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. 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. With the convenience of technology comes new risks as well. . When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. LegalMatch, Market She is broke and in jail. 4. Follow up in writing. Contact us today & reclaim your financial future. Merchants who process credit card transactions. Her role entails writing legal articles for the law library division, located on the LegalMatch website. If theres one constant among scammers, its that theyre always coming up with new schemes, like the Google Voice verification scam. Copyright 2023 U.S. News & World Report L.P. Step Four:Report the identity theft to law enforcement officials. You are responsible for notifying the bank if your checkbook is lost or stolen. This is difficult to detect and can become very costly. A stolen credit card number or security breach does not have to be reported to the FTC. 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. Learn about the cyber security threats, scams and data breaches that put your identity and finances at . If the company is a government contractor and the hacked data potentially includes government data, there are rewards available under the False Claims Act. Box 740241 Atlanta, GA 30374-0241 To order your report: 1-800-685-111 To report fraud: 1-800-525-6285 TDD: 1-800-255-0056www.equifax.com, TransUnionFraud Victim Assistance P.O. Depending on the specifics of your case, the amount you can sue for, and potentially receive, will vary. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. We only get paid if we win. Good luck! 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? I needed them 3 TIMES! The fraudulent information must be removed from the credit report and an extended fraud alert protection must be assigned to the victims portfolio. [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. For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories and civil procedures. Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. How to deal with identity theft using DoNotPay: And that's it! This is difficult to detect and can become very costly. Typically, these parties are those who had access to your social security number, credit card number and other personal information, and may include the following: The type of liability will vary between parties, depending on the particular facts regarding the relationship between theidentity theftand the defending party. In 2017, there were 16.7 million victims of identity fraud, according to Javelin Strategy & Researchs report 2018 Identity Fraud: Fraud Enter a New Era of Complexity. The research organization noted that not only is this a record high, but fraud schemes often target one person across several organizations. Legality and Usage of Asbestos in the U.S. The bank is also responsible for verifying any address change that would allow a thief to order checks sent to a different address. Hundreds of millions of records were taken. These are often a customer's first alert that an identity thief has had their hands in your bank account, credit cards, or other financial institutions. If the person is caught and prosecuted big ifs, a court could order restitution. Merchants who process credit card transactions; Most likely any other business that had possession of and may be responsible for the stolen information. Any other business that had possession of and may be responsible for the stolen information. There are a number of state and federal laws that make identity theft a crime. Note:an ounce of prevention can go far. Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. When you have filed all the reports, and are successful at having the perpetrator found guilty, you may have a claim to sue them. Liability will depend on the relevant Federal and State laws, how much of your personal information was exposed, and other facts of the case. It allows you to place freezes on your credit report, which may help prevent further damage. However, you are responsible for notifying the bank immediately if you have lost your checkbook or it has been stolen. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. You may even be able to resolve the debt by responding or showing up in court because some collectors would rather settle than go through extended litigation. 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). 3 attorney answers Posted on Jun 1, 2015 You can always sue. Experian ProtectMYID Reviews: Is It the Best Option for You? You can use DoNotPay's Sue Nowservice to assist you in this process as well! Many times, sophisticated criminals will target a specific business. Contact the fraud department for each of your credit accounts, including credit card providers, cable, cell phone, and other utility providers. This can be particularly important if the perpetrator involved themselves with your real property. Victims of identity theft are afforded several types of damages when initiating a civil claim. Here are the main steps to take if you get sued by a debt collector: Ignoring the legal notices and papers wont make the lawsuit go away. If the prosecutor presses charges, the defendant will be tried and punished in criminal court. In a situation where the victim does not know the thief and law enforcement cannot locate them, it may be possible to go after some of the parties listed in the above section for who can be held liable. Each agency and financial institution may have a different procedure to follow in order to bring a lawsuit. It can take a significant amount of time to remove the reports of fraudulently obtained credit from your credit bureau report. An Illinois district court has allowed a couple to sue their bank on the novel grounds that . A small, boutique firm with one mission: fighting for consumers' rights. You can check your state's laws by reviewing your state's consumer protection agency's website. Sometimes, whistleblowers have information yet no rewards are possible. You are responsible for notifying the bank if your checkbook is lost or stolen. 2023 Fair Credit, LLC, All Rights Reserved. This post began with the question, How do I sue for identity theft? 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. Juvenile Court Proceedings: How It Differs from Adult Court. Credit Cards We know the thief can always be sued but that is only if he or she is caught, convicted and has money. Its the right thing to do. Change direct deposits that are linked to your compromised accounts. What's the Penalty for Using a Stolen Credit Card? In Ginder v. Bank of America, 2015 U.S. Dist. Most importantly, don't let your credit cards or checks out of your sight. Why Your Website's Terms and Conditions Matter. Protect your financial information and only use it on trusted websites. Of course, the restitution order only works if the person convicted is able to get a decent job. