what type of lawyer deals with identity theft

Full Answer

Do I need to hire a lawyer for identity theft?

You should hire an identity theft lawyer if your identity is stolen, and you cannot resolve related issues by yourself. Identity theft has long-reaching consequences on the victim, and an identity theft lawyer will help you navigate the complexities of your case.

What kind of lawyer do I need for identity theft?

• Filing a police report
• Filing a report with the Federal Trade Commission
• Contacting financial institutions to initiate fraud alerts or close accounts
• Contacting credit bureaus to remove fraudulent information from a credit report
• Contacting creditors or debt collection agencies

What does an identity theft attorney do?

• With the intent to fraudulently represent someone
• To make financial or credit transactions in the other person’s name
• To obtain anything of value, benefit, or advantage
• Or to avoid legal consequences

What to do if you are accused of identity theft?

What should you do if you’ve been a victim of identity fraud?

• Act quickly – you mustn’t ignore the problem. ...
• If you believe you’re a victim of identity fraud involving plastic cards (e.g. ...
• If you think you’re a victim of another kind of identity fraud, you must report the matter to the relevant organisation. ...

More items...

Who should you contact in case of identity theft?

the Federal Trade Commission (FTC)Report Identity Theft. Report identity (ID) theft to the Federal Trade Commission (FTC) online at IdentityTheft.gov or by phone at 1-877-438-4338. The FTC will collect the details of your situation.

How do you fight back against identity theft?

Deter identity thieves by safeguarding your informationShred financial documents before discarding them.Protect your Social Security number.Don't give out personal information unless you're sure who you're dealing with.Don't use obvious passwords.Keep your information secure.

What 4 things you do if you are a victim of identity theft?

Check all of your financial accounts. ... Identify accounts that were compromised. ... Put fraud alerts in place and freeze your credit reports. ... Change your passwords. ... Report your info to the FTC. ... Dispute fraudulent activity.

How much does it cost to deal with identity theft?

Identity fraud scams cost victims $43 billion and traditional identity fraud cost victims $13 billion, according to a 2021 study by Javelin Strategy & Research. The average loss for a victim of identity theft is $1,100, according to the Javelin study.

Is identity theft a felony?

Identity theft of credit, money, goods, services, or other property not exceeding $300 in value is a Class 4 felony. A person who has been previously convicted of identity theft of less than $300 who is convicted of a second or subsequent offense of identity theft of less than $300 is guilty of a Class 3 felony.

What is step one if someone steals your identity?

File a claim with your identity theft insurance, if applicable. Notify companies of your stolen identity. File a report with the Federal Trade Commission. Contact your local police department.

Do police Investigate identity theft?

The police need to confirm your identity, and requesting photo identification is an initial step to verify who you are. A government-issued photo ID can include a valid driver's license or passport, which you will submit to the police as you file the identity theft report.

How can I check to see if someone is using my Social Security number?

If you believe someone is using your Social Security number to work, get your tax refund, or other abuses involving taxes, contact the IRS online or call 1-800-908-4490. You can order free credit reports annually from the three major credit bureaus (Equifax, Experian and TransUnion).

How can I find out if someone is using my identity?

What you can do to detect identity theftTrack what bills you owe and when they're due. If you stop getting a bill, that could be a sign that someone changed your billing address.Review your bills. ... Check your bank account statement. ... Get and review your credit reports.

Are you financially responsible for identity theft?

If you report your identity theft to the FTC within two business days of discovering it, you will only be liable to pay $50 of any unauthorized use of your bank and credit accounts (under federal law). The longer you leave it, the more that financial liability falls on your shoulders.

Do you get money back from identity theft?

If money has been stolen from your bank account, then it is normally possible to get this money back, unless the bank shows that the fraud was able to occur because you knowingly allowed it to continue.

Is there insurance for identity theft?

Identity theft insurance is designed to cover some of the costs related to identity theft. It reimburses victims for money spent on reclaiming their financial identities and repairing their credit reports. Those costs can range from phone bills to legal help.

How to stop identity theft?

Remove unauthorized charges. Close your account to prevent additional fraudulent charges. Issue a new account number and card. It is also important to check your credit report to look for any other suspicious activity. Step Four: Report the identity theft to law enforcement officials.

Why is it difficult to prove identity theft?

Generally, identity theft cases are difficult to prove beyond a reasonable doubt because of a lack of sufficient physical evidence, which is commonly due to standard business policies.

What is fraud alert?

