(Dont see what you are looking for? Step 2: Complete the FTC Identity Theft Report. If the company is a public company (even foreign) there may be rewards available under the SEC Whistleblower Program. What's the Difference Between Civil and Criminal Court? 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. 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. There are three types of damages that may be available in identity theft case: Compensatory damages are designed to make you whole. Meaning, the most . Change direct deposits that are linked to your compromised accounts. If the police capture the offender, they will conduct an investigation and submit their findings to the local district attorneys office. 1343), or financial institution fraud (18 U.S.C. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits. You can even buy information about specific people so that you can assemble enough to secure a fake ID or open an account or convince AT&T to port your SIM card to a new phone. Oftentimes, elderly persons will not know how to use technology or understand how it works. Library, Bankruptcy 1344). Simply follow the steps below to get started: That's all! However, you may have the option to file a civil lawsuit against the offender. Protect your financial information and only use it on trusted websites. They. Contacting an experienced identity theft attorney is an important step in complementing the governments investigation. The bank needs to verify any address changes when requested to send checks to a different address. Beyond the criminal penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings against 3rd party entities. Fired for Blowing the Whistle on Fraud or Illegal Conduct? Sit back and relax while we do the work. According to the Federal Trade Commission, identity theft is on the rise. If the person knows or law enforcement can find the person who is responsible for the identity theft, then they can be sued in both criminal and civil court. 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. If the person does not know the person or law enforcement cannot find them, then there may be other avenues for a victim to pursue for legal action. 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. Step Four:Report the identity theft to law enforcement officials. Find out how to hold banks responsible for allowing identity theft. is a common question among those who have unfortunately been the victim of this fraud. Once we guide you through the best options, we'll automatically submit the reports on your behalf! The questions, though, are whether you can win such a suit and what you would get by winning. As we said earlier, the nightmare doesnt end when your money is lost, it can get worse if the identity thief takes out credit in your name. Possible theories that a victim of identity theft could sue under include: TheFederal Trade Commission (FTC) has steps you can takeafter identity fraud. Whatever you do, dont ignore the lawsuit. Box 6790 Fullerton, CA 92634-6790 To order your report: 1-800-888-4213 To report fraud: 1-800-680-7289 TDD: 1-877-553-7803www.transunion.com, ExperianP.O. $0 cost to you. That simply isnt true and is why you need an experienced identity theft lawyer to assist you in recovering back your money. Be Informed About How Much Can You Sue for Identity Theft. Thus, it is very important to use safeguards to protect your personal data both offline and online. Request copies of your credit reports to examine them for fraudulent charges or new, unauthorized accounts opened under your name. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. If a bank has allowed identity theft to occur, you could potentially sue. 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." Weve helped over 300,000 families. If you've been the victim of identity theft and are wondering if you can file a civil lawsuit, it's a good idea to contact a personal injury attorney who can review the facts of your case to determine who you may have a claim against and what legal theories may apply to your specific situation. From the first phone call I made to them, they have been extremely compassionate, very helpful, and 100% professional. 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. The attorneys at Francis Mailman Soumilas, P.C. A credit report can help identify irregularities that could indicate this form of identity theft. Credit Cards However, it can be difficult to find them and their personal information. Another way identity theft can occur is when someone is not careful with their personal data in public. (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. Our specialists will walk you through your case and collect all the right information to win your case. 1029), computer fraud (18 U.S.C. The fourth step is to contact an experienced attorney to help you understand your rights and legal options. Identity thieves can divert your credit cards to a new address and proceed to charge thousands of dollars in your name. The duty they owe is even greater if the bank improperly allows money to be withdrawn from a victims account. You dont pay until we win. Click here. Law, Immigration Identity theft is a federal crime and in some cases also a state crime. Join us for our Community update on the impact of the Ohio train derailment this Saturday at 10AM EST. How to deal with identity theft using DoNotPay: And that's it! 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. The papers that say the debt collector is suing you will tell you what to do. What to do about unwanted calls, emails, and text messages that can be annoying, might be illegal, and are probably scams. Althoughidentity theftcan occur without using the internet, it does make this crime easier to commit. Third, you should improve your online protections. This post began with the question, How do I sue for identity theft? If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court. LifeLock Review: Is It Legitimate and Safe to Use? Even if you dont think you owe that debt. Get your free case review now or call us toll-free at 1-877-735-8600 today. She wasnt using the card data directly but was selling it on the dark web. Victims of identity theft are afforded several types of damages when initiating a civil claim. Login. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. How Should I Respond To a Debt Collection Lawsuit? The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Law, Employment Quick Guide to Do When Someone Steals Your Identity, Learn How to Report Identity Theft Easily, Reporting and Preventing Credit Card Fraud Has Never Been This Easy, Protect Yourself From Social Security Identity Theft. Liability will depend on the relevant federal and state laws, how much of your personal information was exposed, and other facts of the case. This can include the use of existing credit cards or withdrawals from established bank accounts. 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