(No job, no money for restitution.). These can include credit card accounts, bank accounts, utility accounts, and cell phone accounts. [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. If you have any unpaid debts, your creditors can get the bank to freeze your account in order to satisfy your obligations. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. They will also know which parties to sue and which ones may not be worth the time and costs. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits. The papers that say the debt collector is suing you will tell you what to do. In corporate identity theft cases, we handle those individually. DoNotPay will make sure your issue gets sent to the right place. Looking for alternatives for your holiday shopping? Library, Bankruptcy These are some of the signs that you are a potential victim of identity theft, but if you see these or other suspicious activity related to your identity and finances, it is important to act immediately. Violators can be sent to prison for up to 15 years. Even if you dont think you owe that debt. Our Personal Injury LawyersHave Over 28,0005-Star Reviews. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. ZIP However, it can be difficult to find them and their personal information. When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. She wasnt using the card data directly but was selling it on the dark web. If your credit card information has been stolen, it is important to contact your credit card company immediately. The second step is to inform any bank or credit card that was impacted by the fraud. These entities include: Banks Credit Card Companies Credit Bureaus Merchants who process credit card transactions Government agencies Employers, and Consumer level cases are a different story. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, If the offender is caught, it remains up to the prosecutor to decide whether or not to file charges. Obtaining a Patent: Everything You Need To Know, *If you are having any difficulty accessing your account, please contact us at, 2018 Identity Fraud: Fraud Enter a New Era of Complexity, creditors, collection agencies, and credit reporting companies, contact a local attorney as soon as possible, Disclaimer and a note about Find a Lawyer and Legal Advice . What Are Some Examples of Online Impersonation Cases? If granted, the defendant will be required to compensate the victim for any out-of-pockets costs resulting from the crime. We will get you started immediately. We tailor each case to meet our clients' needs. They can include any monies wrongfully taken from you, interest and other financial losses. Victims of identity theft are afforded several types of damages when initiating a civil claim. 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 . The good news is that you, as a consumer, are protected by federal and state laws against losses from identity theft. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. 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. 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. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. They will also provide a personalized recovery plan with tools to help you move forward. Contact information for the three major credit bureaus: EquifaxP.O. Getting sued can be stressful, and many people dont know where to start. Click here. The reason for this is because they are better candidates for imposter purposes. Identity thieves can get the childs information by asking them for it in person, messaging them online, or by having access to them. At the federal level there is theIdentity Theft and Assumption Deterrence Act. Jumbo Privacy Review: Is It Legit? That can include a court order declaring that are not legally responsible for debts created in your or your business name. . We'll even mail a copy of your demand letter to the individual or business you are suing. Learn about getting and using credit, borrowing money, and managing debt. These time frames can be as short as a few days, so it is important to remain vigilant about activity on any financial accounts. If you believe you have been the victim of identity theft, the first step is to file a report with the police. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. Learn the Answers Here Special Information for Corporate Identity Theft Whistleblowers Too! If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. (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. However, it can be difficult to find them and their personal information. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. Updated your passwords, and make sure that each password is a complex mix of numbers, letters, and symbols. 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. A similar lawsuit was filed against Wells Fargo in the U.S. District Court for the Southern District of Texas. If the police capture the offender, they will conduct an investigation and submit their findings to the local district attorneys office. Third, you should improve your online protections. With the convenience of technology comes new risks as well. Tell us more about the incident that occurred, including the location, date, time, financial loss, and any suspect information you may have. The questions, though, are whether you can win such a suit and what you would get by winning. Who is responsible? Sometimes, whistleblowers have information yet no rewards are possible. What Damages Are Available in Mass Torts? $0 cost to you. Copyright 2022, Thomson Reuters. As is evident from the above discussion, recovering from identity theft is a very complex process. Weve won over $15 Billion for our clients in cases of all types. (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes. 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. Forfeiture of any personal property used to commit or that were gained from the crime. to commit financial fraud for their own gain. We only get paid if we win. The online FTC reporting process begins by asking you to identify how the identity thief used your information. She allegedly accessed sensitive data belonging to 106,000,000 Capital One credit card applicants and users. 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. The FTC and its law enforcement partners announced actions against several income scams that conned people out of hundreds of millions of dollars by falsely telling them they could make a lot of money. These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. Weve helped over 300,000 families. Simply follow the steps below to get started: That's all! Sometimes. 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. In most states, you incur no liability for accounts opened in your name. Identity theft is a federal crime, and the FTC is a federal law enforcement agency. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. 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. An official website of the United States government. Make smart shopping decisions, know your rights, and solve problems when you shop or donate to charity. What Is the Bank's Liability If There Is Identity Theft? Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. Alert every financial institution where you have accounts of any kind. In this post we will answer the question, How do I sue for identity theft?. In cases where the actual thief cannot be identified or located, you may be able to file suit against another party. Some institutions may require that you file a police report when handling your identity theft case. If you were a little too jolly with your holiday spending, here are some tips to help you pay down your credit card debt. Insurance companies truly know that they will take it to court! 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? 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. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. 