How Should I Respond To a Debt Collection Lawsuit? 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. (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. 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. Most importantly, don't let your credit cards or checks out of your sight. What's the Difference Between Civil and Criminal Court? 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. Our specialists will walk you through your case and collect all the right information to win your case. Consumer level cases are a different story. 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. Our attorneys have a history of success helping consumers restore their good names, reputation, and credit after their identities were stolen. Contact us today & reclaim your financial future. They don't even need to physically steal it anymore; they just need the card number to order things online. Maybe the hack of Uber didnt get your social security number but one of the other hacks did. In consumer cases, it can mean orders to help clean up your credit. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. This post began with the question, How do I sue for identity theft? Your situation may lead to federal charges if the offenders conduct crossed state lines, occurred on federal property, or violated a specific federal statute. Stay up-to-date with how the law affects your life. We only get paid if we win. Business of Commercial Identity Theft:This occurs when an individual, usually a current or ex-employee, uses a businesss name to obtain credit. 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). If they do not know offhand, then they should file a report with their local police department. To begin with, many local police departments lack the technology necessary to determine who committed the crime. This needs to be done as soon as possible to limit any losses. The purpose of punitive damages is to punish the wrongdoer and deter future bad conduct. Every state has laws that cover identity theft, impersonation, and fraud. You could consider yourself blessed when they take your case. Angie Mohr is a syndicated finance columnist who has been writing professionally since 1987. Updated your passwords, and make sure that each password is a complex mix of numbers, letters, and symbols. If your company is in liquidation, and if the business is viable, the bank account may be frozen. Who is responsible? Identity theft refers to crimes in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. 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. 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. 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. Oftentimes, elderly persons will not know how to use technology or understand how it works. The debt collector can also ask the court to award them additional money for collection costs, interest, and even attorneys fees. However, you may have the option to file a civil lawsuit against the offender. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law Ask for a copy of the police report. Library, Bankruptcy How to deal with identity theft using DoNotPay: And that's it! 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. Learn more To learn more about how our attorneys may be able to help you, please fill out ourno cost case review formtoday. Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. Prompt reporting of a breach not only is right, its the law. You can find out if you qualify immediately. $0 cost to you. Did For example, California enacted a law to protect victims who now find themselves with debts or bills that someone took out in their name. The Federal Trade Commission (FTC) supplies an Identity Theft Affidavit, which can be used to report new, unauthorized accounts opened with your stolen information. 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. Hiring a private attorney and having them assemble your case will allow you to navigate parts of the case that could be difficult on ones own. 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. Contacting an experienced identity theft attorney is an important step in complementing the governments investigation. Note:an ounce of prevention can go far. We won every single time! 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. Occasionally, banks can take up to 45 days to conduct the investigation, but in these cases, the bank has to give the disputed money back to you until the process is over. Under the GLBA, consumer banking customers have rights with respect to the privacy of their nonpublic personal information (NPI). There are several things to do to report identity theftand begin the process of recovery. Any other legal theories listed under the state statute. State laws and the specific circumstances of your case will affect who you can sue and what compensation you may be able to receive. 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. In order to recover actual damages or attorneys fees in an action or cross-complaint filed by a person alleging that he or she is a victim of identity theft, the person shall show that he or she provided written notice to the claimant that a situation of identity theft might exist, including, upon written request of the claimant, a valid copy of the police report or the Department of Motor Vehicles investigative report promptly filedat least 30 days prior to his or her filing of the action, or within his or her cross-complaint pursuant to this section. We will get you started immediately. State and federal laws are in place to protect consumers with a protocol that banks as well as consumers must follow. (Dont see what you are looking for? Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Unfortunately, some of the great advancements in technology we have enjoyed over the past four decades, have been abused for malicious purposes. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. This can be one of the most dangerous types of identity theft, as the notes made on the victims medical charts, which really concern the thief, could lead to improper and potentially fatal medical decisions in the future. 2023 Fair Credit, LLC, All Rights Reserved. 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. As a victim of identity theft, you may be able to sue the perpetrator in civil court. Company liquidation. She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. Experian ProtectMYID Reviews: Is It the Best Option for You? If you have a case, your lawyer can help you prepare and file it, as well as represent you on the matter in court. 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. LifeLock Review: Is It Legitimate and Safe to Use? In one version of the scam, you get a call and a recorded message that says its Amazon. Search "identity theft" on DoNotPay and select the type of incident you would like to report. You typically cannot decide whether a person who stole and benefited from your identity faces criminal charges. 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. Juvenile Court Proceedings: How It Differs from Adult Court. All of the above companies have admitted to being the victims of large scale data breaches. It's easier than ever for thieves to impersonate you and use your credit card. LEXIS 25562 (M.D. 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). Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. Can You Sue a Bank for Allowing Identity Theft? Our Personal Injury LawyersHave Over 28,0005-Star Reviews. 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. 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 crime under federal law, and most states also have laws making it illegal. As for identity theft of elderly persons, thieves will usually accomplish this in one of two ways. Little or none of that would be acceptable in a court of law. Law, About Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. You can learn more about Jaclyn here. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. Get copies of documents related to the theft of your identity, like transaction records or applications for new accounts. The fraudulent information must be removed from the credit report and an extended fraud alert protection must be assigned to the victims portfolio. 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. How Do I Sue for Identity Theft? Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. 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. 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). We can help you notify the correct agencies, like theSocial Security Officeorthe IRSas necessary,contact the credit bureaus, and file the necessary reports. Some states have passed laws creating a cause of action specifically based on identity theft. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . 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. Your Additionally, the U.S. Federal Trade Commission provides information and resources on how to report and recover from identity theft. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. Identity thieves can get the childs information by asking them for it in person, messaging them online, or by having access to them. 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. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. (This may not be the same place you live). This will pay off the outstanding loans without filing a lawsuit or court decision against you. Why Your Website's Terms and Conditions Matter. After that, you should consider if a consumer protection attorney can help you pursue a case. Fla. 2015), Mrs. Ginder, an 81 year old woman, deposited her life savings into various Bank of America accounts. There is so many corporate data breaches today that it is often impossible to know who may be responsible for losses that you may have incurred. Reporting the incident to the Federal Trade Commission (FTC). Applying for loans and credit cards in the victims name. Most credit card companies today offer zero-liability fraud protection if you report the charges within 30 days. Visit our attorney directory to find a lawyer near you who can help. Althoughidentity theftcan occur without using the internet, it does make this crime easier to commit. State and Federal laws prescribe rules for the relationship between a bank and its clients. These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. 2. This is difficult to detect and can become very costly. An Illinois district court has allowed a couple to sue their bank on the novel grounds that . Jumbo Privacy Review: Is It Legit? If your credit card is lost or stolen, let the card company know right away to prevent losses from occurring. 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. The bank will be responsible for covering any losses you might suffer from successful impersonation. Law, Insurance In Scherer v. Wells Fargo, 4:20-cv-01295 (S.D. From there, an attorney will be assigned to the case, review the evidence, and decide whether to prosecute the offender. Office of Consumer Affairs. 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. The bank is responsible for validating your true signature on all checks. People stealing your identity can be sent to prison but that rarely helps the victim. As you can see from the above examples, the internet has provided criminals with many more opportunities than they had before the technology existed. Several states have established their own identity theft laws making it easier for victims to sue. The point is that in the large data breach cases, you might not suffer a loss for years. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. They can put fraud alerts, freeze or close your accounts, or take other measures to help restore and/or protect your finances. A similar lawsuit was filed against Wells Fargo in the U.S. District Court for the Southern District of Texas.