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. The bank is responsible for validating your true signature on all checks. Bankrate.com: 12 Steps for Victims of Identity Fraud, FDIC: Consumer Protection Topics - Cybersecurity. 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). The good news is that you, as a consumer, are protected by federal and state laws against losses from identity theft. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. Suing her is meaningless. You don't have to spend hours researching identity theft or trying to fill out forms correctly. Make smart shopping decisions, know your rights, and solve problems when you shop or donate to charity. First, contact an experienced identity theft attorney to learn more about your legal rights and options. Punitive damages are a available in some states but often not against the bank or business who facilitated the theft. This complexity can lead to more significant financial losses and make it more difficult for the victim to recover. This needs to be done as soon as possible to limit any losses. Why Courts Seal False Claims Act Lawsuits. Withdrawals from the victims bank accounts, Fraudulently accessing online accounts, or. Law, Government Look no further than Paige Thompson, the person arrested in the Capital One data breach during the summer of 2019. Sit back and relax while we do the work. Identity theft has become all too common. 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. Your attorney generals office can help you figure out your rights under your states law. Little or none of that would be acceptable in a court of law. The most important thing is to respond. If you are warned that your personal information or credit card numbers have been leaked or sold (apps like CreditWise offer alerts of this nature) you should freeze your credit line or start carefully watching your credit card transactions and emails. 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 several theories of liability that victims of identity theft can utilize to seek compensation for their losses, including breach of fiduciary duty and negligence. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. Services Law, Real A year later your identity is stolen and your bank accounts drained. File a report with the law enforcement agency holding jurisdiction over the area where the identity theft took place and be sure to get a case number for the file. Also, some states require offenders convicted of identity theft to pay restitution, and this order for restitution may be treated like a civil judgement. 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. Identity theft is a form of fraud that happens when an individual uses someone else's personal information (name, social security number, credit card number, etc.) If your credit card information has been stolen, it is important to contact your credit card company immediately. 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. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. Several methods of attaining consumers personal information have been discovered. Unfortunately, some of the great advancements in technology we have enjoyed over the past four decades, have been abused for malicious purposes. Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. As noted above, all inquiries are protected by the attorney client privilege and kept confidential. 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). 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. We have helped over 300,000 people with their problems. Insurance companies truly know that they will take it to court! Prompt reporting of a breach not only is right, its the law. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. You may never know who committed the fraud using your personal information. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. Every state has laws that cover identity theft, impersonation, and fraud. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. You'll simply click on the . Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. These can include credit card accounts, bank accounts, utility accounts, and cell phone accounts. 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. Be Informed About How Much Can You Sue for Identity Theft. Hiring a private attorney and having them assemble your case will allow you to navigate parts of the case that could be difficult on your own. & An experienced attorney can help you restore any legal and personal records that were altered due to the fraud. Fired for Blowing the Whistle on Fraud or Illegal Conduct? Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. Contact us. Our specialized attorneys will handle every step of your case from start to finish. If a hacker gains access to it and uses it to purchase things, then this would be considered an act of identity theft. Sadly, many companies do not report data breach cases. information from identity theft and failed to maintain state-of-the-art security standards . 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). Ask the credit bureaus to place a "fraud alert" on every open account. 2023 Fair Credit, LLC, All Rights Reserved. (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. Suing an individual requires that you have identified and pressed charges against the perpetrator and that they are convicted. Several states have established their own identity theft laws making it easier for victims to sue. They were caring and concerned about my case. How Do I Sue for Identity Theft? (No job, no money for restitution.). Law, Insurance Federal government websites often end in .gov or .mil. 