Follow up in writing. The Federal Trade Commission (FTC) supplies an Identity Theft Affidavit, which can be used to report new, unauthorized accounts opened with your stolen information.

What to do if your identity has been stolen?

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. Ask the credit bureaus to place a "fraud alert" on your credit report.

How to find out if a check has been stolen?

Dial 1-800-262-7771 to find out if stolen checks have been passed in your name. If you believe your accounts have been compromised, cancel the accounts and obtain new numbers. Change direct deposits that are linked to your compromised accounts.

What to do if your check has been stolen?

If your checks have been stolen, or if you suspect they have been used, call your bank or credit union and place stop payments on the compromised or missing checks.

What are compensatory damages for theft?

Compensatory damages for financial losses incurred as a result of the theft. Emotional damages may be available if the victim suffered emotional distress, such as anxiety or depression, from the theft. Punitive damages may be applicable if the victim’s personal information was intentionally or recklessly exposed.

What can an identity theft lawyer do for you?

An identity theft attorney will work to hold the thief responsible, recover financial losses, and repair damages you have experienced as a result. If someone is using your name to open accounts and make purchases, you may need a consumers’ rights attorney. They can recognize these signs and work ...

What is the number one cause of identity fraud?

The No. 1 cause of identity fraud is not from online identity theft, but from the old-fashioned burglary of your wallet, purse, and other personal identification. If you suspect someone has stolen your identity, contact an identity theft attorney.

Is identity theft easy to detect?

Identity theft is not always easy to detect, nor is it easy to stop. An identity theft fraud lawyer will recognize the signs when a theft has taken place, and know best how to help you get your identity back.

How can an identity theft attorney help you?

Some of the ways an identity theft attorney may be able to help you include: Contacting uncooperative creditors, credit bureaus, or debt collectors and dealing with them directly. Determining the appropriate legal action to take against uncooperative creditors, credit bureaus, and debt collectors.

What to do if you think you are a victim of identity theft?

If you think you may be a victim of identity theft, you should retain an identity theft attorney to help restore your stolen identity. Dealing with identity theft on your own can become overwhelming. An attorney who is specialized in consumer protection law will be able to make this difficult process less stressful for you.

Can identity theft be penalized?

When your identity is on the line, you should not take any risks. Identity theft is dangerous and needs to be penalized strictly. Contact an identity theft attorney in your area today.

What is identity theft lawyer?

What is an Identity Theft Lawyer? An identity theft lawyer or identity theft attorney is a lawyer with specific knowledge of the circumstances that surround identity theft. Identity theft can be complex and can involve the criminal justice system as well as institutions such as banks. An identity theft lawyer can help a victim navigate ...

What to do if someone is a victim of identity theft?

If an individual is or thinks they are a victim of identity theft, they should notify the authorities. If evidence is available, law enforcement will provide the case to the local District Attorney’s Office for prosecution.

What type of damages can a victim collect?

A victim may be eligible to collect: Compensatory damages; Punitive damages ; Emotional distress damages; and/or. An injunction. Compensatory damages are the most commonly awarded type of damages. These will cover financial losses incurred as a result of the identity theft.

What are the damages for identity theft?

These damages include additional monetary compensation and are meant to punish and deter the criminal from future crimes. Emotional distress damages may be available to a victim who suffered emotional distress as a result of the crime.

How can identity be stolen?

An individual’s identity can be stolen in several ways, including: Mail theft - Stealing mail from the mailbox including credit card offers and bank statements; Robbery - Taking someone’s wallet which usually includes personal information such as a driver’s license and credit cards;

Can credit cards be stolen?

Keeping debit and credit cards in a safe place where they will not be stolen; Using antivirus software on the home computer; Using a password or passcode on any electronic device that contains personal information and may be stolen; and/or.

Can identity theft be a criminal offense?

Identity theft can have serious and long-lasting consequences and it can be difficult to prove you did not, in fact, make a certain purchase or file false taxes. An individual may also end up with a criminal history if the identity thief used their information.

What Is Identity Theft?

Identity theft happens when someone you know or don't know assumes your identity with your personal information and opens new financial accounts. It's a serious crime that can create upheaval in your life.

