Your attorney generals office can help you figure out your rights under your states law. This is just a small sample of the cases we accept. The Federal Trade Commission (FTC) supplies an Identity Theft Affidavit, which can be used to report new, unauthorized accounts opened with your stolen information. Federal law restricts your losses in credit card theft to $50 as long as you inform the bank or card company within 60 days of the issuance of the credit card statement. Federal Law provides for a liability cap of $50, if you suffer any losses in this way. to commit financial fraud for their own gain. Receiving unfamiliar bills in the mail or not receiving regular bills/mail, Unauthorized transactions on your financial statements, Receiving calls from fraud departments for suspicious activity, Unauthorized purchases or changes to your online accounts, Unfamiliar activity on your credit reports, Calls or letters from debt collectors for unfamiliar debt, Medical claims denied or being billed for services you didn't receive, You cannot file income taxes because you have supposedly already filed, Receiving notification that your information was compromised in a data breach, meaning you are at risk for identity theft. That can include a court order declaring that are not legally responsible for debts created in your or your business name. Any other legal theories listed under the state statute. If a bank has allowed identity theft to occur, you could potentially sue. The second step is to inform any bank or credit card that was impacted by the fraud. If the company is a government contractor and the hacked data potentially includes government data, there are rewards available under the False Claims Act. Most importantly, don't let your credit cards or checks out of your sight. Send a demand letter to the bank. DoNotPay will make sure your issue gets sent to the right place. 16 people have successfully posted their cases, 5 people have successfully posted their cases, 10 people have successfully posted their cases, 6 people have successfully posted their cases, 20 people have successfully posted their cases, 7 people have successfully posted their cases, 9 people have successfully posted their cases, Can't find your category? 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. Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. When filing the report, provide relevant documentation including copies of. We file reports and support you through the entire process. are ready to help you sue for unresolved errors on your TransUnion credit report. These are often a customer's first alert that an identity thief has had their hands in your bank account, credit cards, or other financial institutions. Step 2: Complete the FTC Identity Theft Report. A bank's liability for identity theft also extends to online banking identity theft. In the business theft cases we often see, the culprit is known to us. What to do about unwanted calls, emails, and text messages that can be annoying, might be illegal, and are probably scams. Many identity theft victims automatically believe that the bank / store / credit card issuer is always liable. Identity theft is a federal crime and in some cases also a state crime. Identity theft is often perpetrated by individuals. If you feel your rights under the FCRA have been violated by TransUnion, call 1-877-735-8600 to speak to our legal team. Law, Immigration Thank you. (5)Actual damages, attorneys fees, and costs, and any equitable relief that the court deems appropriate. Violators can be sent to prison for up to 15 years. 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 . An Illinois district court has allowed a couple to sue their bank on the novel grounds that . In what may be a first in Florida, a bank can be held liable for the failure to stop elder abuse arising from the draining of a senior's bank account by an abuser. You can sue the thief, as they are the ones responsible for your harm. She is broke and in jail. For instance, most children do not have a credit card, driver license, tax record history, or any other identifying information that leaves a trail. Contact information for major check verification companies are as follows: TeleCheck: 1-800-710-9898 or 1-800-927-0188, International Check Services: 1-800-631-9656. Lets say the company that was hacked is a large private hospital not owned by a public company. Identity theft is a form of fraud that happens when an individual uses someone else's personal information (name, social security number, credit card number, etc.) Little or none of that would be acceptable in a court of law. By responding to the lawsuit, either yourself or through an attorney, you can make sure the collector has to prove that you owe the debt, that the amount of the debt is correct, and the debt collector has the legal right to sue you to collect on it. Then, put a fraud alert on your credit and freeze your credit accounts if you are able to do so. 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. Jaclyn holds a J.D. What to know when you're looking for a job or more education, or considering a money-making opportunity or investment. 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. If you have a case, your lawyer can help you prepare and file it, as well as represent you on the matter in 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. 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. All rights reserved. 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. Today, many of the identity theft cases are caused by sophisticated hackers and organized crime. And despite what you may have seen in TV shows, you cant stop things by refusing to accept delivery or service of the lawsuit. $0 cost to you. The debt collector can also ask the court to award them additional money for collection costs, interest, and even attorneys fees. (This may not be the same place you live). You have options for who to sue based on your case: There are various legal theories that may apply in an identity theft case. I would recommend Morgan & Morgan to anyone because THEY CARE! That means the court can rule without hearing your side and the debt collector could win by default because you didnt show up. An attorney also will be helpful in dealing with creditors who believe you owe them money and collection agencies. The bank needs to verify any address changes when requested to send checks to a different address. Change direct deposits that are linked to your compromised accounts. Suing an individual requires that you have identified and pressed charges against the perpetrator and that they are convicted. PERIOD! Fla. 2015), Mrs. Ginder, an 81 year old woman, deposited her life savings into various Bank of America accounts. Contact information for the three major credit bureaus: EquifaxP.O. How Should I Respond To a Debt Collection Lawsuit? Certainly, the thief would be subject to punitive damages but as we discussed, collecting from someone in jail is nearly impossible. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. the statute of limitations has expired before the loss even occurs. You can check your state's laws by reviewing your state's consumer protection agency's website. However, it can be difficult to find them and their personal information. The papers that say the debt collector is suing you will tell you what to do. A similar lawsuit was filed against Wells Fargo in the U.S. District Court for the Southern District of Texas. There are numerous ways to steal a persons identity. They didnt steal it but may a legal responsibility to keep that data safe. Log in to DoNotPay and select the "Sue Now" product, Enter the dollar amount you are seeking for compensation, Select whether you want to serve a demand letter or file a claim in court, Describe the reasons for the lawsuit and submit any applicable details, including photo evidence. LifeLock Review: Is It Legitimate and Safe to Use? 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. Keep a written record of every conversation you have with the fraud departments. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits. 3 attorney answers Posted on Jun 1, 2015 You can always sue. The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! 2023 Fair Credit, LLC, All Rights Reserved. 1341), wire fraud (18 U.S.C. Plus, it's likely that thief will not have assets to recover if you're successful in a civil lawsuit. Here are the main steps to take if you get sued by a debt collector: Ignoring the legal notices and papers wont make the lawsuit go away. . Ask the creditors to contact you before they open new accounts or change current ones. Bank accounts opened at financial institutions in your name without your authorization are fraudulent accounts regulated by the states attorney generals office. These entities include: Banks Credit Card Companies Credit Bureaus Merchants who process credit card transactions Government agencies Employers, and ), 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. An experienced attorney can help you restore any legal and personal records that were altered due to the fraud. Banks are often victims as well but that doesnt mean they cant be held liable for your losses. 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).