Consumer level cases are a different story. This can be particularly important if the perpetrator involved themselves with your real property. You will also want to file a police report to get the incident on record. If your bank contributed to the identity theft, you may potentially sue. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. You can consider joining aclass actionlawsuit if numerous users of an app or company had a data breach. Looking for alternatives for your holiday shopping? I wish I didnt have to hire an attorney but my family and I were blessed. 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. 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. 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. This site is protected by 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. Our Personal Injury LawyersHave Over 28,0005-Star Reviews. The second step is to inform any bank or credit card that was impacted by the fraud. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. You can tell the company to give the documents to a specifi c law en- We will get you started immediately. Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. The papers that say the debt collector is suing you will tell you what to do. 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. 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. We only get paid if we win. You can sue the thief, as they are the ones responsible for your harm. 2023 Fair Credit, LLC, All Rights Reserved. Search "identity theft" on DoNotPay and select the type of incident you would like to report. Credit cards are breached most frequently because criminals dont need the physical card anymore. 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. Any other business that had possession of and may be responsible for the stolen information. Entities that can be held liable for identity theft include the major credit bureaus (Equifax, TransUnion, and Experian), credit institutions, and banks. Identity theft is a crime under federal law, and most states also have laws making it illegal. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. The questions, though, are whether you can win such a suit and what you would get by winning. 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). Third, you should improve your online protections. 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. The attorneys at Morgan & Morgan have experience navigating identity theft cases and work tirelessly to hold identity thieves and other parties accountable for their actions. Trying to build a case independently could have complications that could harm the outcome of your case. It may be possible to sue a credit bureau or business that disclosed your credit information. Other federal identity theft laws include identification fraud (18 U.S.C. Sadly, many companies do not report data breach cases. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. Ask for a copy of the police report. Several states have established their own identity theft laws making it easier for victims to sue. Under most state laws, the bank is responsible for covering any losses from impersonation. You can also report identity theft to the police or through the Federal Trade Commission website on identity theft or by calling 1-877-ID-THEFT (438-4338). 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. 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. In what may be a first in Florida, a bank can be held liable for the failure to stop elder abuse arising from the draining of a senior's bank account by an abuser. Get your free case review now or call us toll-free at 1-877-735-8600 today. 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 Security Problems Come With Using Credit Cards?, What Is a CV Number and Where Is It Located on My Credit Card?. Heres what you need to know about these calls. Step Three:Contact your bank or financial institution. Terms of Service apply. What Damages Are Available in Mass Torts? 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. If the offender is caught, it remains up to the prosecutor to decide whether or not to file charges. Several methods of attaining consumers personal information have been discovered. Under California Civil Code section 1798.93: "A person who proves that he or she is a victim of identity theft shall be entitled to a judgment providing all of the following, as appropriate: (1) A declaration that he or she is not obligated to the claimant on that claim. What to do about unwanted calls, emails, and text messages that can be annoying, might be illegal, and are probably scams. Our process is fast and easy. Company liquidation. It is often a minority shareholder or partner who steals money or trade secrets in order to steal the business. Aside from recovering identity theft compensation (i.e., court ordered damages), a victim will also have certain rights under the Fair Credit Reporting Act (FCRA), such as stopping creditors and debt collectors from reporting fraudulent accounts, getting extended fraud alert protection on credit reports, and requesting that fraudulent information be removed from credit reports. Identity theft is a federal crime and in some cases also a state crime. Anxiety goes from a 10 to 0! 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. 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. Preventing identity theft is the best way to avoid all this, and regularly reviewing your credit reports (at the very least annually) will help. 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). Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. Ordering a copy of your credit report for review is therefore an important step to close vulnerabilities. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . Learn about getting and using credit, borrowing money, and managing debt. You dont pay until we win. It's easier than ever for thieves to impersonate you and use your credit card. This needs to be done as soon as possible to limit any losses. Law, Immigration What's the Penalty for Using a Stolen Credit Card? If a debt collector files a lawsuit against you to collect a debt, its important to respond either yourself or through an attorney. