Both state and federal laws prescribe rules regulating the relationship between a bank and its clients. In what may be a first in Florida, a bank can be held liable for the failure to stop elder abuse arising from the draining of a senior's bank account by an abuser. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Get copies of documents related to the theft of your identity, like transaction records or applications for new accounts. Banks are responsible for ensuring that anyone applying for credit has proper ID that can be verified. However, the losses you incur can sometimes be greater than direct losses. This can be particularly important if the perpetrator involved themselves with your real property. No liability is incurred by you, on accounts opened in your name. Merchants who process credit card transactions; Most likely any other business that had possession of and may be responsible for the stolen information. That means the court can rule without hearing your side and the debt collector could win by default because you didnt show up. You must include a copy of your police report and an identity theft affi davit with your written request to the company that has the documents. Is Experian IdentityWorks Legit or a Scam? The thief may pretend to be a long lost relative, medical personnel, or show up at their nursing home claiming to be a representative from their bank or other important business and have them sign paperwork. 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. Contact Your Local Police Department. Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. However, it can be difficult to find them and their personal information. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. You have options for who to sue based on your case: There are various legal theories that may apply in an identity theft case. Contact us today & reclaim your financial future. In Ginder v. Bank of America, 2015 U.S. Dist. If the person does not know the person or law enforcement cannot find them, then there may be other avenues for a victim to pursue for legal action. Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. 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. This is just a small sample of the cases we accept. 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). In 2017, there were 16.7 million victims of identity fraud, according to Javelin Strategy & Researchs report 2018 Identity Fraud: Fraud Enter a New Era of Complexity. The research organization noted that not only is this a record high, but fraud schemes often target one person across several organizations. Receiving unfamiliar bills in the mail or not receiving regular bills/mail, Unauthorized transactions on your financial statements, Receiving calls from fraud departments for suspicious activity, Unauthorized purchases or changes to your online accounts, Unfamiliar activity on your credit reports, Calls or letters from debt collectors for unfamiliar debt, Medical claims denied or being billed for services you didn't receive, You cannot file income taxes because you have supposedly already filed, Receiving notification that your information was compromised in a data breach, meaning you are at risk for identity theft. Any other business that had possession of and may be responsible for the stolen information. It can be difficult to navigate your world in the wake of an identity theft crisis. If you have a bank account and at the same time you owe funds to the same bank, they can automatically deduct the debt. We won every single time! It certainly feels devastating to face financial losses such asdamage to your creditscore or loss of money. This can include the use of existing credit cards or withdrawals from established bank accounts. It is almost always done for economic gain. She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. Our Personal Injury LawyersHave Over 28,0005-Star Reviews. 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. Law, Intellectual The second way that thieves obtain information for elderly persons is through theft by deception. Change direct deposits that are linked to your compromised accounts. Having a police report filed is beneficial for many situations. The first is by taking advantage of their lack of knowledge about technology. Criminal Statutes Dealing with Identity Theft. Where Do I Report a Debt Collector for Breaking the Law? In consumer cases, it can mean orders to help clean up your credit. This post began with the question, How do I sue for identity theft? Never stepped a foot into a courtroom. Note:an ounce of prevention can go far. An Illinois district court has allowed a couple to sue their bank on the novel grounds that . Ask the credit bureaus to place a "fraud alert" on your credit report. The bank is responsible for validating your true signature on all checks. Cetergy, Inc.: 1-800-437-5120 International Check Services: 1-800-631-9656 Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. Company liquidation. Learn about getting and using credit, borrowing money, and managing debt. 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. 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. Some states have passed laws creating a cause of action specifically based on identity theft. 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. American Bar Associations pro bono directory. Under California Civil Code section 1798.93: "A person who proves that he or she is a victim of identity theft shall be entitled to a judgment providing all of the following, as appropriate: (1) A declaration that he or she is not obligated to the claimant on that claim. 