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. Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. Identity theft has become all too common. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits. State laws and the specific circumstances of your case will affect who you can sue and what compensation you may be able to receive. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. As noted above, all inquiries are protected by the attorney client privilege and kept confidential. And . Report identity theft to all major credit bureaus, any debt collectors, credit card companies, and credit reporting agencies. 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 company should be able to: It is also important to check your credit report to look for any other suspicious activity. 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 amount that can be claimed will vary depending on the facts of that case. That simply isnt true and is why you need an experienced identity theft lawyer to assist you in recovering back your money. If you're worried. Even if you dont think you owe that debt. Make smart shopping decisions, know your rights, and solve problems when you shop or donate to charity. (6)A civil penalty, in addition to any other damages, of up to thirty thousand dollars ($30,000) if the victim establishes by clear and convincing evidence all of the following: (A)That at least 30 days prior to filing an action or within the cross-complaint pursuant to this section, he or she provided written notice to the claimant at the address designated by the claimant for complaints related to credit reporting issues that a situation of identity theft might exist and explaining the basis for that belief. American Bar Associations pro bono directory. Identity theft is a crime that can set a victim back in ways beyond financial loss, such as a loss of time and emotional distress. Services Law, Real They don't even need to physically steal it anymore; they just need the card number to order things online. A judgment will likely show up on your credit report and might make it harder to get credit in the future. In this post we will answer the question, How do I sue for identity theft?. 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. Angie Mohr is a syndicated finance columnist who has been writing professionally since 1987. The fraudulent information must be removed from the credit report and an extended fraud alert protection must be assigned to the victims portfolio. But, even if your specific state doesn't include such a provision, you still may be able to sue if you've been the victim of identity theft. We won every single time! If a hacker gains access to it and uses it to purchase things, then this would be considered an act of identity theft. Thus, it is very important to use safeguards to protect your personal data both offline and online. Ask the credit bureaus to place a "fraud alert" on every open account. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Maybe the hack of Uber didnt get your social security number but one of the other hacks did. Our specialists will walk you through your case and collect all the right information to win your case. What Is the Best and Most Secure Alternative to LifeLock? The purpose of punitive damages is to punish the wrongdoer and deter future bad conduct. This will pay off the outstanding loans without filing a lawsuit or court decision against you. Request copies of your credit reports to examine them for fraudulent charges or new, unauthorized accounts opened under your name. 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). Kept me informed every step of the way about my case. Liability will depend on the relevant federal and state laws, how much of your personal information was exposed, and other facts of the case. Both state and federal laws prescribe rules regulating the relationship between a bank and its clients. Also, some states require offenders convicted of identity theft to pay restitution, and this order for restitution may be treated like a civil judgement. 1028), credit card fraud (18 U.S.C. Library, Bankruptcy The staff was amazing, they treated me with the utmost respect and professionalism. Victims of identity theft are afforded several types of damages when initiating a civil claim. However, when it comes to lost assets, it is generally much harder to recover monetary damages as a business since an individual thief will usually not have the funds to compensate them for such a major loss; especially, if they are sentenced to prison. Tell us more about the incident that occurred, including the location, date, time, financial loss, and any suspect information you may have. Quick Guide to Do When Someone Steals Your Identity, Learn How to Report Identity Theft Easily, Reporting and Preventing Credit Card Fraud Has Never Been This Easy, Protect Yourself From Social Security Identity Theft. Start small, then add on. The bank needs to verify any address changes when requested to send checks to a different address. How Should I Respond To a Debt Collection Lawsuit? When Someone Allows Your Identity To Be Stolen, Are They Liable? They just need the card number to start ordering online. Our firm helps consumers get access to their bank accounts using state consumer protection laws and a federal statute called EFTA (the Electronic Funds Transfer Act). See what they have to say. You can learn more about Jaclyn here. People with inside information about data breaches may be eligible for large cash whistleblower rewards. 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. Most credit card companies today offer zero-liability fraud protection if you report the charges within 30 days. Asset Protection Blog (Jeff Andrews Esq.). 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. Contacting an experienced identity theft attorney is an important step in complementing the governments investigation. To learn more about how our attorneys may be able to help you, please fill out ourno cost case review formtoday. Other federal identity theft laws include identification fraud (18 U.S.C. The profession of identity theft is growing and developing all the time. As you can see from the above examples, the internet has provided criminals with many more opportunities than they had before the technology existed. The bank will be responsible for covering any losses you might suffer from successful impersonation. You Can Sue - Ignored TransUnion Dispute & Report Errors DoNotPay will then generate a demand letter or court filing forms for you. Always asked how I was doing and was prompt with responding to any of my questions or concerns. It is almost always done for economic gain. Companies like Equifax, Experian, and Transunion offer alerts about suspicious activity in your credit reports and also offer credit freezes or fraud alert settings. Change direct deposits that are linked to your compromised accounts. If your company is in liquidation, and if the business is viable, the bank account may be frozen. Merchants who process credit card transactions; Most likely any other business that had possession of and may be responsible for the stolen information. They can put fraud alerts, freeze or close your accounts, or take other measures to help restore and/or protect your finances. Another way identity theft can occur is when someone is not careful with their personal data in public. Every state has laws that cover identity theft, impersonation, and fraud. Lawyers for Identity Theft Victims | Morgan & Morgan Law Firm The bank is also responsible for verifying any address change that would allow a thief to order checks sent to a different address. 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. As is evident from the above discussion, recovering from identity theft is a very complex process. 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. 