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. Sometimes. She is the author of the bestselling "Numbers 101 for Small Business" books and "Piggy Banks to Paychecks: Helping Kids Understand the Value of a Dollar." is a common question among those who have unfortunately been the victim of this fraud. From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. Cetergy, Inc.: 1-800-437-5120 International Check Services: 1-800-631-9656 Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. You have options for who to sue based on your case: There are various legal theories that may apply in an identity theft case. Scherer v. Wells Fargo. Why Courts Seal False Claims Act Lawsuits. They can do this by hiring a private attorney and having them assemble their case. If you feel overwhelmed about where to start, DoNotPay can help walk you through the process. We only get paid if we win. Several methods of attaining consumers personal information have been discovered. 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. Using information to obtain false identification. 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. Juvenile Court Proceedings: How It Differs from Adult Court. Ask the credit bureaus to place a "fraud alert" on every open account. The reason for this is because they are better candidates for imposter purposes. Thus, any fines the defendant is ordered to pay will go directly to the federal or state government. As a victim of identity theft, you may be able to sue the perpetrator in civil court. 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. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. (B)That the claimant failed to diligently investigate the victims notification of a possible identity theft. Business of Commercial Identity Theft:This occurs when an individual, usually a current or ex-employee, uses a businesss name to obtain credit. We have helped over 300,000 people with their problems. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. This includes: In addition, it may be useful to consider getting a lawyer for identity theft issues. 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. They just need the card number to start ordering online. The purpose of punitive damages is to punish the wrongdoer and deter future bad conduct. This complexity can lead to more significant financial losses and make it more difficult for the victim to recover. Whatever you do, dont ignore the lawsuit. All rights reserved. They didnt steal it but may a legal responsibility to keep that data safe. LEXIS 25562 (M.D. If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court. Thank you so much Morgan & Morgan! 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. The second step is to inform any bank or credit card that was impacted by the fraud. 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. They were caring and concerned about my case. First, contact an experienced identity theft attorney to learn more about your legal rights and options. Then, put a fraud alert on your credit and freeze your credit accounts if you are able to do so. 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. 20 North Orange Ave, Suite 1600, Orlando, FL 32801, This site is designed to be accessible to and usable by people with and without disabilities. 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.]. 1029), computer fraud (18 U.S.C. If the criminal case is unsuccessful or the victim requires compensation for the crime, they may bring a case in civil court based on a tort law theory. 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. Its the right thing to do. All inquiries kept completely confidential. 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. 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. For example, California enacted a law to protect victims who now find themselves with debts or bills that someone took out in their name. 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. In cases where the actual thief cannot be identified or located, you may be able to file suit against another party. Get Your FREE Case Review Both state and federal laws prescribe rules regulating the relationship between a bank and its clients. If your company is in liquidation, and if the business is viable, the bank account may be frozen. The point is that in the large data breach cases, you might not suffer a loss for years. Services Law, Real If someone opens a bank account at any financial institution in your name without your authorization, you may not know about it unless it appears on your credit report, which usually only happens if the thief writes fraudulent checks without the money in the account to cover it. Many small claims courts require you to make an effort to resolve your dispute before you file a lawsuit in court. Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. Law, Insurance However, you may have the option to file a civil lawsuit against the offender. You may wonder if you're entitled to pursue a civil lawsuit against the offender(s). Maybe the hack of Uber didnt get your social security number but one of the other hacks did. It is the bank's responsibility to ensure that all checks bear your true signature. Having youridentity stolencan be very difficult, especially since you may not discover it until much later on. Legality and Usage of Asbestos in the U.S. 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. Medical Identity Theft:By using another persons name and insurance information, an identity thief can fraudulently receive medical care and services, including prescription drugs and other medical instrumentations. from Fordham University, majoring in both Journalism and the Classics (Latin). You can find out if you qualify immediately. However, organizations like banks, credit bureaus, and other businesses may have played a part in the crime. Law, Products If the person is caught and prosecuted big ifs, a court could order restitution. Consulting a knowledgeable identity theft attorney would help you explore strategies for winning financial compensation. Typical examples include: Not only can the victim lose his or her life savings, their credit can be ruined and sometimes if the identity thief is successful in obtaining a phony ID, the victim could find a bench warrant in his name for a crime he never committed. 