Copyright 1999-2023 LegalMatch. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. Some states have passed laws creating a cause of action specifically based on identity theft. Fla. 2015), Mrs. Ginder, an 81 year old woman, deposited her life savings into various Bank of America accounts. Your attorney generals office can help you figure out your rights under your states law. You can tell the company to give the documents to a specifi c law en- Box 740241 Atlanta, GA 30374-0241 To order your report: 1-800-685-111 To report fraud: 1-800-525-6285 TDD: 1-800-255-0056www.equifax.com, TransUnionFraud Victim Assistance P.O. Identity thieves can get the childs information by asking them for it in person, messaging them online, or by having access to them. Maybe the hack of Uber didnt get your social security number but one of the other hacks did. It is almost always done for economic gain. The staff was amazing, they treated me with the utmost respect and professionalism. . This is just a small sample of the cases we accept. When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. A federal law known as Gramm-Leach-Bliley Act (GBLA) regulates how banks may handle consumer information. At Morgan & Morgan, our attorneys have access to experts at the top of their respective fields, including private investigators and forensic accountants, who may be able to assist in determining, through their own private investigation, when your identity was stolen and by whom. 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. If the prosecutor presses charges, the defendant will be tried and punished in criminal court. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, 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. Lets say you have bank accounts and credit cards at both Capital One and Chase, you stayed at a Marriott while on a business trip, visited a small retailer who process credit card payments through Heartland Payment Systems and bought some clothes at Target. An official website of the United States government. Can You Sue a Bank for Allowing Identity Theft? If you are warned that your personal information or credit card numbers have been leaked or sold (apps like CreditWise offer alerts of this nature) you should freeze your credit line or start carefully watching your credit card transactions and emails. Ask the credit bureaus to place a "fraud alert" on your credit report. How to deal with identity theft using DoNotPay: And that's it! If your company is in liquidation, and if the business is viable, the bank account may be frozen. Her role entails writing legal articles for the law library division, located on the LegalMatch website. 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. Law, Immigration Where Do I Report a Debt Collector for Breaking the Law? 3 attorney answers Posted on Jun 1, 2015 You can always sue. If your case is successful, you may be able to recover compensation for your financial losses, restore your reputation, and reestablish your credit score. Withdrawals from the victims bank accounts, Fraudulently accessing online accounts, or. Whether or not you have the right to sue a person or business for identity theft depends on the offenders actions and your state law. 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). If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. The bank is also responsible for verifying any address change that would allow a thief to order checks sent to a different address. Identity theft is a form of fraud that happens when an individual uses someone else's personal information (name, social security number, credit card number, etc.) You can even buy information about specific people so that you can assemble enough to secure a fake ID or open an account or convince AT&T to port your SIM card to a new phone. Reporting the incident to the Federal Trade Commission (FTC). One of those scams was 8 Figure Dream Lifestyle, which touted a proven business model and told Scammers are calling people and using the names of two companies everyone knows, Apple and Amazon, to rip people off. 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. 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. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. These entities include: Banks Credit Card Companies Credit Bureaus Merchants who process credit card transactions Government agencies Employers, and The next step is to file a report with your local police department . Banks and credit card issuers that process fraudulent transactions can be sued if it is shown they owe a duty of care to the victim. Morgan and Morgan is truly the best law firm! Please. The list of permutations is endless. Follow up your phone call with a written confirmation, including documents that serve as proof to your claim. Experian ProtectMYID Reviews: Is It the Best Option for You? [Our practice is primarily focused on large embezzlement and identity theft cases with a loss of $5 million or more. It is important to contact an attorney to discuss options that may be available to you if the police cannot be of assistance. This will pay off the outstanding loans without filing a lawsuit or court decision against you. to commit financial fraud for their own gain. Whether they have opened credit cards in your name, stolen your stimulus check, illegally accessed your bank accounts, or filed for unemployment in your name, it is considered a form of 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. Identity theft is often perpetrated by individuals. Start small, then add on. The bank will be responsible for covering any losses you might suffer from successful impersonation. It certainly feels devastating to face financial losses such asdamage to your creditscore or loss of money. Fired for Blowing the Whistle on Fraud or Illegal Conduct? If you lost $5 million or more in a sophisticated identity theft, we can help. 1028), credit card fraud (18 U.S.C. are ready to help you sue for unresolved errors on your TransUnion credit report. 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. Another way identity theft can occur is when someone is not careful with their personal data in public. When filing the report, provide relevant documentation including copies of. You have options for who to sue based on your case: There are various legal theories that may apply in an identity theft case. 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. 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It can take a significant amount of time to remove the reports of fraudulently obtained credit from your credit bureau report. Responding to a debt collectors lawsuit in court will likely put you in a better situation, cost you less in fees, and give you more control over how you repay the debt. We'll upload confirmation documents to your task for you to view, and if the contacts need more information, they will reach out to you personally via email or mail. (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. 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. Our attorneys may be able to help to recover financial losses and remedy other injuries you have suffered as a result. Report any problems you have with a debt collector to. Ask the credit bureaus to place a "fraud alert" on every open account. Having a police report filed is beneficial for many situations. You can find out if you qualify immediately. If your checks have been stolen, or if you suspect they have been used, call your bank or credit union and place stop payments on the compromised or missing checks. If your bank contributed to the identity theft, you may potentially sue. 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. 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. 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. Depending on the specifics of your case, the amount you can sue for, and potentially receive, will vary. Any other business that had possession of and may be responsible for the stolen information. If you believe you have been the victim of identity theft, the first step is to file a report with the police. Getting sued can be stressful, and many people dont know where to start. For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories and civil procedures. 2023 Fair Credit, LLC, All Rights Reserved. A credit report can help identify irregularities that could indicate this form of identity theft. However, in most cases, the offenders conduct will lead to state criminal charges. If you have any unpaid debts, your creditors can get the bank to freeze your account in order to satisfy your obligations. You need to notify the institution of the fraudulent transactions so that it can open an investigation. The real deep pockets in large identity theft cases are the banks or holders of the data. 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. (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. Little or none of that would be acceptable in a court of law. 1030), mail fraud (18 U.S.C. The online FTC reporting process begins by asking you to identify how the identity thief used your information. Terms of Service apply.