Copyright 1999-2023 LegalMatch. Look over your records about the debt and any information you may have gotten from the collector . 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. Contact us. Whatever you do, dont ignore the lawsuit. If you were a little too jolly with your holiday spending, here are some tips to help you pay down your credit card debt. Sometimes. Close each account that has been compromised. If the offender is caught, it remains up to the prosecutor to decide whether or not to file charges. Whether or not you can file a civil lawsuit against the perpetrator, you should still speak with a consumer protection lawyer. If the prosecutor presses charges, the defendant will be tried and punished in criminal court. The attorneys at Francis Mailman Soumilas, P.C. A judgment will likely show up on your credit report and might make it harder to get credit in the future. 1028(a)(7). 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. Box 9532 Allen, TX 75013 To order your report: 1-888-EXPERIAN (397-3742) To report fraud: 1-888-EXPERIAN (397-3742) TDD: 1-888-972-0322www.experian.com. Here are the main steps to take if you get sued by a debt collector: Answer the lawsuit, which you may have to do in writing or by showing up to court or both. Credit cards are breached most frequently because criminals dont need the physical card anymore. In many identity theft cases it isnt even possible to figure out who hacked an account or breached a merchants database. Juvenile Court Proceedings: How It Differs from Adult Court. Lawyers who handle identity theft matters will be familiar with both federal and state laws, causes of action, and the overall process required to potentially reach a successful resolution. For instance, most children do not have a credit card, driver license, tax record history, or any other identifying information that leaves a trail. 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. It is almost always done for economic gain. If you have had your identity stolen, contact an identity theft attorney as soon as possible. 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. If granted, the defendant will be required to compensate the victim for any out-of-pockets costs resulting from the crime. When filing the report, provide relevant documentation including copies of. Experian ProtectMYID Reviews: Is It the Best Option for You? The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Thank you so much Morgan & Morgan! The bank that you're up against gets to pay witnesses to testify on their behalf and can order its own employees to do the same. It's easier than ever for thieves to impersonate you and use your credit card. Weve helped over 300,000 families. Contact us today & reclaim your financial future. 2023 Fair Credit, LLC, All Rights Reserved. Depending on the cause of action, extent of the injury, and intended defendant, there may be several forms of compensation available for the victim. Your situation may lead to federal charges if the offenders conduct crossed state lines, occurred on federal property, or violated a specific federal statute. 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. Law, Intellectual Third, you should improve your online protections. If a debt collector files a lawsuit against you to collect a debt, its important to respond either yourself or through an attorney. That means the court can rule without hearing your side and the debt collector could win by default because you didnt show up. 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. When companies delay, consumers and others are hurt. Banks are often victims as well but that doesnt mean they cant be held liable for your losses. Identity thieves can get the childs information by asking them for it in person, messaging them online, or by having access to them. Withdrawals from the victims bank accounts, Fraudulently accessing online accounts, or. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. In most states, you incur no liability for accounts opened in your name. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. Suing an individual requires that you have identified and pressed charges against the perpetrator and that they are convicted. The statute of limitations gives you a specific amount of time to file a case -- and you don't want to miss the deadline for filing a lawsuit. A stolen credit card number or security breach does not have to be reported to the FTC. File Report with the Federal Trade Commission (FTC). She allegedly accessed sensitive data belonging to 106,000,000 Capital One credit card applicants and users. To begin with, many local police departments lack the technology necessary to determine who committed the crime. Its the right thing to do. Some states have passed laws creating a cause of action specifically based on identity theft. It may be possible to sue a credit bureau or business that disclosed your credit information. As identity theft becomes more common, determining the identity of the thief has become a challenge for police, often leaving victims without legal recourse against the thieves themselves. What Are Some Examples of Online Impersonation Cases? Therefore, if you are a victim of identity theft, it may be in your best interest to hire a local identity theft attorney, or alternatively, a identity theft lawyer. 1030), mail fraud (18 U.S.C. Our Personal Injury LawyersHave Over 28,0005-Star Reviews. If you feel your rights under the FCRA have been violated by TransUnion, call 1-877-735-8600 to speak to our legal team. 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. Your attorney generals office can help you figure out your rights under your states law. The who with deep pockets are typically anyone who had possession of the information. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. 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. However, in most cases, the offenders conduct will lead to state criminal charges. We tailor each case to meet our clients' needs. $0 cost to you. 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). Step 2: Complete the FTC Identity Theft Report. A similar lawsuit was filed against Wells Fargo in the U.S. District Court for the Southern District of Texas. Contact Your Local Police Department. When applying for new credit, the banks are responsible for verifying the ID of any individual making the application. An experienced attorney can help you restore any legal and personal records that were altered due to the fraud. What's the Difference Between Civil and Criminal Court? Meeting with a lawyer can help you understand your options and how to best protect your rights. 1344). People with inside information about data breaches may be eligible for large cash whistleblower rewards. The fraudulent information must be removed from the credit report and an extended fraud alert protection must be assigned to the victims portfolio. You don't have to spend hours researching identity theft or trying to fill out forms correctly. All rights reserved. You dont pay until we win. Report any problems you have with a debt collector to. If you believe you have been the victim of identity theft, the first step is to file a report with the police. Send a demand letter to the bank. This is just a small sample of the cases we accept. State and federal laws are in place to protect consumers with a protocol that banks as well as consumers must follow. Sometimes, whistleblowers have information yet no rewards are possible. You can check your state's laws by reviewing your state's consumer protection agency's website. Possible theories that a victim of identity theft could sue under include: TheFederal Trade Commission (FTC) has steps you can takeafter identity fraud. Trying to build a case independently could have complications that could harm the outcome of your case. Ask the credit bureaus to place a "fraud alert" on every open account. Recovering stolen money and correcting any additional damage caused by identity theft, such as a damaged credit score or a tarnished reputation, can be a difficult task to undertake on your own. PERIOD! DoNotPay brings peace of mind when reporting and suing for identity theft, because you have expertise and experience behind you. Credit Cards Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . But, even if your specific state doesn't include such a provision, you still may be able to sue if you've been the victim of identity theft. about FindLaws newsletters, including our terms of use and privacy policy. Fired for Blowing the Whistle on Fraud or Illegal Conduct? Your lawyer can discuss what rights you have, what you can potentially recover, and whether you have a supportable case. These parties include: Depending on state laws and the circumstances of the case, a person may be able to sue any of these parties based on the following legal theories: Identity theft is a federal crime and in some cases also a state crime. You can sue the thief, as they are the ones responsible for your harm. 1029), computer fraud (18 U.S.C. Bankrate.com: 12 Steps for Victims of Identity Fraud, FDIC: Consumer Protection Topics - Cybersecurity. Ask for a copy of the police report. Kept me informed every step of the way about my case. Learn more Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. Given the number of ways an identity can be stolen, identity theft encompasses several theories of liability. State laws protect you for all losses in the event your checkbook is used without your knowledge. If you're worried. How Do I Sue for Identity Theft? Jaclyn holds a J.D. The reason for this is because they are better candidates for imposter purposes. Little or none of that would be acceptable in a court of law. Legality and Usage of Asbestos in the U.S. 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. If the person is caught and prosecuted big ifs, a court could order restitution. LEXIS 25562 (M.D. Many identity theft victims automatically believe that the bank / store / credit card issuer is always liable. Why Your Website's Terms and Conditions Matter. These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation.