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). Preventing identity theft is the best way to avoid all this, and regularly reviewing your credit reports (at the very least annually) will help. Whether or not you can file a civil lawsuit against the perpetrator, you should still speak with a consumer protection lawyer. The point is that in the large data breach cases, you might not suffer a loss for years. Notifying the three major credit bureaus is important. Some states allow identity theft victims to sue under their identity theft laws. 2023 Fair Credit, LLC, All Rights Reserved. As you can see from the above examples, the internet has provided criminals with many more opportunities than they had before the technology existed. Hundreds of millions of records were taken. 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.]. In Scherer v. Wells Fargo, 4:20-cv-01295 (S.D. If a debt collector breaks the law, you have one year from that date to sue that collector in a state or federal court. If the company is a public company (even foreign) there may be rewards available under the SEC Whistleblower Program. Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. 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. The duty they owe is even greater if the bank improperly allows money to be withdrawn from a victims account. 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. 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. Law, About Contact us today & reclaim your financial future. There are a number of state and federal laws that make identity theft a crime. These include fraud, negligence, breach of fiduciary duty, invasion of privacy, intentional infliction of emotional distress, and conversion (use of victims information without permission). 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. 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. Step Three:Contact your bank or financial institution. Punitive damages are a available in some states but often not against the bank or business who facilitated the theft. If you have a case, your lawyer can help you prepare and file it, as well as represent you on the matter in court. Consider contacting a firm that handles class action suits because your damages may be small but this behavior may be outrageous. They just need the card number to start ordering online. 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. She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. 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. 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. Report any problems you have with a debt collector to. Recovering stolen money and correcting any additional damage caused by identity theft, such as a damaged credit score or a tarnished reputation, can be a difficult task to undertake on your own. Entities that can be held liable for identity theft include the major credit bureaus (Equifax, TransUnion, and Experian), credit institutions, and banks. As a victim of identity theft, you may be able to sue the perpetrator in civil court. The bank will be responsible for covering any losses you might suffer from successful impersonation. In the meantime, it may make obtaining new credit more difficult for you and cause trouble for weeks or even months. "How much can you sue for identity theft?" The real deep pockets in large identity theft cases are the banks or holders of the data. With more financial transactions occurring over the telephone and Internet, it is easier than ever for thieves to steal your identity. LEXIS 25562 (M.D. You can learn more about Jaclyn here. That can affect whether you get a job, insurance, a phone, or a home. 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. Whatever you do, dont ignore the lawsuit. Cases accepted nationwide. All inquiries kept completely confidential. You are responsible for notifying the bank if your checkbook is lost or stolen. Morgan and Morgan is truly the best law firm! In many identity theft cases it isnt even possible to figure out who hacked an account or breached a merchants database. I wish I didnt have to hire an attorney but my family and I were blessed. The most important thing is to respond. If a bank is the victim the wrongdoer can get up to 30 years in prison. From there, an attorney will be assigned to the case, review the evidence, and decide whether to prosecute the offender. 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. Communicated in many ways to make sure I understood. To learn more about how our attorneys may be able to help you, please fill out ourno cost case review formtoday. 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. Identity theft is a crime. 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 will pay off the outstanding loans without filing a lawsuit or court decision against you. Find out how to hold banks responsible for allowing identity theft. 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). However, organizations like banks, credit bureaus, and other businesses may have played a part in the crime. Meaning, the most . 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. 4. Protect your financial information and only use it on trusted websites. We've helped more than 6 million clients find the right lawyer for free. Law, Intellectual After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. Join us for our Community update on the impact of the Ohio train derailment this Saturday at 10AM EST. Suing an individual requires that you have identified and pressed charges against the perpetrator and that they are convicted. 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. Present What Security Problems Come With Using Credit Cards?, What Is a CV Number and Where Is It Located on My Credit Card?. As we said earlier, the nightmare doesnt end when your money is lost, it can get worse if the identity thief takes out credit in your name. This post began with the question, How do I sue for identity theft? If the person is caught and prosecuted big ifs, a court could order restitution. Once we guide you through the best options, we'll automatically submit the reports on your behalf! Today identity thieves share their information on the dark web. State laws protect you for all losses in the event your checkbook is used without your knowledge. 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. 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. Ask the credit bureaus to place a "fraud alert" on every open account. You can tell the company to give the documents to a specifi c law en- Thus, it is very important to use safeguards to protect your personal data both offline and online. Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. Our process is fast and easy. Never respond to emails that appear to come from your bank or credit card company. 1343), or financial institution fraud (18 U.S.C. If the company is a bank or credit card issuers / processor there may be cash rewards of up to $1.6 million available under the FIRREA bank fraud statute. Law, Insurance 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. It can take a significant amount of time to remove the reports of fraudulently obtained credit from your credit bureau report. Step Two:Contact the fraud department of each of your creditors. DoNotPay brings peace of mind when reporting and suing for identity theft, because you have expertise and experience behind you. Note:an ounce of prevention can go far. Fired for Blowing the Whistle on Fraud or Illegal Conduct? Call us anyway. There are several things to do to report identity theftand begin the process of recovery. The bank needs to verify any address changes when requested to send checks to a different address. 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. We also help business owners who lost their company because of the illegal activity of others. Angie Mohr is a syndicated finance columnist who has been writing professionally since 1987.