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. 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. They can put fraud alerts, freeze or close your accounts, or take other measures to help restore and/or protect your finances. It is important to contact an attorney to discuss options that may be available to you if the police cannot be of assistance. You can use DoNotPay's Sue Nowservice to assist you in this process as well! Note:an ounce of prevention can go far. We have seen cases where hundreds of thousands of dollars and more were taken in a single fraudulent wire or forged check. Zander vs LifeLock: What's the Difference? A credit report can help identify irregularities that could indicate this form of identity theft. Sit back and relax while we do the work. If a hacker gains access to it and uses it to purchase things, then this would be considered an act of identity theft. Identity theft can be scary and stressful. File a report with the law enforcement agency holding jurisdiction over the area where the identity theft took place and be sure to get a case number for the file. Consumer level cases are a different story. 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. The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! Submit your case to start resolving your legal issue. The who with deep pockets are typically anyone who had possession of the information. We tailor each case to meet our clients' needs. ), February 3, 2022 By Tim Granitz, Managing Partner at Mahany Law, Whistleblowers alerting the government to alleged fraudulent conduct by the Ohio-based drug distributor, Cardinal Health, Read More, The Reigning King of Qui Tam (whistleblower) Actions in the United States, Covert Ops in the War Against the C-Suite Mafia, Active Defective Product and Dangerous Drug Investigations, Tim Granitz, Managing Partner at Mahany Law, Identity Theft and Assumption Deterrence Act, Ohio-Based Cardinal Health Inc. Agrees to Pay $13 Million to Settle Healthcare Fraud Brought by Whistleblowers, Whistleblowers Lead to $7.4 Million Settlement in Improper Billing Case Against NY, NJ Doctor Amit Poonia, MD, Triple Crown of Fraud Customs Evasion, Vet Scam, and Helping the Chinese, Need for Defense Contractor Whistleblowers. Follow up in writing. For example, California enacted a law to protect victims who now find themselves with debts or bills that someone took out in their name. 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. Depending on the cause of action, extent of the injury, and intended defendant, there may be several forms of compensation available for the victim. An Illinois district court has allowed a couple to sue their bank on the novel grounds that . Your situation may lead to federal charges if the offenders conduct crossed state lines, occurred on federal property, or violated a specific federal statute. This typically includes: There are multiple ways to sue for identity theft. It is often a minority shareholder or partner who steals money or trade secrets in order to steal the business. For more information, contact attorney Brian Mahany online, by email document.getElementById("eeb-845689-425495").innerHTML = eval(decodeURIComponent("%27%62%72%69%61%6e%40%6d%61%68%61%6e%79%6c%61%77%2e%63%6f%6d%27"))*protected email* or directly 414-704-6731. These entities include: If any partys negligence contributed to your losses, you may be able recover financial compensation. Make smart shopping decisions, know your rights, and solve problems when you shop or donate to charity. These include: If you have had your identity stolen, you may have legal recourse against a number of parties. 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). This is difficult to detect and can become very costly. We have helped over 300,000 people with their problems. Copyright 2022, Thomson Reuters. Our attorneys may be able to help to recover financial losses and remedy other injuries you have suffered as a result. (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. She is a chartered accountant, certified management accountant and certified public accountant with a Bachelor of Arts in economics from Wilfrid Laurier University. You will need to prove you were the victim of identity theft to avoid these charges and to ensure your credit report and score are accurate. Having youridentity stolencan be very difficult, especially since you may not discover it until much later on. They. Tell us more about the incident that occurred, including the location, date, time, financial loss, and any suspect information you may have. We handle consumer cases as class actions although a few hundred or thousand dollars means a lot to you and us, it simply isnt economically feasible to handle a single case.]. File Report with the Federal Trade Commission (FTC). Many small claims courts require you to make an effort to resolve your dispute before you file a lawsuit in court. It is the bank's responsibility to ensure that all checks bear your true signature. LegalMatch Call You Recently? Call the major check verification companies and ask that they tell retailers who use their databases not to accept your checks because they may be stolen. Get Your FREE Case Review Both state and federal laws prescribe rules regulating the relationship between a bank and its clients. "How much can you sue for identity theft?" 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. 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. That can affect whether you get a job, insurance, a phone, or a home. Company liquidation. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes. Banks must perform due diligence when extending credit, and they typically cover all losses against identity theft, even though federal law mandates that consumers must shoulder up to $50 of credit card loss. Login. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. LegalMatch, Market Notifying the three major credit bureaus is important. A year later your identity is stolen and your bank accounts drained. Alert every financial institution where you have accounts of any kind. Using information to obtain false identification. Identity Theft.gov The federal government's 1-stop resource for victims. We only get paid if we win. The type of claim you file will hinge on the type of identity theft you have been the victim of, as well as the facts particular to your case. Visit our attorney directory to find a lawyer near you who can help. Often you won't know until a credit card app, security app, or credit report alerts you that a social security number, credit card number, or sensitive personal information was stolen. ), a . A federal law known as Gramm-Leach-Bliley Act (GBLA) regulates how banks may handle consumer information. She allegedly accessed sensitive data belonging to 106,000,000 Capital One credit card applicants and users. Contacting an experienced identity theft attorney is an important step in complementing the governments investigation. You'll simply click on the . Search "identity theft" on DoNotPay and select the type of incident you would like to report. You typically cannot decide whether a person who stole and benefited from your identity faces criminal charges. Office of Consumer Affairs. After that, you should consider if a consumer protection attorney can help you pursue a case. Step Two:Contact the fraud department of each of your creditors. Experian ProtectMYID Reviews: Is It the Best Option for You? What's the Penalty for Using a Stolen Credit Card? 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. The second way that thieves obtain information for elderly persons is through theft by deception. Before sharing sensitive information, make sure youre on a federal government site. 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. Depending on the specifics of your case, the amount you can sue for, and potentially receive, will vary. Its the right thing to do. Identity theft is a federal crime and in some cases also a state crime. Be Informed About How Much Can You Sue for Identity Theft. If you're worried. There is widespread belief that Uber waited a year before reporting their data breach. Call us anyway. Anxiety goes from a 10 to 0! Communicated in many ways to make sure I understood. In 2017, there were 16.7 million victims of identity fraud, according to Javelin Strategy & Researchs report 2018 Identity Fraud: Fraud Enter a New Era of Complexity. The research organization noted that not only is this a record high, but fraud schemes often target one person across several organizations. Children are a major target of identity theft. Does It Store My Password? Last Updated: Dec 04, 2022 As a victim of identity theft, you may take action against 3rd party entities. To read more about steps you can take if you think you have been the victim of identity theft, visit the federal government's websit.e Ask for a copy of the police report. And . Companies like Equifax, Experian, and Transunion offer alerts about suspicious activity in your credit reports and also offer credit freezes or fraud alert settings. See what they have to say. Protect your financial information and only use it on trusted websites. Going to court can feel overwhelming to do alone. & The profession of identity theft is growing and developing all the time. How to protect your personal information and privacy, stay safe online, and help your kids do the same. It certainly feels devastating to face financial losses such asdamage to your creditscore or loss of money. 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. It allows you to place freezes on your credit report, which may help prevent further damage. Under California Civil Code section 1798.93: "A person who proves that he or she is a victim of identity theft shall be entitled to a judgment providing all of the following, as appropriate: (1) A declaration that he or she is not obligated to the claimant on that claim. Hiring a private attorney and having them assemble your case will allow you to navigate parts of the case that could be difficult on ones own.