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In cases where the actual thief cannot be identified or located, you may be able to file suit against another party. (C)That the claimant continued to pursue its claim against the victim after the claimant was presented with facts that were later held to entitle the victim to a judgment pursuant to this section. Always go directly to the company's website rather than clicking on links in the emails. Company liquidation. Some states have passed laws creating a cause of action specifically based on identity theft. Contact information for the three major credit bureaus: EquifaxP.O. (This may not be the same place you live). from Fordham University, majoring in both Journalism and the Classics (Latin). Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. Identity thieves can get the childs information by asking them for it in person, messaging them online, or by having access to them. Unfortunately, some of the great advancements in technology we have enjoyed over the past four decades, have been abused for malicious purposes. The second way that thieves obtain information for elderly persons is through theft by deception. Identity Cloning:Identity cloning refers to all forms of identity theft in one; the thief literally takes over the other individuals identity, in every aspect of their life. Our attorneys have access to experts and resources the government and police may not employ, which may dramatically increase your chances of recovering compensation. Having a police report filed is beneficial for many situations. However, it can be difficult to find them and their personal information. The bank is responsible for validating your true signature on all checks. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. Identity theft refers to crimes in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception. LEXIS 25562 (M.D. Those are best handled in a class action. Today, many of the identity theft cases are caused by sophisticated hackers and organized crime. An official website of the United States government. Request copies of your credit reports to examine them for fraudulent charges or new, unauthorized accounts opened under your name. Look over your records about the debt and any information you may have gotten from the collector . State laws protect you for all losses in the event your checkbook is used without your knowledge. It is often a minority shareholder or partner who steals money or trade secrets in order to steal the business. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. Never respond to emails that appear to come from your bank or credit card company. Heres what you need to know about these calls. A small, boutique firm with one mission: fighting for consumers' rights. Law, Employment If the offender is caught, it remains up to the prosecutor to decide whether or not to file charges. Contact the fraud department for each of your credit accounts, including credit card providers, cable, cell phone, and other utility providers. The debt collector can also ask the court to award them additional money for collection costs, interest, and even attorneys fees. 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. 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. Our attorneys may be able to help to recover financial losses and remedy other injuries you have suffered as a result. Our attorneys have a history of success helping consumers restore their good names, reputation, and credit after their identities were stolen. 1344). Box 6790 Fullerton, CA 92634-6790 To order your report: 1-800-888-4213 To report fraud: 1-800-680-7289 TDD: 1-877-553-7803www.transunion.com, ExperianP.O. Trying to build a case independently could have complications that could harm the outcome of your case. It can be difficult to navigate your world in the wake of an identity theft crisis. But they must first get approval from the courts before taking this . These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. Contact us. Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Consider contacting a firm that handles class action suits because your damages may be small but this behavior may be outrageous. The attorneys at Morgan & Morgan have experience navigating identity theft cases and work tirelessly to hold identity thieves and other parties accountable for their actions. In fact, the case can go ahead without you. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. 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 tailor each case to meet our clients' needs. It is a violation of your private and financial life, and can have devastating long-term ramifications, so it is important to know your rights. This will pay off the outstanding loans without filing a lawsuit or court decision against you. "How much can you sue for identity theft?" (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. Follow up your phone call with a written confirmation, including documents that serve as proof to your claim. Last Updated: Dec 04, 2022 As a victim of identity theft, you may take action against 3rd party entities. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. (Dont see what you are looking for? Contact us today & reclaim your financial future. Copyright 2022, Thomson Reuters. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. When filing the report, provide relevant documentation including copies of. 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. Regardless of who the target is and how the thief does it, committing identity theft specifically against a child or an elderly person will result in severe legal penalties if convicted. If your credit card information has been stolen, it is important to contact your credit card company immediately. Scherer v. Wells Fargo. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. This site is protected by Consulting a knowledgeable identity theft attorney would help you explore strategies for winning financial compensation. In Ginder v. Bank of America, 2015 U.S. Dist. 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). 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.]. 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. [Our practice is primarily focused on large embezzlement and identity theft cases with a loss of $5 million or more. People with inside information about data breaches may be eligible for large cash whistleblower rewards. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. 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. 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. It allows you to place freezes on your credit report, which may help prevent further damage. 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. Report the identity theft to each creditor, even if that account has not been affected. If theres one constant among scammers, its that theyre always coming up with new schemes, like the Google Voice verification scam. Looking for alternatives for your holiday shopping? 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. 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. Business of Commercial Identity Theft:This occurs when an individual, usually a current or ex-employee, uses a businesss name to obtain credit. And despite what you may have seen in TV shows, you cant stop things by refusing to accept delivery or service of the lawsuit. This typically includes: There are multiple ways to sue for identity theft. Can You Sue a Bank for Allowing Identity Theft? (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. Any other legal theories listed under the state statute. 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. The most important thing is to respond. With more financial transactions occurring over the telephone and Internet, it is easier than ever for thieves to steal your identity. That simply isnt true and is why you need an experienced identity theft lawyer to assist you in recovering back your money.