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. 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. Step 2: Complete the FTC Identity Theft Report. If you suffered anxiety you may be able to get compensation as well. 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. This can lead to them posting personal information online where anyone can view it, having poor or no security protections on accounts, or they may refrain from using technology altogether and instead choose less safe options like sending checks through the mail. (No job, no money for restitution.). Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. 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. to commit financial fraud for their own gain. Sadly, many companies do not report data breach cases. Our process is fast and easy. That simply isnt true and is why you need an experienced identity theft lawyer to assist you in recovering back your money. Every state has laws that cover identity theft, impersonation, and fraud. The bank that you're up against gets to pay witnesses to testify on their behalf and can order its own employees to do the same. Businesses may be unable to obtain necessary evidence, such as surveillance or receipts, and may lack physical contact with your identity thief. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . Consulting a knowledgeable identity theft attorney would help you explore strategies for winning financial compensation. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. Applying for loans and credit cards in the victims name. But there are options to get legal help, including, Debt collectors must follow the law when contacting you about a debt. Contact information for the three major credit bureaus: EquifaxP.O. For more information, contact attorney Brian Mahany online, by email document.getElementById("eeb-845689-425495").innerHTML = eval(decodeURIComponent("%27%62%72%69%61%6e%40%6d%61%68%61%6e%79%6c%61%77%2e%63%6f%6d%27"))*protected email* or directly 414-704-6731. However, it can be difficult to find them and their personal information. Therefore, if you are a victim of identity theft, it may be in your best interest to hire a local identity theft attorney, or alternatively, a identity theft lawyer. (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. The bank is also responsible for verifying any address change that would allow a thief to order checks sent to a different address. To learn more about your legal options and how our identity theft attorneys may be able to help you, please complete ourcase evaluation form, at no cost or obligation to you. (3)An injunction restraining the claimant from collecting or attempting to collect from the victim on that claim, from enforcing or attempting to enforce any security interest or other interest in the victims property in connection with that claim, or from enforcing or executing on any judgment against the victim on that claim. 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. Change direct deposits that are linked to your compromised accounts. This can include the use of existing credit cards or withdrawals from established bank accounts. File Report with the Federal Trade Commission (FTC). Also, some states require offenders convicted of identity theft to pay restitution, and this order for restitution may be treated like a civil judgement. (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. Worse, many of the bad actors are overseas or work for hostile nation states. Law, Intellectual 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. This is essential to ensure you are not held liable for any fraudulent charges. Good luck! 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. Having youridentity stolencan be very difficult, especially since you may not discover it until much later on. Contact us today & reclaim your financial future. These include fraud, negligence, breach of fiduciary duty, invasion of privacy, intentional infliction of emotional distress, and conversion (use of victims information without permission). If you believe a business is fully or partially at fault for your financial injuries, contact a lawyer today. The thief can establish phone or internet service in your name. Our attorneys have a history of success helping consumers restore their good names, reputation, and credit after their identities were stolen. State and federal laws are in place to protect consumers with a protocol that banks as well as consumers must follow. The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! . Punitive damages are a available in some states but often not against the bank or business who facilitated the theft. Federal law restricts your losses in credit card theft to $50 as long as you inform the bank or card company within 60 days of the issuance of the credit card statement. Keep a written record of every conversation you have with the fraud departments. Trying to build a case independently could have complications that could harm the outcome of your case. Withdrawals from the victims bank accounts, Fraudulently accessing online accounts, or. 1344). 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. By law, your liability is limited to $50 for card-present fraud. They. Identity theft is a federal crime and in some cases also a state crime. Learn about the cyber security threats, scams and data breaches that put your identity and finances at . There are a number of state and federal laws that make identity theft a crime. (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. It is best to contact a local attorney as soon as possible to discuss your options. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. They can do this by hiring a private attorney and having them assemble their case. However, you may have the option to file a civil lawsuit against the offender. The questions, though, are whether you can win such a suit and what you would get by winning. However, in most cases, the offenders conduct will lead to state criminal charges. We know the thief can always be sued but that is only if he or she is caught, convicted and has money. Getting sued can be stressful, and many people dont know where to start. In corporate identity theft cases, we handle those individually. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. What's the Difference Between Civil and Criminal Court? Thus, any fines the defendant is ordered to pay will go directly to the federal or state government. All rights reserved. You typically cannot decide whether a person who stole and benefited from your identity faces criminal charges. This typically includes: There are multiple ways to sue for identity theft. She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. Hundreds of millions of records were taken. Visit our attorney directory to find a lawyer near you who can help. We can help you notify the correct agencies, like theSocial Security Officeorthe IRSas necessary,contact the credit bureaus, and file the necessary reports. You can use DoNotPay's Sue Nowservice to assist you in this process as well! Look over your records about the debt and any information you may have gotten from the collector . There is widespread belief that Uber waited a year before reporting their data breach. 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. You are responsible for notifying the bank if your checkbook is lost or stolen. Which Is Better? This is just a small sample of the cases we accept. Even if you dont think you owe that debt. Meeting with a lawyer can help you understand your options and how to best protect your rights. We will get you started immediately. Law, Insurance As a victim of identity theft, you may be able to sue the perpetrator in civil court. 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. Before sharing sensitive information, make sure youre on a federal government site. Kept me informed every step of the way about my case.