There are three types of damages that may be available in identity theft case: Compensatory damages are designed to make you whole. Always asked how I was doing and was prompt with responding to any of my questions or concerns. Step 2: Complete the FTC Identity Theft Report. They will also provide a personalized recovery plan with tools to help you move forward. What Is the Best and Most Secure Alternative to LifeLock? Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. You can use DoNotPay's Sue Nowservice to assist you in this process as well! Check with the company to determine if they will accept the affidavit. And the best news is that you can report and remain anonymous. This will allow you to discuss what your rights are, identify the parties you could sue, what you could recover, and whether you have a supportable case. Credit Cards Learn about the cyber security threats, scams and data breaches that put your identity and finances at . Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. For these reasons, it's very helpful to consult with a lawyer who is familiar with these legal theories and civil procedures. State laws protect you for all losses in the event your checkbook is used without your knowledge. She is broke and in jail. The bank needs to verify any address changes when requested to send checks to a different address. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes. Thieves can also pose as authority figures (e.g., school administrators), so that the child will feel obligated or trust them enough to give them the information. Identity theft refers to crimes in which someone wrongfully obtains and uses another persons personal data in some way that involves fraud or deception. We only get paid if we win. Meeting with a lawyer can help you understand your options and how to best protect your rights. Contact us today & reclaim your financial future. Otherwise, you could end up with a criminal history, fraudulent tax records, and a poor credit score all because a thief decided to steal your identity. your case, Georgia Possession of Tools for the Commission of Crime Lawyers, Georgia Felony Theft by Bringing Stolen Property into State Lawyers, Georgia Misdemeanor Theft by Shoplifting Lawyers, Georgia Second Offense Misdemeanor Theft by Shoplifting Lawyers, Georgia Felony Theft by Shoplifting Lawyers, Georgia Misdemeanor Theft by Bringing Stolen Property into State Lawyers, Georgia Misdemeanor Theft by Receiving Property Stolen in Another State Lawyers, Georgia Felony Theft by Receiving Property Stolen in Another State Lawyers, Georgia Misdemeanor Theft of Services Lawyer, Georgia Theft by Deception of an Elderly Person Lawyers, Georgia Misdemeanor Theft by Receiving Stolen Property Lawyers, Georgia Felony Theft by Receiving Stolen Property Lawyers, Georgia Misdemeanor Theft of Lost or Mislaid Property Lawyers, Georgia Felony Theft of Lost or Mislaid Property Lawyers, Georgia Criminal Misdemeanor Theft by Taking Lawyers, Georgia Theft by Taking Less than $5,000 Lawyers, Georgia Theft by Taking Exceeding $24,999.99 Lawyers, Georgia Misdemeanor Theft by Conversion Lawyers, Georgia Felony Theft by Conversion Lawyers, Nevada Grand Larceny of a Motor Vehicle Lawyers. . 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. The papers that say the debt collector is suing you will tell you what to do. When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. Although we do not handle individual consumer cases, we have published this post to help everyone.]. PDF Statement of Rights for Identity Theft Victims By law, your liability is limited to $50 for card-present fraud. They. Always go directly to the company's website rather than clicking on links in the emails. 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. In most cases, banks and credit card companies are only obligated to refund any stolen funds or illegal charges if reported within a short time frame, sometimes limited by contract and sometimes by federal law. Which Is Better? We will get you started immediately. You don't have to spend hours researching identity theft or trying to fill out forms correctly. Can You Sue a Bank for Allowing Identity Theft? Violators can be sent to prison for up to 15 years. You can learn more about Jaclyn here. Jaclyn holds a J.D. Id. You cannot control whether the offender is charged with a crime or not. Youve probably heard: this holiday season, it might be harder to find the gifts youre looking for. DoNotPay wants to help you understand the process of recovering from identity theft so that you are prepared to sue if possible. Close your account to prevent additional fraudulent charges. 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. With more financial transactions occurring over the telephone and Internet, it is easier than ever for thieves to steal your identity. It is important to contact an attorney to discuss options that may be available to you if the police cannot be of assistance. This typically includes: There are multiple ways to sue for identity theft. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. Banks are responsible for ensuring that anyone applying for credit has proper ID that can be verified. Law, Intellectual You may be able to sue for negligence, fraud, breach of fiduciary duty, invasion of privacy, conversation, breach of contract, emotional distress and other legal theories under state statute. Regardless of who the target is and how the thief does it, committing identity theft specifically against a child or an elderly person will result in severe legal penalties if convicted. Law, Insurance Thus, it is very important to use safeguards to protect your personal data both offline and online. What Are Some Examples of Online Impersonation Cases? Meaning, the most . You can also report identity theft to the police or through the Federal Trade Commission website on identity theft or by calling 1-877-ID-THEFT (438-4338). As for identity theft of elderly persons, thieves will usually accomplish this in one of two ways. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. In most states, you incur no liability for accounts opened in your name. For example, suppose a person saves their credit card information on their computer, to a web browser, or within a pre-filled form on a website. (C)That the claimant continued to pursue its claim against the victim after the claimant was presented with facts that were later held to entitle the victim to a judgment pursuant to this section. An Illinois district court has allowed a couple to sue their bank on the novel grounds that . You have options for who to sue based on your case: You can sue the thief, as they are the ones responsible for your harm. You can get a free report every year, along with a FREE case review in the event you spot irregularities and need further guidance on how to proceed. Kept me informed every step of the way about my case. However, organizations like banks, credit bureaus, and other businesses may have played a part in the crime. Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. This law created a new offense of identity theft, which prohibits knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law. 18 U.S.C. At the federal level there is theIdentity Theft and Assumption Deterrence Act. Identity theft is a federal crime, and the FTC is a federal law enforcement agency. Bank May be Liable for Failure to Stop Elder Abuse Updated your passwords, and make sure that each password is a complex mix of numbers, letters, and symbols. Does It Store My Password? When filing the report, provide relevant documentation including copies of. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Sadly, many companies do not report data breach cases. 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. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. 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. Today, many of the identity theft cases are caused by sophisticated hackers and organized crime. Hundreds of millions of records were taken. What Is the Bank's Liability If There Is Identity Theft? 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. You can sue for damages that happened because the collector broke the law expenses like lost wages or medical bills, or compensation for the effect the debt collectors actions had on your job or your health. What to do about unwanted calls, emails, and text messages that can be annoying, might be illegal, and are probably scams. Trying to build a case independently could have complications that could harm the outcome of your case. If theres one constant among scammers, its that theyre always coming up with new schemes, like the Google Voice verification scam. Look over your records about the debt and any information you may have gotten from the collector . Even if you dont think you owe that debt. 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, it can be difficult to find them and their personal information. When companies delay, consumers and others are hurt. 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. Several methods of attaining consumers personal information have been discovered. You may never know who committed the fraud using your personal information.