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. Fla. 2015), Mrs. Ginder, an 81 year old woman, deposited her life savings into various Bank of America accounts. People stealing your identity can be sent to prison but that rarely helps the victim. A stolen credit card number or security breach does not have to be reported to the FTC. When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. Some states have passed laws creating a cause of action specifically based on identity theft. The Federal Trade Commission (FTC) supplies an Identity Theft Affidavit, which can be used to report new, unauthorized accounts opened with your stolen information. Going to court can feel overwhelming to do alone. Many small claims courts require you to make an effort to resolve your dispute before you file a lawsuit in court. Contact us. Law, About Our Personal Injury LawyersHave Over 28,0005-Star Reviews. You have options for who to sue based on your case: There are various legal theories that may apply in an identity theft case. Cases accepted nationwide. Our specialized attorneys will handle every step of your case from start to finish. A similar lawsuit was filed against Wells Fargo in the U.S. District Court for the Southern District of Texas. Several methods of attaining consumers personal information have been discovered. As for identity theft of elderly persons, thieves will usually accomplish this in one of two ways. Please. Your creditor may ask to see a copy of the report to remove the fraudulent debts. 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. Banks typically cover all losses against identity theft; but what happens if they dont? Tell us about your situation so we can get started fighting for you. In addition, there is acivil statute of limitationsyou need to be mindful of. The profession of identity theft is growing and developing all the time. Identity theft can be scary and stressful. They fought harder then I had intercepted. PDF Statement of Rights for Identity Theft Victims (Dont see what you are looking for? Office of Consumer Affairs. Considering the negative effects of being the victim of identity theft, most victims want punitive damages and compensatory damages for the emotional and financial ordeal they are put through. (This may not be the same place you live). Most importantly, don't let your credit cards or checks out of your sight. Copyright 2023 U.S. News & World Report L.P. 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. Step Four:Report the identity theft to law enforcement officials. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. Zander vs LifeLock: What's the Difference? Which Is Better? However, in some cases, the victim may be able to request restitution. Jaclyn holds a J.D. If you feel overwhelmed about where to start, DoNotPay can help walk you through the process. When Can I Sue for Identity Theft? - lehrmanclassaction.com The debt collector can also ask the court to award them additional money for collection costs, interest, and even attorneys fees. Suing a business may be right for you, but it also is more complicated. In most cases, banks and credit card companies are only obligated to refund any stolen funds or illegal charges if reported within a short time frame, sometimes limited by contract and sometimes by federal law. 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 court rules against you and orders you to pay the debt, the debt collector may be able to garnish or take money from your wages or bank account, or put a lien on property, like your home. Banks are Sued By PPP Loan Applicants - natlawreview.com 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.]. A demand letter is a formal business letter that sets forth the facts of your dispute and what you want the bank to do to resolve the situation. Ideally, you would like to bring a lawsuit against the individual who stole your identity; however, these thieves are usually difficult to find. Step Two:Contact the fraud department of each of your creditors. Having a police report filed is beneficial for many situations. I wish I didnt have to hire an attorney but my family and I were blessed. The questions, though, are whether you can win such a suit and what you would get by winning. Copyright 2022, Thomson Reuters. What Damages Are Available in Mass Torts? If a bank is the victim the wrongdoer can get up to 30 years in prison. All of the above companies have admitted to being the victims of large scale data breaches. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Youve probably heard: this holiday season, it might be harder to find the gifts youre looking for. You will need an experienced attorney that understands state and federal identity theft laws. Federal Trade Commission (FTC) has steps you can take, Find Personal Injury Lawyers in Your Area. However, it can be difficult to find them and their personal information. DoNotPay will make sure your issue gets sent to the right place. If the prosecutor presses charges, the defendant will be tried and punished in criminal court. Alert every financial institution where you have accounts of any kind. You will also want to file a police report to get the incident on record. A bank's liability for identity theft also extends to online banking identity theft. You can use DoNotPay's Sue Nowservice to assist you in this process as well! So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. 1344). As a victim of identity theft, you may be able to sue the perpetrator in civil court. If you believe a business is fully or partially at fault for your financial injuries, contact a lawyer today. 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. I needed them 3 TIMES! It is the bank's responsibility to ensure that all checks bear your true signature. But they must first get approval from the courts before taking this . Learn about getting and using credit, borrowing money, and managing debt. Trying to build a case independently could have complications that could harm the outcome of your case. Send a demand letter to the bank. You typically cannot decide whether a person who stole and benefited from your identity faces criminal charges. Trying to build a case independently could have complications that could harm the outcome of your case. Login. You don't have to spend hours researching identity theft or trying to fill out forms correctly. This is difficult to detect and can become very costly. 4 Ways to Sue a Bank - wikiHow Scherer v. Wells Fargo. Close your account to prevent additional fraudulent charges. Click here. We'll identify whether you should file a FTC report, contact the IRS, freeze your credit report, contact state agencies, or file a police report. If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court. Your state's attorney general's office regulates fraudulent accounts. This needs to be done as soon as possible to limit any losses. 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. 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. Aside from the specific examples provided above, some more general methods that are used to steal identities include: Although identify theft can happen to anyone, identity thieves tend to target two primary groups of people: children and the elderly. What Is the Bank's Liability If There Is Identity Theft? We only get paid if we win. 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. Often you won't know until a credit card app, security app, or credit report alerts you that a social security number, credit card number, or sensitive personal information was stolen. Worse, many of the bad actors are overseas or work for hostile nation states. In corporate identity theft cases, we handle those individually. Follow up your phone call with a written confirmation, including documents that serve as proof to your claim. 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.