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. Report any problems you have with a debt collector to. With the convenience of technology comes new risks as well. Start small, then add on. When filing the report, provide relevant documentation including copies of. There are numerous ways to steal a persons identity. On the site, you can report and put together a plan to recover from identity theft. Even if you dont think you owe that debt. First, contact an experienced identity theft attorney to learn more about your legal rights and options. Any other legal theories listed under the state statute. Hiring a private attorney and having them assemble your case will allow you to navigate parts of the case that could be difficult on your own. There is widespread belief that Uber waited a year before reporting their data breach. If you have had your identity stolen, contact an identity theft attorney as soon as possible. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. And the best news is that you can report and remain anonymous. Several states have established their own identity theft laws making it easier for victims to sue. Business of Commercial Identity Theft:This occurs when an individual, usually a current or ex-employee, uses a businesss name to obtain credit. Can Victims of a Mass Shooting Sue the Government? Entities that can be held liable for identity theft include the major credit bureaus (Equifax, TransUnion, and Experian), credit institutions, and banks. If you are a victim of identity theft, you probably feel angry and anxious. In the business theft cases we often see, the culprit is known to us. 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. Account Takeover Fraud:In these cases, an individual uses another persons existing personal and financial information for their own gain. Sit back and relax while we do the work. The good news is that you, as a consumer, are protected by federal and state laws against losses from identity theft. Tell us more about the incident that occurred, including the location, date, time, financial loss, and any suspect information you may have. This needs to be done as soon as possible to limit any losses. Jaclyn holds a J.D. See what they have to say. Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. What Security Problems Come With Using Credit Cards?, What Is a CV Number and Where Is It Located on My Credit Card?. 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. 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. (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. Most credit card companies today offer zero-liability fraud protection if you report the charges within 30 days. Step Two:Contact the fraud department of each of your creditors. We have seen cases where hundreds of thousands of dollars and more were taken in a single fraudulent wire or forged check. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Never respond to emails that appear to come from your bank or credit card company. Can You Sue a Bank for Allowing Identity Theft? The FTC and its law enforcement partners announced actions against several income scams that conned people out of hundreds of millions of dollars by falsely telling them they could make a lot of money. She allegedly accessed sensitive data belonging to 106,000,000 Capital One credit card applicants and users. Contact information for the three major credit bureaus: EquifaxP.O. Also, some states require offenders convicted of identity theft to pay restitution, and this order for restitution may be treated like a civil judgement. 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. However, in some cases, the victim may be able to request restitution. 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. The who with deep pockets are typically anyone who had possession of the information. If a debt collector files a lawsuit against you to collect a debt, its important to respond either yourself or through an attorney. Learn about the cyber security threats, scams and data breaches that put your identity and finances at . Check with the company to determine if they will accept the affidavit. If your bank contributed to the identity theft, you may potentially sue. Step Three:Contact your bank or financial institution. This needs to be done as soon as possible to limit any losses. Meeting with a lawyer can help you understand your options and how to best protect your rights. is a common question among those who have unfortunately been the victim of this fraud. If the company is a public company (even foreign) there may be rewards available under the SEC Whistleblower Program. Be Informed About How Much Can You Sue for Identity Theft. Federal Trade Commission (FTC) has steps you can take, Find Personal Injury Lawyers in Your Area. These time frames can be as short as a few days, so it is important to remain vigilant about activity on any financial accounts. She wasnt using the card data directly but was selling it on the dark web. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. For instance, a parent or guardian who already has the childs information in their possession may use it to take out loans or open credit card accounts. Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. Credit Cards Follow up in writing. Liability will depend on the relevant federal and state laws, how much of your personal information was exposed, and other facts of the case. 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. 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. A stolen credit card number or security breach does not have to be reported to the FTC. 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. You can learn more about Jaclyn here. (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. 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. Identity theft has become all too common. If someone opens a bank account at any financial institution in your name without your authorization, you may not know about it unless it appears on your credit report, which usually only happens if the thief writes fraudulent checks without the money in the account to cover it. Federal government websites often end in .gov or .mil. DoNotPay brings peace of mind when reporting and suing for identity theft, because you have expertise and experience behind you. Identity theft is a federal crime, and the FTC is a federal law enforcement agency. Tell us about your situation so we can get started fighting for you. By law, your liability is limited to $50 for card-present fraud. But they must first get approval from the courts before taking this . (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. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. Punitive damages are a available in some states but often not against the bank or business who facilitated the theft. Maybe the hack of Uber didnt get your social security number but one of the other hacks did. What to know when you're looking for a job or more education, or considering a money-making opportunity or investment. From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. But even if a court finds a debt collector violated the law in trying to collect a legitimate debt, you may still owe the debt. The bank will be responsible for covering any losses you might suffer from successful impersonation. A credit report can help identify irregularities that could indicate this form of identity theft. In the meantime, it may make obtaining new credit more difficult for you and cause trouble for weeks or even months. (This may not be the same place you live). It is best to contact a local attorney as soon as possible to discuss your options. The bank is also responsible for verifying any address change that would allow a thief to order checks sent to a different address. Click here. According to Chase, your bank's mobile app can help keep you safe when shopping, with features such as mobile alerts and the ability to lock and unlock your debit card. Tex. Possible theories that a victim of identity theft could sue under include: TheFederal Trade Commission (FTC) has steps you can takeafter identity fraud. How to deal with identity theft using DoNotPay: And that's it! Ask the credit bureaus to place a "fraud alert" on every open account. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. Last Updated: Dec 04, 2022 As a victim of identity theft, you may take action against 3rd party entities. In most states, you incur no liability for accounts opened in your name. These can include credit card accounts, bank accounts, utility accounts, and cell phone accounts. Look no further than Paige Thompson, the person arrested in the Capital One data breach during the summer of 2019. 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. I wish I didnt have to hire an attorney but my family and I were blessed. Law, Employment Some states allow identity theft victims to sue under their identity theft laws. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. Every state has laws that cover identity theft, impersonation, and fraud. The message says theres something wrong with Its Cyber Security Awareness month, so the tricks scammers use to steal our personal information are on our minds. 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). In those cases, it may be possible to successfully sue the individual but even then, collectability is often an issue. You are responsible for notifying the bank if your checkbook is lost or stolen. The online FTC reporting process begins by asking you to identify how the identity thief used your information. Login. You can check your state's laws by reviewing your state's consumer protection agency's website. It is often a minority shareholder or partner who steals money or trade secrets in order to steal the business. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Law, About Submit your case to start resolving your legal issue. 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. Who is responsible? You can sue the thief, as they are the ones responsible for your harm. Merchants who process credit card transactions. Use two-factor authentication whenever possible. How Do I Sue for Identity Theft? Which Is Better? Change direct deposits that are linked to your compromised accounts. They just need the card number to start ordering online. Banks often take it a step further and guarantee that you will have no losses to cover; they do this to increase their customers' trust in using the cards. 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. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. Please. 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. Banks are often victims as well but that doesnt mean they cant be held liable for your losses. Ideally, you would like to bring a lawsuit against the individual who stole your identity; however, these thieves are usually difficult to find. They can do this by hiring a private attorney and having them assemble their case. Any other business that had possession of and may be responsible for the stolen information. Businesses may be unable to obtain necessary evidence, such as surveillance or receipts, and may lack physical contact with your identity thief. For example, California enacted a law to protect victims who now find themselves with debts or bills that someone took out in their name. The real deep pockets in large identity theft cases are the banks or holders of the data. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . Step 2: Complete the FTC Identity Theft Report. 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. LifeLock Review: Is It Legitimate and Safe to Use? 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. You can find out if you qualify immediately. Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. If a debt collector breaks the law, you have one year from that date to sue that collector in a state or federal court. Identity theft refers to crimes in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception. The attorneys at Francis Mailman Soumilas, P.C. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. Companies like Equifax, Experian, and Transunion offer alerts about suspicious activity in your credit reports and also offer credit freezes or fraud alert settings.
