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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. Lets say you have bank accounts and credit cards at both Capital One and Chase, you stayed at a Marriott while on a business trip, visited a small retailer who process credit card payments through Heartland Payment Systems and bought some clothes at Target. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. In the business theft cases we often see, the culprit is known to us. 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. If the prosecutor presses charges, the defendant will be tried and punished in criminal court. The reason for this is because they are better candidates for imposter purposes. Possible theories that a victim of identity theft could sue under include: TheFederal Trade Commission (FTC) has steps you can takeafter identity fraud. Having a police report filed is beneficial for many situations. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. Merchants who process credit card transactions. Worse, many of the bad actors are overseas or work for hostile nation states. The bank needs to verify any address changes when requested to send checks to a different address. 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. Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. This will pay off the outstanding loans without filing a lawsuit or court decision against you. 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 Damages Are Available in Mass Torts? Angie Mohr is a syndicated finance columnist who has been writing professionally since 1987. Prompt reporting of a breach not only is right, its the law. 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. We only get paid if we win. We'll even mail a copy of your demand letter to the individual or business you are suing. From there, an attorney will be assigned to the case, review the evidence, and decide whether to prosecute the offender. Who is responsible? With many of us using online banking, identity theft is a real risk. As such, criminals can use childrens information to establish lines of credit, obtain government IDs like passports or licenses, and take out a mortgage on a house. Look no further than Paige Thompson, the person arrested in the Capital One data breach during the summer of 2019. about FindLaws newsletters, including our terms of use and privacy policy. 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. Notifying the three major credit bureaus is important. Little or none of that would be acceptable in a court of law. PERIOD! American Bar Associations pro bono directory. Withdrawals from the victims bank accounts, Fraudulently accessing online accounts, or. Follow up your phone call with a written confirmation, including documents that serve as proof to your claim. Report identity theft to all major credit bureaus, any debt collectors, credit card companies, and credit reporting agencies. Injunctive relief is often critical in identity theft cases. The bank is also responsible for verifying any address change that would allow a thief to order checks sent to a different address. 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. Having youridentity stolencan be very difficult, especially since you may not discover it until much later on. I wish I didnt have to hire an attorney but my family and I were blessed. Copyright 1999-2023 LegalMatch. The fourth step is to contact an experienced attorney to help you understand your rights and legal options. Having a report filed with them will aid you in the process of filing police reports, dealing with identity theft claims, and in potential lawsuits. However, you may have the option to file a civil lawsuit against the offender. Suing an individual requires that you have identified and pressed charges against the perpetrator and that they are convicted. Injured by a Defective Angiographic Catheter? [Our practice is primarily focused on large embezzlement and identity theft cases with a loss of $5 million or more. We also help business owners who lost their company because of the illegal activity of others. Contact Your Local Police Department. Other federal identity theft laws include identification fraud (18 U.S.C. 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. We only get paid if we win. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. An Illinois district court has allowed a couple to sue their bank on the novel grounds that . Banks and credit card issuers that process fraudulent transactions can be sued if it is shown they owe a duty of care to the victim. Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. Sadly, many companies do not report data breach cases. As identity theft becomes more common, determining the identity of the thief has become a challenge for police, often leaving victims without legal recourse against the thieves themselves. You have options for who to sue based on your case: There are various legal theories that may apply in an identity theft case. A credit report can help identify irregularities that could indicate this form of identity theft. 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. 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. Reporting the incident to the Federal Trade Commission (FTC). Get Your FREE Case Review Both state and federal laws prescribe rules regulating the relationship between a bank and its clients. Which Is Better? Fired for Blowing the Whistle on Fraud or Illegal Conduct? "How much can you sue for identity theft?" There are a number of state and federal laws that make identity theft a crime. We've helped more than 6 million clients find the right lawyer for free. Consulting a knowledgeable identity theft attorney would help you explore strategies for winning financial compensation. Communicated in many ways to make sure I understood. This is difficult to detect and can become very costly. Join us for our Community update on the impact of the Ohio train derailment this Saturday at 10AM EST. For instance, most children do not have a credit card, driver license, tax record history, or any other identifying information that leaves a trail. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. Keep a written record of every conversation you have with the fraud departments. Identity theft refers to crimes in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception. 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. Our attorneys have a history of success helping consumers restore their good names, reputation, and credit after their identities were stolen. 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. The second step is to inform any bank or credit card that was impacted by the fraud. In fact, the case can go ahead without you. Is Experian IdentityWorks Legit or a Scam? If you suffered anxiety you may be able to get compensation as well. Let us work hard for you. They are a great team! According to reports, a data security incident impacting the California-based Hatch Bank may have compromised the personal data of almost 140,000 individuals.. Based on the company's official filing, the incident . Of course, the restitution order only works if the person convicted is able to get a decent job. You can check your state's laws by reviewing your state's consumer protection agency's website. However, in some cases, the victim may be able to request restitution. 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. The site is secure. Does It Store My Password? Can You Sue a Bank for Allowing Identity Theft? Why Courts Seal False Claims Act Lawsuits. Businesses may be unable to obtain necessary evidence, such as surveillance or receipts, and may lack physical contact with your identity thief. It can take a significant amount of time to remove the reports of fraudulently obtained credit from your credit bureau report. Jumbo Privacy Review: Is It Legit? 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. 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.]. DoNotPay will then generate a demand letter or court filing forms for you.