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. Oftentimes, elderly persons will not know how to use technology or understand how it works. your case, Georgia Possession of Tools for the Commission of Crime Lawyers, Georgia Felony Theft by Bringing Stolen Property into State Lawyers, Georgia Misdemeanor Theft by Shoplifting Lawyers, Georgia Second Offense Misdemeanor Theft by Shoplifting Lawyers, Georgia Felony Theft by Shoplifting Lawyers, Georgia Misdemeanor Theft by Bringing Stolen Property into State Lawyers, Georgia Misdemeanor Theft by Receiving Property Stolen in Another State Lawyers, Georgia Felony Theft by Receiving Property Stolen in Another State Lawyers, Georgia Misdemeanor Theft of Services Lawyer, Georgia Theft by Deception of an Elderly Person Lawyers, Georgia Misdemeanor Theft by Receiving Stolen Property Lawyers, Georgia Felony Theft by Receiving Stolen Property Lawyers, Georgia Misdemeanor Theft of Lost or Mislaid Property Lawyers, Georgia Felony Theft of Lost or Mislaid Property Lawyers, Georgia Criminal Misdemeanor Theft by Taking Lawyers, Georgia Theft by Taking Less than $5,000 Lawyers, Georgia Theft by Taking Exceeding $24,999.99 Lawyers, Georgia Misdemeanor Theft by Conversion Lawyers, Georgia Felony Theft by Conversion Lawyers, Nevada Grand Larceny of a Motor Vehicle Lawyers. If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court. You dont pay until we win. We only get paid if we win. They can include any monies wrongfully taken from you, interest and other financial losses. 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. Learn more 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. A judgment will likely show up on your credit report and might make it harder to get credit in the future. For instance, if while they are in a public place they give out information over the phone, such as their credit card or social security number, a criminal can easily overhear it and write down the information to use later. The bank needs to verify any address changes when requested to send checks to a different address. Maybe the hack of Uber didnt get your social security number but one of the other hacks did. Banks are often victims as well but that doesnt mean they cant be held liable for your losses. Criminal Statutes Dealing with Identity Theft. Even if you dont think you owe that debt. 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. Law, About You will need to close any accounts that you did not open and file affidavits with each company showing that you did not open the account. 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 wants to help you understand the process of recovering from identity theft so that you are prepared to sue if possible. If you believe you have been the victim of identity theft, the first step is to file a report with the police. And despite what you may have seen in TV shows, you cant stop things by refusing to accept delivery or service of the lawsuit. Terms of Service apply. The second step is to inform any bank or credit card that was impacted by the fraud. Office of Consumer Affairs. The type of claim you file will hinge on the type of identity theft you have been the victim of, as well as the facts particular to your case. Banks are responsible for ensuring that anyone applying for credit has proper ID that can be verified. Last Updated: Dec 04, 2022 As a victim of identity theft, you may take action against 3rd party entities. 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. 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. Reporting the incident to the Federal Trade Commission (FTC). Then, put a fraud alert on your credit and freeze your credit accounts if you are able to do so. Your lawyer can discuss what rights you have, what you can potentially recover, and whether you have a supportable case. She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. In Scherer v. Wells Fargo, 4:20-cv-01295 (S.D. Punishment for any related crimes (e.g., mail or credit card fraud); and. It is best to contact a local attorney as soon as possible to discuss your options. Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. 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." We file reports and support you through the entire process. This is just a small sample of the cases we accept. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . However, in most cases, the offenders conduct will lead to state criminal charges. Credit cards are breached most frequently because criminals dont need the physical card anymore. The online FTC reporting process begins by asking you to identify how the identity thief used your information. On the site, you can report and put together a plan to recover from identity theft. Some states allow identity theft victims to sue under their identity theft laws. 1341), wire fraud (18 U.S.C. 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. Having youridentity stolencan be very difficult, especially since you may not discover it until much later on. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. In many identity theft cases it isnt even possible to figure out who hacked an account or breached a merchants database. How to protect your personal information and privacy, stay safe online, and help your kids do the same. Compensation for Violations of the EFTA. Communicated in many ways to make sure I understood. Contact Your Local Police Department. Library, Bankruptcy If you have any unpaid debts, your creditors can get the bank to freeze your account in order to satisfy your obligations. The statute of limitations gives you a specific amount of time to file a case -- and you don't want to miss the deadline for filing a lawsuit. Law Practice, Attorney If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. The profession of identity theft is growing and developing all the time. 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. Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. It may be possible to sue a credit bureau or business that disclosed your credit information. 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. 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. The reason for this is because they are better candidates for imposter purposes. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Simply follow the steps below to get started: That's all! So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. Ask the credit bureaus to place a "fraud alert" on your credit report. Lets say the company that was hacked is a large private hospital not owned by a public company. If your bank contributed to the identity theft, you may potentially sue. Ask for a copy of the police report. Your state's attorney general's office regulates fraudulent accounts. Asset Protection Blog (Jeff Andrews Esq.). They. The bank is responsible for validating your true signature on all checks. They just need the card number to start ordering online. You can learn more about Jaclyn here. Present ZIP (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. However, it can be difficult to find them and their personal information. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand.