copyright 1999-2023 LegalMatch. These entities include: Banks Credit Card Companies Credit Bureaus Merchants who process credit card transactions Government agencies Employers, and Identity theft can be scary and stressful. This can lead to them posting personal information online where anyone can view it, having poor or no security protections on accounts, or they may refrain from using technology altogether and instead choose less safe options like sending checks through the mail. Identity Cloning:Identity cloning refers to all forms of identity theft in one; the thief literally takes over the other individuals identity, in every aspect of their life. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Banks are responsible for ensuring that anyone applying for credit has proper ID that can be verified. A similar lawsuit was filed against Wells Fargo in the U.S. District Court for the Southern District of Texas. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. 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. A year later your identity is stolen and your bank accounts drained. You may never know who committed the fraud using your personal information. Under most state laws, the bank is responsible for covering any losses from impersonation. Thank you. Contact us. This will allow you to discuss what your rights are, identify the parties you could sue, what you could recover, and whether you have a supportable case. These include fraud, negligence, breach of fiduciary duty, invasion of privacy, intentional infliction of emotional distress, and conversion (use of victims information without permission). Updated your passwords, and make sure that each password is a complex mix of numbers, letters, and symbols. Identity theft is a crime. The list of permutations is endless. You need to notify the institution of the fraudulent transactions so that it can open an investigation. They just need the card number to start ordering online. Criminal Identity Theft:In some instances, an individual committing a criminal act will identify themselves as another person, typically with the use of fraudulent identification. If the offender is caught, it remains up to the prosecutor to decide whether or not to file charges. For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories and civil procedures. DoNotPay will make sure your issue gets sent to the right place. Identity thieves can get the childs information by asking them for it in person, messaging them online, or by having access to them. The reason for this is because they are better candidates for imposter purposes. The second step is to inform any bank or credit card that was impacted by the fraud. A demand letter is a formal business letter that sets forth the facts of your dispute and what you want the bank to do to resolve the situation. 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. Children are a major target of identity theft. Change direct deposits that are linked to your compromised accounts. They will also provide a personalized recovery plan with tools to help you move forward. Immediately, you can breathe. 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. are ready to help you sue for unresolved errors on your TransUnion credit report. On the site, you can report and put together a plan to recover from identity theft. 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. Tell us about your situation so we can get started fighting for you. Thank you so much Morgan & Morgan! Copyright 2022, Thomson Reuters. In the meantime, it may make obtaining new credit more difficult for you and cause trouble for weeks or even months. No liability is incurred by you, on accounts opened in your name. But there are options to get legal help, including, Debt collectors must follow the law when contacting you about a debt. Sometimes, whistleblowers have information yet no rewards are possible. If you have a bank account and at the same time you owe funds to the same bank, they can automatically deduct the debt. An attorney also will be helpful in dealing with creditors who believe you owe them money and collection agencies. According to the Federal Trade Commission, identity theft is on the rise. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. Merchants who process credit card transactions. It also means its more important than ever for you to know whether you can file suit after being the victim of identity theft yourself. They just need the card number to start ordering online. Office of Consumer Affairs. ), a . Trying to build a case independently could have complications that could harm the outcome of your case. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. Identity theft refers to crimes in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception. Entities that can be held liable for identity theft include the major credit bureaus (Equifax, TransUnion, and Experian), credit institutions, and banks. & 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. You will need to prove you were the victim of identity theft to avoid these charges and to ensure your credit report and score are accurate. to commit financial fraud for their own gain. According to Chase, your bank's mobile app can help keep you safe when shopping, with features such as mobile alerts and the ability to lock and unlock your debit card. 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. Youve probably heard: this holiday season, it might be harder to find the gifts youre looking for. 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.]. We have seen cases where hundreds of thousands of dollars and more were taken in a single fraudulent wire or forged check. The fourth step is to contact an experienced attorney to help you understand your rights and legal options. Kept me informed every step of the way about my case. The purpose of punitive damages is to punish the wrongdoer and deter future bad conduct. The bank needs to verify any address changes when requested to send checks to a different address. State and federal laws are in place to protect consumers with a protocol that banks as well as consumers must follow. The Federal Trade Commission (FTC) supplies an Identity Theft Affidavit, which can be used to report new, unauthorized accounts opened with your stolen information. This post began with the question, How do I sue for identity theft? This typically includes: There are multiple ways to sue for identity theft. Consider contacting a firm that handles class action suits because your damages may be small but this behavior may be outrageous. If your state does not have one, there may be a number of other theories of liability under which you can sue. Jumbo Privacy Review: Is It Legit? Even if you dont think you owe that debt. 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.