As such, criminals can use childrens information to establish lines of credit, obtain government IDs like passports or licenses, and take out a mortgage on a house. 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. Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. Weve helped over 300,000 families. 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). Look no further than Paige Thompson, the person arrested in the Capital One data breach during the summer of 2019. 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. A credit report can help identify irregularities that could indicate this form of identity theft. The questions, though, are whether you can win such a suit and what you would get by winning. Never respond to emails that appear to come from your bank or credit card company. Report identity theft to all major credit bureaus, any debt collectors, credit card companies, and credit reporting agencies. Before sharing sensitive information, make sure youre on a federal government site. Other federal identity theft laws include identification fraud (18 U.S.C. First, contact an experienced identity theft attorney to learn more about your legal rights and options. The point is that in the large data breach cases, you might not suffer a loss for years. Common examples of identity theft include someone using your: If you believe you have been the victim of identity theft, the first step is to file a report with the police. Medical Identity Theft:By using another persons name and insurance information, an identity thief can fraudulently receive medical care and services, including prescription drugs and other medical instrumentations. Merchants who process credit card transactions. 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.]. Of course, the restitution order only works if the person convicted is able to get a decent job. Banks must perform due diligence when extending credit, and they typically cover all losses against identity theft, even though federal law mandates that consumers must shoulder up to $50 of credit card loss. The Fair Credit Reporting Act defines identity theft as a fraud committed or attempted using the identifying information of another person without authority. Typically, identity theft is separated into six categories, which are comprised of the following: New Account Fraud:This occurs when an individual takes advantage of an individual with good credit standing by using their personal information to create new accounts. The type of claim you file will hinge on the type of identity theft you have been the victim of, as well as the facts particular to your case. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. If your case is successful, you may be able to recover compensation for your financial losses, restore your reputation, and reestablish your credit score. Notifying the three major credit bureaus is important. These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. The profession of identity theft is growing and developing all the time. 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). If the company is a public company (even foreign) there may be rewards available under the SEC Whistleblower Program. These entities include: Banks Credit Card Companies Credit Bureaus Merchants who process credit card transactions Government agencies Employers, and Library, Bankruptcy 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. Typically, someone else will use your personal information to fraudulently obtain money, goods, or services. Law, Employment This would show on your credit report as unpaid debt. 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. 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. Learn more 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. As is evident from the above discussion, recovering from identity theft is a very complex process. The amount that can be claimed will vary depending on the facts of that case. We know the thief can always be sued but that is only if he or she is caught, convicted and has money. Injunctive relief is often critical in identity theft cases. Join us for our Community update on the impact of the Ohio train derailment this Saturday at 10AM EST. The attorneys at Francis Mailman Soumilas, P.C. Federal Trade Commission (FTC) has steps you can take, Find Personal Injury Lawyers in Your Area. Login. When companies delay, consumers and others are hurt. I got settlements for all 3 lawsuits. The second step is to inform any bank or credit card that was impacted by the fraud. A year later your identity is stolen and your bank accounts drained. Sue your bank! Why it's better to go to court than to arbitrate in the 2. Victims of Childhood Sexual Abuse Legislation Stalled in PA House, Morgan and Morgan Join in on the Fun at Monster Jam Pit Party, Morgan and Morgans Response to the Jackson Water Crisis. Today, many of the identity theft cases are caused by sophisticated hackers and organized crime. 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. Trying to build a case independently could have complications that could harm the outcome of your case. Bank May be Liable for Failure to Stop Elder Abuse Sometimes. All inquiries kept completely confidential. There are three types of damages that may be available in identity theft case: Compensatory damages are designed to make you whole. Additionally, if the victim is a business, they can also request that fraud alerts be put on their business accounts and if their name or trademarks were tampered with, they can contact the Secretary of State to amend their filings. 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. 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. They are a great team! Asset Protection Blog (Jeff Andrews Esq.). 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. Little or none of that would be acceptable in a court of law. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. I needed them 3 TIMES! They can do this by hiring a private attorney and having them assemble their case. Follow up in writing. In the meantime, it may make obtaining new credit more difficult for you and cause trouble for weeks or even months. When filing the report, provide relevant documentation including copies of. 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. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes. Our Personal Injury LawyersHave Over 28,0005-Star Reviews. 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. "How much can you sue for identity theft?" But they must first get approval from the courts before taking this . A judgment will likely show up on your credit report and might make it harder to get credit in the future. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits. Id. (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. When Can You Sue for Identity Theft? - FindLaw Visit our attorney directory to find a lawyer near you who can help. In many identity theft cases it isnt even possible to figure out who hacked an account or breached a merchants database. It is the bank's responsibility to ensure that all checks bear your true signature. . Cases accepted nationwide. If a debt collector files a lawsuit against you to collect a debt, its important to respond either yourself or through an attorney.