Tell us about your situation so we can get started fighting for you. Submit your case to start resolving your legal issue. 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. (Dont see what you are looking for? And the best news is that you can report and remain anonymous. The first is by taking advantage of their lack of knowledge about technology. 2023 Fair Credit, LLC, All Rights Reserved. First, contact an experienced identity theft attorney to learn more about your legal rights and options. The amount that can be claimed will vary depending on the facts of that case. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. This site is protected by Thank you. You will need an experienced attorney that understands state and federal identity theft laws. 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. Banks are often victims as well but that doesnt mean they cant be held liable for your losses. 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. Unfortunately, some of the great advancements in technology we have enjoyed over the past four decades, have been abused for malicious purposes. 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. Asset Protection Blog (Jeff Andrews Esq.). Consulting a knowledgeable identity theft attorney would help you explore strategies for winning financial compensation. Ask the credit bureaus to place a "fraud alert" on every open account. Preventing identity theft is the best way to avoid all this, and regularly reviewing your credit reports (at the very least annually) will help. 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. Youve probably heard: this holiday season, it might be harder to find the gifts youre looking for. If you feel your rights under the FCRA have been violated by TransUnion, call 1-877-735-8600 to speak to our legal team. Morgan and Morgan is truly the best law firm! That might mean writing a response and showing up to court, by any deadline listed in the court papers, regardless of whether you think you owe the debt or not. 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. 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. The bank needs to verify any address changes when requested to send checks to a different address. Hundreds of millions of records were taken. 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. People stealing your identity can be sent to prison but that rarely helps the victim. In many identity theft cases it isnt even possible to figure out who hacked an account or breached a merchants database. If your bank contributed to the identity theft, you may potentially sue. is a common question among those who have unfortunately been the victim of this fraud. Because you are a victim of identity theft, they should be provided free of charge. Trying to build a case independently could have complications that could harm the outcome of your case. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. Identity theft is a federal crime and in some cases also a state crime. According to the Federal Trade Commission, identity theft is on the rise. Any other business that had possession of and may be responsible for the stolen information. This possibility emphasizes the importance of ordering a copy of your credit report at least annually and reviewing every item on it. Otherwise, you could end up with a criminal history, fraudulent tax records, and a poor credit score all because a thief decided to steal your identity. Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. If your company is in liquidation, and if the business is viable, the bank account may be frozen. Get your free case review now or call us toll-free at 1-877-735-8600 today. 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. However, in most cases, the offenders conduct will lead to state criminal charges. Violators can be sent to prison for up to 15 years. Some states have passed laws creating a cause of action specifically based on identity theft. The Federal Trade Commission (FTC) supplies an Identity Theft Affidavit, which can be used to report new, unauthorized accounts opened with your stolen information. What Is the Bank's Liability If There Is Identity Theft? You can potentially sue companies like banks or credit card companies, if it can be shown that they owed a duty of care to you (the victim). Trying to build a case independently could have complications that could harm the outcome of your case. Filing a report with a local police department; Alerting their banks, credit card companies, and other financial or government institutions; Requesting financial or other affected accounts be cancelled or closed; and. They will also know which parties to sue and which ones may not be worth the time and costs. Liability will depend on the relevant federal and state laws, how much of your personal information was exposed, and other facts of the case. A small, boutique firm with one mission: fighting for consumers' rights. The bank is responsible for validating your true signature on all checks. The reason for this is because they are better candidates for imposter purposes. This can include the use of existing credit cards or withdrawals from established bank accounts. Possible theories that a victim of identity theft could sue under include: TheFederal Trade Commission (FTC) has steps you can takeafter identity fraud. Ideally, you would like to bring a lawsuit against the individual who stole your identity; however, these thieves are usually difficult to find. After that, you should consider if a consumer protection attorney can help you pursue a case. Kept me informed every step of the way about my case. Many times, sophisticated criminals will target a specific business. Credit Cards FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Law, Immigration Getting sued can be stressful, and many people dont know where to start. Why Your Website's Terms and Conditions Matter. Our attorneys may be able to help to recover financial losses and remedy other injuries you have suffered as a result. 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. are ready to help you sue for unresolved errors on your TransUnion credit report. Use two-factor authentication whenever possible. Ordering a copy of your credit report for review is therefore an important step to close vulnerabilities. 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. These parties include: Depending on state laws and the circumstances of the case, a person may be able to sue any of these parties based on the following legal theories: Identity theft is a federal crime and in some cases also a state crime. You may wonder if you're entitled to pursue a civil lawsuit against the offender(s). Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. If your checkbook is stolen or someone has ordered checks on your account without your knowledge, you are protected under most state laws for everything except a minor loss. As is evident from the above discussion, recovering from identity theft is a very complex process. Children are a major target of identity theft. Banks typically cover all losses against identity theft; but what happens if they dont? This is difficult to detect and can become very costly. The company should be able to: It is also important to check your credit report to look for any other suspicious activity. As you can see from the above examples, the internet has provided criminals with many more opportunities than they had before the technology existed. Services Law, Real This law created a new offense of identity theft, which prohibits knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law. 18 U.S.C. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. 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. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings against 3rd party entities. In this post we will answer the question, How do I sue for identity theft?. If a debt collector breaks the law, you have one year from that date to sue that collector in a state or federal court. Good luck! 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. Change direct deposits that are linked to your compromised accounts. How to deal with identity theft using DoNotPay: And that's it! A federal law known as Gramm-Leach-Bliley Act (GBLA) regulates how banks may handle consumer information. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. Most importantly, don't let your credit cards or checks out of your sight. If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court. about FindLaws newsletters, including our terms of use and privacy policy. 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. The second way that thieves obtain information for elderly persons is through theft by deception. Identity Theft.gov The federal government's 1-stop resource for victims. Sit back and relax while we do the work. Keep a written record of every conversation you have with the fraud departments. 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. Change direct deposits that are linked to your compromised accounts. It certainly feels devastating to face financial losses such asdamage to your creditscore or loss of money. In fact, the case can go ahead without you. Meeting with a lawyer can help you understand your options and how to best protect your rights. You are responsible for notifying the bank if your checkbook is lost or stolen. Lets say the company that was hacked is a large private hospital not owned by a public company. 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. Does It Store My Password? The bank is also responsible for verifying any address change that would allow a thief to order checks sent to a different address. The Lyon Firm is actively involved in class action personal privacy and data theft cases and is currently investigating Hatch Bank data breach claims for plaintiffs nationwide.. LegalMatch Call You Recently? All of the above companies have admitted to being the victims of large scale data breaches. Whether or not you can file a civil lawsuit against the perpetrator, you should still speak with a consumer protection lawyer. This is difficult to detect and can become very costly. I would recommend Morgan & Morgan to anyone because THEY CARE! An Illinois district court has allowed a couple to sue their bank on the novel grounds that . So, many of us might be looking for alternatives, like buying gifts locally or maybe from online marketplaces or sites you find through your social media accounts, online ads, or by searching Youve opened all your gifts, and now its time to open those post-holiday credit card statements. See what they have to say. Tell us more about the incident that occurred, including the location, date, time, financial loss, and any suspect information you may have. (B)That the claimant failed to diligently investigate the victims notification of a possible identity theft. Your 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. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. Reporting the incident to the Federal Trade Commission (FTC). 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. It's easier than ever for thieves to impersonate you and use your credit card. Can You Sue a Bank for Allowing Identity Theft? (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. Zander vs LifeLock: What's the Difference? Of course, the restitution order only works if the person convicted is able to get a decent job. No liability is incurred by you, on accounts opened in your name. What Are Some Examples of Online Impersonation Cases? 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. If a hacker gains access to it and uses it to purchase things, then this would be considered an act of identity theft. Identity theft has become all too common. The message says theres something wrong with Its Cyber Security Awareness month, so the tricks scammers use to steal our personal information are on our minds. Contact information for the three major credit bureaus: EquifaxP.O. It is almost always done for economic gain. If you suffered anxiety you may be able to get compensation as well. What's the Penalty for Using a Stolen Credit Card? Thank you so much Morgan & Morgan! The next step is to file a report with your local police department . Several methods of attaining consumers personal information have been discovered. To learn more about your legal options and how our identity theft attorneys may be able to help you, please complete ourcase evaluation form, at no cost or obligation to you. Typically, someone else will use your personal information to fraudulently obtain money, goods, or services. In cases where the actual thief cannot be identified or located, you may be able to file suit against another party. 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. In the meantime, it may make obtaining new credit more difficult for you and cause trouble for weeks or even months. Ask the creditors to contact you before they open new accounts or change current ones. All rights reserved. The fraudulent information must be removed from the credit report and an extended fraud alert protection must be assigned to the victims portfolio. By responding to the lawsuit, either yourself or through an attorney, you can make sure the collector has to prove that you owe the debt, that the amount of the debt is correct, and the debt collector has the legal right to sue you to collect on it.