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. It allows you to place freezes on your credit report, which may help prevent further damage. Please. to commit financial fraud for their own gain. 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. Office of Consumer Affairs. Property Law, Personal Injury Never stepped a foot into a courtroom. Protect your financial information and only use it on trusted websites. You are responsible for notifying the bank if your checkbook is lost or stolen. Is Experian IdentityWorks Legit or a Scam? (This may not be the same place you live). If you lost $5 million or more in a sophisticated identity theft, we can help. 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. 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. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. Stay up-to-date with how the law affects your life. They will also provide a personalized recovery plan with tools to help you move forward. Merchants who process credit card transactions. 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.. On the site, you can report and put together a plan to recover from identity theft. The debt collector can also ask the court to award them additional money for collection costs, interest, and even attorneys fees. A federal law known as Gramm-Leach-Bliley Act (GBLA) regulates how banks may handle consumer information. Step Two:Contact the fraud department of each of your creditors. We know the thief can always be sued but that is only if he or she is caught, convicted and has money. The amount that can be claimed will vary depending on the facts of that case. A defendant who is convicted of identity theft may receive any of the following penalties: Imprisonment; Fines; Probation; Restitution; Conversion; Punishment for any related crimes (e.g., mail or credit card fraud); and. However, in some cases, the victim may be able to request restitution. 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. DoNotPay will then generate a demand letter or court filing forms for you. Banks are often victims as well but that doesnt mean they cant be held liable for your losses. If a hacker gains access to it and uses it to purchase things, then this would be considered an act of identity theft. 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. How to deal with identity theft using DoNotPay: And that's it! Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. 1343), or financial institution fraud (18 U.S.C. Your creditor may ask to see a copy of the report to remove the fraudulent debts. Account Takeover Fraud:In these cases, an individual uses another persons existing personal and financial information for their own gain. An experienced attorney can help you restore any legal and personal records that were altered due to the fraud. Your state's attorney general's office regulates fraudulent accounts. & Although your financial liability for identity theft may be limited, the best course of action is to prevent it in the first place. 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. 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. Althoughidentity theftcan occur without using the internet, it does make this crime easier to commit. If the person does not know the person or law enforcement cannot find them, then there may be other avenues for a victim to pursue for legal action. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. A defendant who is convicted of identity theft may receive any of the following penalties: There are several ways that a victim of identity theft can report the incident. I needed them 3 TIMES! Violators can be sent to prison for up to 15 years. The site is secure. 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. DoNotPay brings peace of mind when reporting and suing for identity theft, because you have expertise and experience behind you. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. A bank's liability for identity theft also extends to online banking identity theft. If you feel your rights under the FCRA have been violated by TransUnion, call 1-877-735-8600 to speak to our legal team. As you can see from the above examples, the internet has provided criminals with many more opportunities than they had before the technology existed. LegalMatch Call You Recently? However, it can be difficult to find them and their personal information. See what they have to say. The bank is responsible for validating your true signature on all checks. State laws protect you for all losses in the event your checkbook is used without your knowledge. With many of us using online banking, identity theft is a real risk. Immediately, you can breathe. You need to notify the institution of the fraudulent transactions so that it can open an investigation. You went to these stores while traveling by using Uber. 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. We also help business owners who lost their company because of the illegal activity of others. People with inside information about data breaches may be eligible for large cash whistleblower rewards. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits. Report any problems you have with a debt collector to. They will also know which parties to sue and which ones may not be worth the time and costs. 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). ), February 3, 2022 By Tim Granitz, Managing Partner at Mahany Law, Whistleblowers alerting the government to alleged fraudulent conduct by the Ohio-based drug distributor, Cardinal Health, Read More, The Reigning King of Qui Tam (whistleblower) Actions in the United States, Covert Ops in the War Against the C-Suite Mafia, Active Defective Product and Dangerous Drug Investigations, Tim Granitz, Managing Partner at Mahany Law, Identity Theft and Assumption Deterrence Act, Ohio-Based Cardinal Health Inc. 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