Signs That You May Be a Victim of Identity Theft

The best way to avoid identity theft and the need for an attorney is to recognize the early signs. There are signs that you might notice early on, and these include:

What to Do if Your Identity Is Stolen

Quick action is the best way to deal with identity theft, and there are steps you should take as soon as you realize that your identity has been stolen. Here are a few:

How to Prevent Identity Theft

There are things you can do to avoid becoming a victim of identity theft. This includes:

How to Freeze Your Credit Report When You Experience Identity Theft

When you discover you've been the victim of identity theft, there are some steps you can take immediately to mitigate the damage, such as freezing your credit report. The three major credit bureaus and their contact information are:

Solve the Challenges of Finding an Identity Theft Lawyer With the Help of DoNotPay

There are times when your case of identity theft is so complicated that you need an identity theft lawyer to help you sort it out. It might be that you're being sued by creditors that you didn't open an account with. An identity theft lawyer specializes in your type of case and can help you deal with the situation.

Why Use DoNotPay to Help You Find an Identity Theft Lawyer

You can attempt to find an identity theft attorney on your own, but DoNotPay is the best choice. There are three main reasons to choose DoNotPay, such as:

How does the state represent identity theft victims?

When a person is a victim of a crime, the state represents his or her interests by pursuing criminal charges with the help of the county prosecutor or the US attorney. However, an identity theft victim may choose to retain counsel to help with a civil lawsuit against the defendant in case the state chose not to press charges or if the victim wants to pursue a case civilly. Additionally, a person may wish to retain an attorney to help with the process of correcting his or her credit information or the consequences of the illegal acts . An attorney may assist victims in the following ways:

How serious is identity theft?

Being charged with identity theft and related charges is very serious. You may be charged under federal identity theft laws, which carry very serious criminal penalties. Many states have also enacted their own identity theft laws. Individuals who are charged with crimes of this nature may choose to talk to a private attorney who can advise them on their options and help protect their rights. Defendants may wish to use the services of a private attorney rather than rely on legal representation from the overworked and busy public defender’s office. He or she may make certain recommendations, such as not talking to law enforcement outside the lawyer’s presence. He or she may also help effectuate a plea agreement that minimizes the defendant’s criminal exposure by offering restitution or other remedies in exchange for a lighter sentence. If the case goes to trial, the attorney represents the defendant at trial by asserting any relevant defenses.

How does identity theft occur?

One common cause is by retrieving discarded pre-approval notices for credit and submitting this information unbeknownst to the recipient of this communication. Identity theft may involve other crimes, such as mail fraud in which a perpetrator intercepts mail and redirects it to another location in order to use private information. Identity theft may also occur electronically when a perpetrator retrieves the victim’s credit information or infects the computer he or she is using by getting the victim to open up spam mail.

What can an attorney do to help a victim?

When making a notification to banks, the victim must often submit an affidavit. An attorney may help with the creation and wording of such documents.

Why do attorneys write subpoenas?

An attorney may prepare a letter or subpoena in order to acquire certain records from creditors and other agencies to assist in criminal prosecution or in support of a civil suit. This information can sometimes lead investigators to the perpetrator. For example, credit applications may contain the culprit’s physical address or telephone number.

What is identity theft?

Department of Justice broadly defines “ identity theft ” as a term that applies to all types of crimes that involve obtaining and using someone else’s personal data through fraud or deception for their own economic gain. For example, suppose a person saves their credit card information on their computer, to a web browser, ...

What type of damages can a victim recover from identity theft?

Punitive damages: In rare and extraordinary instances of identity theft, a victim may be able to claim punitive damages.

What is an injunction for identity theft?

Injunctive relief: Injunctions are court orders that require a defendant to take or refrain from a certain action. For identity theft purposes, the court may order the defendant to apologize, notify persons about the data exposure, and possibly release the victim from financial liability for debts they did not cause.

How do thieves get information from elderly people?

The second way that thieves obtain information for elderly persons is through theft by deception. The thief may pretend to be a long lost relative, medical personnel, or show up at their nursing home claiming to be a representative from their bank or other important business and have them sign paperwork.

Why do identity thieves target children?

Children are a major target of identity theft. The reason for this is because they are better candidates for imposter purposes.

What is computer fraud?

Computer Fraud: Computer fraud goes beyond standard hacking. This term may also apply to fraudulent website schemes, deleting sensitive government files, romance scams, and any other activities that happen online and result in a person becoming a victim of identity fraud. Social Media: Although this can fall under computer fraud as well, ...

How can criminals use children's information?

As such, criminals can use children’s information to establish lines of credit, obtain government IDs like passports or licenses, and take out a mortgage on a house. Identity thieves can get the child’s information by asking them for it in person, messaging them online, or by having access to them.