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Credit or debit card to order items online; Drivers license while committing a crime; Personal information to open up a new credit card in your name; Personal information to obtain a loan in your name. All rights reserved. Send a demand letter to the bank. Liability will depend on the relevant federal and state laws, how much of your personal information was exposed, and other facts of the case. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Morgan and Morgan is truly the best law firm! She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. If the person is caught and prosecuted big ifs, a court could order restitution. The bank is responsible for validating your true signature on all checks. Where Do I Report a Debt Collector for Breaking the Law? If you feel your rights under the FCRA have been violated by TransUnion, call 1-877-735-8600 to speak to our legal team. Did Have you heard about it? The bank needs to verify any address changes when requested to send checks to a different address. 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. It's easier than ever for thieves to impersonate you and use your credit card. 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. Let us work hard for you. At Morgan & Morgan, our attorneys have access to experts at the top of their respective fields, including private investigators and forensic accountants, who may be able to assist in determining, through their own private investigation, when your identity was stolen and by whom. from Fordham University, majoring in both Journalism and the Classics (Latin). Our Personal Injury LawyersHave Over 28,0005-Star Reviews. The fraudulent information must be removed from the credit report and an extended fraud alert protection must be assigned to the victims portfolio. They just need the card number to start ordering online. Identity theft, data privacy and cyber security, Mass. The bank will be responsible for covering any losses you might suffer from successful impersonation. I would recommend Morgan & Morgan to anyone because THEY CARE! Sit back and relax while we do the work. This is just a small sample of the cases we accept. Getting sued can be stressful, and many people dont know where to start. Third, you should improve your online protections. They fought harder then I had intercepted. 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. 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. And the best news is that you can report and remain anonymous. When Can You Sue for Identity Theft? - FindLaw If your case is successful, you may be able to recover compensation for your financial losses, restore your reputation, and reestablish your credit score. You don't have to spend hours researching identity theft or trying to fill out forms correctly. Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. If a hacker gains access to it and uses it to purchase things, then this would be considered an act of identity theft. (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. Report the identity theft to each creditor, even if that account has not been affected. Hatch Bank Data Breach Investigation - The Lyon Firm Weve helped over 300,000 families. That simply isnt true and is why you need an experienced identity theft lawyer to assist you in recovering back your money. 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. State laws protect you for all losses in the event your checkbook is used without your knowledge. Because you are a victim of identity theft, they should be provided free of charge. You Can Sue - Ignored TransUnion Dispute & Report Errors If you believe a business is fully or partially at fault for your financial injuries, contact a lawyer today. 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. They were caring and concerned about my case. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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). Once we guide you through the best options, we'll automatically submit the reports on your behalf! Your lawyer can discuss what rights you have, what you can potentially recover, and whether you have a supportable case. The amount that can be claimed will vary depending on the facts of that case. Ideally, you would like to bring a lawsuit against the individual who stole your identity; however, these thieves are usually difficult to find. Always asked how I was doing and was prompt with responding to any of my questions or concerns. The .gov means its official. You can tell the company to give the documents to a specifi c law en- You typically cannot decide whether a person who stole and benefited from your identity faces criminal charges. Our process is fast and easy. Company liquidation. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. 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. 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. 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. 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. Some states have passed laws creating a cause of action specifically based on identity theft. 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. What Is the Best and Most Secure Alternative to LifeLock? 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. If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court. 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. (This may not be the same place you live). I wish I didnt have to hire an attorney but my family and I were blessed. (No job, no money for restitution.). Worse, many of the bad actors are overseas or work for hostile nation states. When filing the report, provide relevant documentation including copies of. This needs to be done as soon as possible to limit any losses. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. It is almost always done for economic gain. Meeting with a lawyer can help you understand your options and how to best protect your rights. The second step is to inform any bank or credit card that was impacted by the fraud. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. However, in some cases, the victim may be able to request restitution. By law, your liability is limited to $50 for card-present fraud. 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. To read more about steps you can take if you think you have been the victim of identity theft, visit the federal government's websit.e Potential causes of action may include, but are not limited to the following: When you initially provide your attorney with information about your stolen identity, it is important to provide as many details as possible. Identity theft is often perpetrated by individuals. Merchants who process credit card transactions; Most likely any other business that had possession of and may be responsible for the stolen information. They don't even need to physically steal it anymore; they just need the card number to order things online. Copyright 2022, Thomson Reuters. With many of us using online banking, identity theft is a real risk. 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. Prompt reporting of a breach not only is right, its the law. Learn about getting and using credit, borrowing money, and managing debt. How to Report Identity Theft | ConsumerAffairs In most states, you incur no liability for accounts opened in your name. By responding to the lawsuit, either yourself or through an attorney, you can make sure the collector has to prove that you owe the debt, that the amount of the debt is correct, and the debt collector has the legal right to sue you to collect on it. The real deep pockets in large identity theft cases are the banks or holders of the data. If you have any unpaid debts, your creditors can get the bank to freeze your account in order to satisfy your obligations. 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). What Damages Are Available in Mass Torts? Under most state laws, the bank is responsible for covering any losses from impersonation. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. Before sharing sensitive information, make sure youre on a federal government site. 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. 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. Any other business that had possession of and may be responsible for the stolen information. Little or none of that would be acceptable in a court of law. In consumer cases, it can mean orders to help clean up your credit. Thank you. 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 . What's the Penalty for Using a Stolen Credit Card? Heres what you need to know about these calls. There are several things to do to report identity theftand begin the process of recovery. On the site, you can report and put together a plan to recover from identity theft. 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. Identity theft is a crime under federal law, and most states also have laws making it illegal. The second step is to inform any bank or credit card that was impacted by the fraud. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. 3 attorney answers Posted on Jun 1, 2015 You can always sue. We also help business owners who lost their company because of the illegal activity of others. These include fraud, negligence, breach of fiduciary duty, invasion of privacy, intentional infliction of emotional distress, and conversion (use of victims information without permission). Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. 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.