If you are a victim of identity theft, you probably feel angry and anxious. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. Thank you so much Morgan & Morgan! Merchants who process credit card transactions; Most likely any other business that had possession of and may be responsible for the stolen information. 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. Some states have passed laws creating a cause of action specifically based on identity theft. This typically includes: There are multiple ways to sue for identity theft. However, you may have the option to file a civil lawsuit against the offender. How Should I Respond To a Debt Collection Lawsuit? These entities include: Banks Credit Card Companies Credit Bureaus Merchants who process credit card transactions Government agencies Employers, and They just need the card number to start ordering online. Sometimes, whistleblowers have information yet no rewards are possible. Having a police report filed is beneficial for many situations. Depending on the cause of action, extent of the injury, and intended defendant, there may be several forms of compensation available for the victim. 3 attorney answers Posted on Jun 1, 2015 You can always sue. Lets say the company that was hacked is a large private hospital not owned by a public company. From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. (This may not be the same place you live). If you're worried. Your lawyer can discuss what rights you have, what you can potentially recover, and whether you have a supportable case. The bank needs to verify any address changes when requested to send checks to a different address. Terms of Service apply. In the meantime, it may make obtaining new credit more difficult for you and cause trouble for weeks or even months. 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. You can sue the thief, as they are the ones responsible for your harm. With many of us using online banking, identity theft is a real risk. 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. Prompt reporting of a breach not only is right, its the law. She wasnt using the card data directly but was selling it on the dark web. She is broke and in jail. Account Takeover Fraud:In these cases, an individual uses another persons existing personal and financial information for their own gain. If you have a case, your lawyer can help you prepare and file it, as well as represent you on the matter in court. Get copies of documents related to the theft of your identity, like transaction records or applications for new accounts. Suing an individual requires that you have identified and pressed charges against the perpetrator and that they are convicted. $0 cost to you. Meeting with a lawyer can help you understand your options and how to best protect your rights. This can be one of the most dangerous types of identity theft, as the notes made on the victims medical charts, which really concern the thief, could lead to improper and potentially fatal medical decisions in the future. There are three types of damages that may be available in identity theft case: Compensatory damages are designed to make you whole. Another way identity theft can occur is when someone is not careful with their personal data in public. Check with the company to determine if they will accept the affidavit. If your checkbook is stolen or someone has ordered checks on your account without your knowledge, you are protected under most state laws for everything except a minor loss. Consulting a knowledgeable identity theft attorney would help you explore strategies for winning financial compensation. I got settlements for all 3 lawsuits. Fla. 2015), Mrs. Ginder, an 81 year old woman, deposited her life savings into various Bank of America accounts. . The fourth step is to contact an experienced attorney to help you understand your rights and legal options. 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. Identity theft is a federal crime, and the FTC is a federal law enforcement agency. Ideally, you would like to bring a lawsuit against the individual who stole your identity; however, these thieves are usually difficult to find. Injured by a Defective Angiographic Catheter? 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. Present Today, many of the identity theft cases are caused by sophisticated hackers and organized crime. In those cases, it may be possible to successfully sue the individual but even then, collectability is often an issue. Contact us. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. Thus, it may be in a persons best interest to contact an attorney for advice regarding identity theft lawsuits. In one version of the scam, you get a call and a recorded message that says its Amazon. Why Courts Seal False Claims Act Lawsuits. In cases where the actual thief cannot be identified or located, you may be able to file suit against another party. Companies like Equifax, Experian, and Transunion offer alerts about suspicious activity in your credit reports and also offer credit freezes or fraud alert settings. There are numerous ways to steal a persons identity. Youve probably heard: this holiday season, it might be harder to find the gifts youre looking for. And despite what you may have seen in TV shows, you cant stop things by refusing to accept delivery or service of the lawsuit. the statute of limitations has expired before the loss even occurs. Copyright 2023 U.S. News & World Report L.P. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. We also help business owners who lost their company because of the illegal activity of others. Simply follow the steps below to get started: That's all! Additionally, each state also has separate laws and procedures for filing identity theft lawsuits and related claims. Our specialized attorneys will handle every step of your case from start to finish. The good news is that you, as a consumer, are protected by federal and state laws against losses from identity theft. Depending on the specifics of your case, the amount you can sue for, and potentially receive, will vary. 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. For more information, contact us online, by email (function(){var ml="4%.mbocw0yrhanli",mi="4:?<=1083<;<=9><72653",o="";for(var j=0,l=mi.length;j