Notifying the three major credit bureaus is important. This can include the use of existing credit cards or withdrawals from established bank accounts. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. 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. If you were a little too jolly with your holiday spending, here are some tips to help you pay down your credit card debt. To learn more about how our attorneys may be able to help you, please fill out ourno cost case review formtoday. These can include credit card accounts, bank accounts, utility accounts, and cell phone accounts. These include fraud, negligence, breach of fiduciary duty, invasion of privacy, intentional infliction of emotional distress, and conversion (use of victims information without permission). State laws protect you for all losses in the event your checkbook is used without your knowledge. As a victim of identity theft, you may take action against 3rd party entities. You can check your state's laws by reviewing your state's consumer protection agency's website. Filing a report with the local police department is beneficial if you know the individuals identity who has committed the fraud against you, or if your identity was used in police encounters, like traffic citations or arrests. Banks typically cover all losses against identity theft; but what happens if they dont? What Is the Bank's Liability If There Is Identity Theft? Although your financial liability for identity theft may be limited, the best course of action is to prevent it in the first place. Step Three:Contact your bank or financial institution. Basically, if a bank shares a person's nonpublic personal information with another entity, a person can file . Youve probably heard: this holiday season, it might be harder to find the gifts youre looking for. If youre a victim of credit reporting/background check errors, or debt collection harassment, its time to take a stand. Suing a business may be right for you, but it also is more complicated. The reason for this is because they are better candidates for imposter purposes. Forfeiture of any personal property used to commit or that were gained from the crime. Our firm helps consumers get access to their bank accounts using state consumer protection laws and a federal statute called EFTA (the Electronic Funds Transfer Act). No liability is incurred by you, on accounts opened in your name. All rights reserved. Merchants who process credit card transactions; Most likely any other business that had possession of and may be responsible for the stolen information. Thank you so much Morgan & Morgan! 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. We've helped more than 6 million clients find the right lawyer for free. 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. They were caring and concerned about my case. Get Your FREE Case Review Both state and federal laws prescribe rules regulating the relationship between a bank and its clients. 2. 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. 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. Account Takeover Fraud:In these cases, an individual uses another persons existing personal and financial information for their own gain. All inquiries kept completely confidential. 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, 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. It is best to contact a local attorney as soon as possible to discuss your options. The first is by taking advantage of their lack of knowledge about technology. Always asked how I was doing and was prompt with responding to any of my questions or concerns. Identity theft is a crime that can set a victim back in ways beyond financial loss, such as a loss of time and emotional distress. A federal law known as Gramm-Leach-Bliley Act (GBLA) regulates how banks may handle consumer information. An attorney also will be helpful in dealing with creditors who believe you owe them money and collection agencies. Identity theft is often perpetrated by individuals. This will allow you to discuss what your rights are, identify the parties you could sue, what you could recover, and whether you have a supportable case. Check with the company to determine if they will accept the affidavit. Updated your passwords, and make sure that each password is a complex mix of numbers, letters, and symbols. You can use DoNotPay's Sue Nowservice to assist you in this process as well! Once we guide you through the best options, we'll automatically submit the reports on your behalf! Report any problems you have with a debt collector to. Maybe the hack of Uber didnt get your social security number but one of the other hacks did. What Is the Best and Most Secure Alternative to LifeLock? 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. For instance, most children do not have a credit card, driver license, tax record history, or any other identifying information that leaves a trail. Juvenile Court Proceedings: How It Differs from Adult Court. 4. If you're worried. Close each account that has been compromised. A credit report can help identify irregularities that could indicate this form of identity theft. They can include any monies wrongfully taken from you, interest and other financial losses. She is broke and in jail. Ideally, you would like to bring a lawsuit against the individual who stole your identity; however, these thieves are usually difficult to find. 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