DoNotPay wants to help you understand the process of recovering from identity theft so that you are prepared to sue if possible. Whatever you do, dont ignore the lawsuit. I needed them 3 TIMES! Unfortunately, some of the great advancements in technology we have enjoyed over the past four decades, have been abused for malicious purposes. It allows you to place freezes on your credit report, which may help prevent further damage. Due to the complexities and potential hurdles of the legal process, it may be in your interest to consult an identity theft attorney. Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. 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;jHow to Report Identity Theft | ConsumerAffairs You need to notify the institution of the fraudulent transactions so that it can open an investigation. These can include credit card accounts, bank accounts, utility accounts, and cell phone accounts. However, the losses you incur can sometimes be greater than direct losses. your case, Georgia Possession of Tools for the Commission of Crime Lawyers, Georgia Felony Theft by Bringing Stolen Property into State Lawyers, Georgia Misdemeanor Theft by Shoplifting Lawyers, Georgia Second Offense Misdemeanor Theft by Shoplifting Lawyers, Georgia Felony Theft by Shoplifting Lawyers, Georgia Misdemeanor Theft by Bringing Stolen Property into State Lawyers, Georgia Misdemeanor Theft by Receiving Property Stolen in Another State Lawyers, Georgia Felony Theft by Receiving Property Stolen in Another State Lawyers, Georgia Misdemeanor Theft of Services Lawyer, Georgia Theft by Deception of an Elderly Person Lawyers, Georgia Misdemeanor Theft by Receiving Stolen Property Lawyers, Georgia Felony Theft by Receiving Stolen Property Lawyers, Georgia Misdemeanor Theft of Lost or Mislaid Property Lawyers, Georgia Felony Theft of Lost or Mislaid Property Lawyers, Georgia Criminal Misdemeanor Theft by Taking Lawyers, Georgia Theft by Taking Less than $5,000 Lawyers, Georgia Theft by Taking Exceeding $24,999.99 Lawyers, Georgia Misdemeanor Theft by Conversion Lawyers, Georgia Felony Theft by Conversion Lawyers, Nevada Grand Larceny of a Motor Vehicle Lawyers. For instance, a parent or guardian who already has the childs information in their possession may use it to take out loans or open credit card accounts. So, many of us might be looking for alternatives, like buying gifts locally or maybe from online marketplaces or sites you find through your social media accounts, online ads, or by searching Youve opened all your gifts, and now its time to open those post-holiday credit card statements. Get copies of documents related to the theft of your identity, like transaction records or applications for new accounts. Note:an ounce of prevention can go far. Services Law, Real Banks are often victims as well but that doesnt mean they cant be held liable for your losses. 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. 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. The bank is responsible for validating your true signature on all checks. Little or none of that would be acceptable in a court of law. LegalMatch Call You Recently? Another way identity theft can occur is when someone is not careful with their personal data in public. Learn about the cyber security threats, scams and data breaches that put your identity and finances at . information from identity theft and failed to maintain state-of-the-art security standards . Experian ProtectMYID Reviews: Is It the Best Option for You? Tex. In consumer cases, it can mean orders to help clean up your credit. "How much can you sue for identity theft?" Visit our attorney directory to find a lawyer near you who can help. As previously mentioned, the first thing a victim must do is to figure out who stole their identity. You may wonder if you're entitled to pursue a civil lawsuit against the offender(s). These entities include: Banks Credit Card Companies Credit Bureaus Merchants who process credit card transactions Government agencies Employers, and Identity Cloning:Identity cloning refers to all forms of identity theft in one; the thief literally takes over the other individuals identity, in every aspect of their life. Figuring out a legal theory to sue under can be difficult, especially since it can depend on the specific facts of your case. These laws protect the consumer against losses from identity theft, and require banks to use due diligence when extending credit. LifeLock Review: Is It Legitimate and Safe to Use? 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. Check with the company to determine if they will accept the affidavit. They can include any monies wrongfully taken from you, interest and other financial losses. They fought harder then I had intercepted. $0 cost to you. Thus, any fines the defendant is ordered to pay will go directly to the federal or state government. Copyright 2022, Thomson Reuters. Identity theft is a crime under federal law, and most states also have laws making it illegal. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits. 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. Jumbo Privacy Review: Is It Legit? Call us today for your FREE case review! Estate to commit financial fraud for their own gain. And despite what you may have seen in TV shows, you cant stop things by refusing to accept delivery or service of the lawsuit. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs), Online Law What are your rights if your bank account gets frozen? What's the Penalty for Using a Stolen Credit Card? This includes: In addition, it may be useful to consider getting a lawyer for identity theft issues. You can rest assured knowing we'll make the best case for you, so you can return to living your life as normally as possible. You typically cannot decide whether a person who stole and benefited from your identity faces criminal charges. ZIP The U.S. Department of Justice broadly defines identity theft as a term that applies to all types of crimes that involve obtaining and using someone elses personal data through fraud or deception for their own economic gain. Learn about getting and using credit, borrowing money, and managing debt. 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 amount that can be claimed will vary depending on the facts of that case. If a financial institution breaks laws established by the EFTA, you may be able to sue for damages in court.