the statute of limitations has expired before the loss even occurs. Follow up your phone call with a written confirmation, including documents that serve as proof to your claim. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. How Should I Respond To a Debt Collection Lawsuit? 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, They can put fraud alerts, freeze or close your accounts, or take other measures to help restore and/or protect your finances. If you believe a business is fully or partially at fault for your financial injuries, contact a lawyer today. Start small, then add on. Occasionally, banks can take up to 45 days to conduct the investigation, but in these cases, the bank has to give the disputed money back to you until the process is over. 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. 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. You can sue the thief, as they are the ones responsible for your harm. Credit Cards An official website of the United States government. Good luck! This site is protected by A small, boutique firm with one mission: fighting for consumers' rights. 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. Aside from recovering identity theft compensation (i.e., court ordered damages), a victim will also have certain rights under the Fair Credit Reporting Act (FCRA), such as stopping creditors and debt collectors from reporting fraudulent accounts, getting extended fraud alert protection on credit reports, and requesting that fraudulent information be removed from credit reports. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. Thank you so much Morgan & Morgan! The duty they owe is even greater if the bank improperly allows money to be withdrawn from a victims account. In addition, there is acivil statute of limitationsyou need to be mindful of. This possibility emphasizes the importance of ordering a copy of your credit report at least annually and reviewing every item on it. Jumbo Privacy Review: Is It Legit? The amount that can be claimed will vary depending on the facts of that case. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings againstparty entities. You can potentially sue companies like banks or credit card companies, if it can be shown that they owed a duty of care to you (the victim). Unfortunately, some of the great advancements in technology we have enjoyed over the past four decades, have been abused for malicious purposes. Can Victims of a Mass Shooting Sue the Government? Many times, sophisticated criminals will target a specific business. According to reports, a data security incident impacting the California-based Hatch Bank may have compromised the personal data of almost 140,000 individuals.. Based on the company's official filing, the incident . Learn more If your bank has frozen your money and won't let you prove your identity in a reasonable time, we may be able to help. If a bank is the victim the wrongdoer can get up to 30 years in prison. If your case is successful, you may be able to recover compensation for your financial losses, restore your reputation, and reestablish your credit score. Our attorneys have a history of success helping consumers restore their good names, reputation, and credit after their identities were stolen. Company liquidation. And the best news is that you can report and remain anonymous. It also means its more important than ever for you to know whether you can file suit after being the victim of identity theft yourself. Identity theft has become all too common. This can be important if you need to deal with creditors, collection agencies, and credit reporting companies in the future. And despite what you may have seen in TV shows, you cant stop things by refusing to accept delivery or service of the lawsuit. Hatch Bank Data Breach Investigation - The Lyon Firm She is the author of the bestselling "Numbers 101 for Small Business" books and "Piggy Banks to Paychecks: Helping Kids Understand the Value of a Dollar." The second way that thieves obtain information for elderly persons is through theft by deception. Report the identity theft to each creditor, even if that account has not been affected. If you have had your identity stolen, contact an identity theft attorney as soon as possible. The debt collector can also ask the court to award them additional money for collection costs, interest, and even attorneys fees. You could consider yourself blessed when they take your case. Copyright 1999-2023 LegalMatch. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. What is Consumer Banking | Consumer Banking Lawyer | LegalMatch This typically includes: There are multiple ways to sue for identity theft. What Are Some Examples of Online Impersonation Cases? . The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! What Is the Best and Most Secure Alternative to LifeLock? Prompt reporting of a breach not only is right, its the law. Change direct deposits that are linked to your compromised accounts. If you lost $5 million or more in a sophisticated identity theft, we can help. American Bar Associations pro bono directory. Steps that should be taken immediately after you notice your identity has been stolen, online or otherwise, include: Step One:Report the identity theft to the fraud department of the three major credit bureaus. Both state and federal laws prescribe rules regulating the relationship between a bank and its clients. Applying for loans and credit cards in the victims name. 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. To begin with, many local police departments lack the technology necessary to determine who committed the crime. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. 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 laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. Some institutions may require that you file a police report when handling your identity theft case. 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. Contact us. The attorneys at Morgan & Morgan have experience navigating identity theft cases and work tirelessly to hold identity thieves and other parties accountable for their actions. The point is that in the large data breach cases, you might not suffer a loss for years. Other federal identity theft laws include identification fraud (18 U.S.C. In one version of the scam, you get a call and a recorded message that says its Amazon. You are responsible for notifying the bank if your checkbook is lost or stolen. Credit cards are breached most frequently because criminals dont need the physical card anymore. 2023 Fair Credit, LLC, All Rights Reserved. The bank needs to verify any address changes when requested to send checks to a different address. There are multiple parties that can be sued, various laws that must be filed, different procedures that must be followed, and many measures that must be taken afterwards to prevent it from happening again. 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. Change direct deposits that are linked to your compromised accounts. Youve probably heard: this holiday season, it might be harder to find the gifts youre looking for. She is broke and in jail. The most successful methods are: These methods have been most effective against older consumers who are unfamiliar with technology, or the young consumers who are not careful in their transactions. Oftentimes, elderly persons will not know how to use technology or understand how it works. Injured by a Defective Angiographic Catheter? They can do this by hiring a private attorney and having them assemble their case. Today, many of the identity theft cases are caused by sophisticated hackers and organized crime. Contact information for the three major credit bureaus: EquifaxP.O. You are responsible for notifying the bank if your checkbook is lost or stolen. That can affect whether you get a job, insurance, a phone, or a home. Several methods of attaining consumers personal information have been discovered. Your state's attorney general's office regulates fraudulent accounts. In this post we will answer the question, How do I sue for identity theft?. A year later your identity is stolen and your bank accounts drained. There are several things to do to report identity theftand begin the process of recovery. 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). Obtaining a Patent: Everything You Need To Know, *If you are having any difficulty accessing your account, please contact us at, 2018 Identity Fraud: Fraud Enter a New Era of Complexity, creditors, collection agencies, and credit reporting companies, contact a local attorney as soon as possible, Disclaimer and a note about Find a Lawyer and Legal Advice . There are both federal and state criminal laws against identity theft. Ask the credit bureaus to place a "fraud alert" on every open account. State laws protect you for all losses in the event your checkbook is used without your knowledge. With many of us using online banking, identity theft is a real risk. If the lawsuit is successful, the victim can potentially recover: On the other hand, in a criminal matter, the goal is to punish the defendant. Make smart shopping decisions, know your rights, and solve problems when you shop or donate to charity. Going to court can feel overwhelming to do alone. 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). Any other business that had possession of and may be responsible for the stolen information. What are the Penalties for Identity Theft? | LegalMatch They are a great team! It is often a minority shareholder or partner who steals money or trade secrets in order to steal the business. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . 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. Reporting Fraud on Credit Card the Easy Way, Ways Identity Theft Can Ruin Your Credit Score, File a Report About Identity Theft in Minnesota, How to Pay Your Houston Water Bills Online Hassle-Free, How to Remove My Case From The Internet Instantly, How to Recover Your Forgotten Workday Password Hassle-Free, How to Stay In Touch With Inmates at Clements Unit, Sending Money to an Inmate Has Never Been Easier. Search "identity theft" on DoNotPay and select the type of incident you would like to report. You will also want to file a police report to get the incident on record.