They just need the card number to start ordering online. Prompt reporting of a breach not only is right, its the law. Can I sue if my bank won't release my money? You need to notify the institution of the fraudulent transactions so that it can open an investigation. Before you can sue for identity theft, you will need to file numerous reports and notify various agencies. Contact us today & reclaim your financial future. As noted above, all inquiries are protected by the attorney client privilege and kept confidential. 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. Any other business that had possession of and may be responsible for the stolen information. If the civil lawsuit is successful, the victim could potentially recover: The Fair Credit Reporting Act (FCRA) also allows victims to request creditors and debtors stop reporting on the fraudulent accounts. State laws protect you for all losses in the event your checkbook is used without your knowledge. The Lyon Firm is actively involved in class action personal privacy and data theft cases and is currently investigating Hatch Bank data breach claims for plaintiffs nationwide.. If the civil lawsuit is successful, the victim could potentially recover: The Fair Credit Reporting Act (FCRA) also allows victims to request creditors and debtors stop reporting on the fraudulent accounts. This site is protected by Criminal Identity Theft:In some instances, an individual committing a criminal act will identify themselves as another person, typically with the use of fraudulent identification. Lets say the company that was hacked is a large private hospital not owned by a public company. This is just a small sample of the cases we accept. No liability is incurred by you, on accounts opened in your name. 1029), computer fraud (18 U.S.C. Identity theft is a federal crime and in some cases also a state crime. The statute of limitations gives you a specific amount of time to file a case -- and you don't want to miss the deadline for filing a lawsuit. Most importantly, don't let your credit cards or checks out of your sight. State laws and the specific circumstances of your case will affect who you can sue and what compensation you may be able to receive. Weve won over $15 Billion for our clients in cases of all types. A demand letter is a formal business letter that sets forth the facts of your dispute and what you want the bank to do to resolve the situation. You'll simply click on the . Can You Sue A Bank For Allowing Identity Theft? Victims of identity theft are afforded several types of damages when initiating a civil claim. . A federal law known as Gramm-Leach-Bliley Act (GBLA) regulates how banks may handle consumer information. Our process is fast and easy. If your bank contributed to the identity theft, you may potentially sue. Some states allow identity theft victims to sue under their identity theft laws. Some institutions may require that you file a police report when handling your identity theft case. If you are a victim of identity theft, you probably feel angry and anxious. So, if prevention fails and identity theft prevails, consider consulting an identity theft attorney to help you identify and recover your full potential damages. 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. How Do I Sue for Identity Theft? It is important to contact an attorney to discuss options that may be available to you if the police cannot be of assistance. Preventing identity theft is the best way to avoid all this, and regularly reviewing your credit reports (at the very least annually) will help. But, even if your specific state doesn't include such a provision, you still may be able to sue if you've been the victim of identity theft. There are a number of state and federal laws that make identity theft a crime. about FindLaws newsletters, including our terms of use and privacy policy. The bank that you're up against gets to pay witnesses to testify on their behalf and can order its own employees to do the same. It's easier than ever for thieves to impersonate you and use your credit card. An official website of the United States government. Thank you. The entire Morgan & Morgan team, including my case manager Michelle Hill, have been a blessing! Identity theft takes place whenever any other person uses your personal identifying information, such as your name, bank account numbers, credit card, or Social Security Number (SSN), without your permission. If you have a case, your lawyer can help you prepare and file it, as well as represent you on the matter in court. There are numerous ways to steal a persons identity. At the federal level there is theIdentity Theft and Assumption Deterrence Act. Liability will depend on the relevant Federal and State laws, how much of your personal information was exposed, and other facts of the case. You Can Sue - Ignored TransUnion Dispute & Report Errors What is Consumer Banking | Consumer Banking Lawyer | LegalMatch If your bank contributed to the identity theft, you may potentially sue. Be Informed About How Much Can You Sue for Identity Theft. If they do not know offhand, then they should file a report with their local police department. Victims of Childhood Sexual Abuse Legislation Stalled in PA House, Morgan and Morgan Join in on the Fun at Monster Jam Pit Party, Morgan and Morgans Response to the Jackson Water Crisis. We will get you started immediately. We only get paid if we win. If your identity was stolen as part of a data breach, you may be able to join class action lawsuits. 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. (6)A civil penalty, in addition to any other damages, of up to thirty thousand dollars ($30,000) if the victim establishes by clear and convincing evidence all of the following: (A)That at least 30 days prior to filing an action or within the cross-complaint pursuant to this section, he or she provided written notice to the claimant at the address designated by the claimant for complaints related to credit reporting issues that a situation of identity theft might exist and explaining the basis for that belief. Step 2: Complete the FTC Identity Theft Report. They can include any monies wrongfully taken from you, interest and other financial losses. If the person is caught and prosecuted big ifs, a court could order restitution. Call us anyway. 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. There are several theories of liability that victims of identity theft can utilize to seek compensation for their losses, including breach of fiduciary duty and negligence. That might mean writing a response and showing up to court, by any deadline listed in the court papers, regardless of whether you think you owe the debt or not. Law, Government You can potentially sue companies like banks or credit card companies, if it can be shown that they owed a duty of care to you (the victim). After that, you should consider if a consumer protection attorney can help you pursue a case. Jumbo Privacy Review: Is It Legit? Lets say you have bank accounts and credit cards at both Capital One and Chase, you stayed at a Marriott while on a business trip, visited a small retailer who process credit card payments through Heartland Payment Systems and bought some clothes at Target. According to Chase, your bank's mobile app can help keep you safe when shopping, with features such as mobile alerts and the ability to lock and unlock your debit card. When a thief gets enough of your personal data, they can use it to commit a wide range of identity theft crimes. Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. LifeLock Review: Is It Legitimate and Safe to Use? 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? The most important thing is to respond. We'll even mail a copy of your demand letter to the individual or business you are suing. If a debt collector breaks the law, you have one year from that date to sue that collector in a state or federal court. This possibility emphasizes the importance of ordering a copy of your credit report at least annually and reviewing every item on it. Request copies of your credit reports to examine them for fraudulent charges or new, unauthorized accounts opened under your name. If the offender is caught, it remains up to the prosecutor to decide whether or not to file charges. The papers that say the debt collector is suing you will tell you what to do. Depending on the cause of action, extent of the injury, and intended defendant, there may be several forms of compensation available for the victim. The point is that in the large data breach cases, you might not suffer a loss for years. Whether your issues are related to identity theftor not, we can help you file police reports in any city, or set up fraud alerts for the major credit bureaus, and do so much more to protect you, including: Whatever issue needs resolved, DoNotPayis here for you. Ideally, you would like to bring a lawsuit against the individual who stole your identity; however, these thieves are usually difficult to find. The duty they owe is even greater if the bank improperly allows money to be withdrawn from a victims account.