what type of lawyer handles idensity theft suits

Who are the lawyers for identity theft victims?

Lawyers for Identity Theft Victims The attorneys at Morgan & Morgan have experience navigating identity theft cases and work tirelessly to hold identity thieves and other parties accountable for their actions.

What are the different types of identity theft?

Business of Commercial Identity Theft: This occurs when an individual, usually a current or ex-employee, uses a business’s name to obtain credit. Identity Cloning: Identity cloning refers to all forms of identity theft in one; the thief literally takes over the other individual’s identity, in every aspect of their life.

Can I file a civil lawsuit after identity theft?

Whether or not you can file a civil lawsuit after identity theft depends on your state law. Identity theft has become all too common. In 2017, there were 16.7 million victims of identity fraud, according to Javelin Strategy & Research’s report “ 2018 Identity Fraud: Fraud Enter a New Era of Complexity .”

Is identity theft easy to detect and stop?

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. Did you know?

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.

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.

What are the three most common acts of identity theft?

The three most common types of identity theft are financial, medical and online.

Who is responsible for identity theft?

While the individual perpetrator of identity theft could be held liable, others may have liability as well. Often, these other liable parties are those that have access to sensitive personal information, such as your Social Security number or bank or credit card information.

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.

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.

How do you fight 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 is the punishment for identity theft from someone you know?

When it comes to penalties, RA 10175 penalizes any person found guilty of computer-related identity theft with imprisonment of prision mayor (6 years and 1 day to 12 years) or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both.

Can you go to jail for identity theft?

Receiving maximum sentences is rare. For the less sophisticated operation, sentences of anywhere between 6 months and 2 years is typically given. For a planned identity fraud that is skilfully put together, penalties may be between 2- and 7-years imprisonment.

Does FBI investigate identity theft?

As this Subcommittee is well aware, the FBI, along with other federal law enforcement agencies, investigates and prosecutes individuals who use the identities of others to carry out violations of federal criminal law.

Do banks cover identity theft?

Key Takeaways. The Federal Deposit Insurance Corporation (FDIC) is a deposit insurance program backed by the federal government that protects bank depositors for up to $250,000. The FDIC, however, does not cover instances of identity theft and the financial losses that may accompany it.

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.

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.

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 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 are some examples of ways criminals steal identities?

Aside from the specific examples provided above, some more general methods that are used to steal identities include: Robbery: A criminal can physically steal someone else’s personal information by robbing them of certain items, such as their driver’s license, social security card, debit or credit cards, and so on.

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.

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.

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, ...

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.

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.

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.

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.

Why do you need an attorney for identity theft?

When a business is at fault.

What is identity theft?

Identity thefttakes 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. Typically, someone else will use your personal information to fraudulently obtain money, goods, or services.

What are some examples of identity theft?

Common examples of identity theft include someone using your: 1 Credit or debit card to order items online; 2 Driver’s license while committing a crime; 3 Personal information to open up a new credit card in your name; 4 Personal information to obtain a loan in your name.

Is identity theft a federal crime?

There are both federal and state criminal laws against identity theft. Your situation may lead to federal charges if the offender’s conduct crossed state lines, occurred on federal property, or violated a specific federal statute. However, in most cases, the offender’s conduct will lead to state criminal charges.

Can you file a civil suit against someone who stole your identity?

However, you may have the option to file a civil lawsuit against the offender. Some states have passed laws creating a cause of action specifically based on identity theft.

Is there a federal law against identity theft?

There are both federal and state criminal laws against identity theft. Your situation may lead to federal charges if the offender’s conduct crossed state lines, occurred on federal property, or violated a specific federal statute. However, in most cases , the offender’s conduct will lead to state criminal charges. Every state has laws that cover identity theft, impersonation, and fraud.

Can an offender be charged with a crime?

However, in most cases, the offender’s conduct will lead to state criminal charges. Every state has laws that cover identity theft, impersonation, and fraud. You cannot control whether the offender is charged with a crime or not.

What is the right of a victim of identity theft?

Under federal law, for example, a victim of identity theft has a right to restitution not just for the actual harm incurred but also for the time spent trying to fix such harm. Many state laws provide additional remedies to victims, such as the ability to file suit against the perpetrators and recover damages.

How do identity thieves get information?

There are a variety of methods that identity thieves use to acquire personal information. Some of the more common methods include: 1 Stealing wallets or purses 2 Dumpster diving for discarded mail or other records 3 Stealing mail from the mail box or redirecting your mail to a different address 4 Telephone scams 5 Eavesdropping or surfing over your shoulder in public 6 Data breaches of financial institutions or major retail companies 7 Internet scams 8 Hacking

What happens if you get your identity stolen?

Identity theft is the type of crime that can cause significant damage that lingers for many years, especially when it results in a negative credit history or reputational harm. Because of this, it's important to take immediate action to protect yourself if you find that your identity has been stolen. Fortunately, there are many resources that can ...

Is identity theft a form of identity fraud?

Identity theft and identity fraud are often used interchangeably. However, while identity fraud refer s to a broad category of crimes involving the use of false identification, identity theft is a form of identity fraud that specifically involves the use of someone else's personal information. Identity theft is defined under federal law as ...

Can you file a lawsuit for identity theft in Florida?

In Florida, victims of theft can not only file suit, but can also recover triple the amount of actual damages incurred. An identity theft attorney can advise you of such rights as well as any relevant statutes of limitations.

Can an identity theft attorney contact you directly?

Also, if you retain an identity theft attorney, these entities, particularly debt collection agencies , will be prohibited from contacting you directly.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

What to do if you feel harassed?

No individual should live in fear of harassment; there are steps to take to curb incessant obstructions like harassment. Consulting with a harassment lawyer is the first step ...

What is the law against harassing phone calls?

Harassing phone calls represent an unwelcome intrusion on your privacy; the Federal Communications Act and an assortment of state laws prohibit all forms of telephone harassment. If you are a victim of telephone harassment, contact a harassment lawyer in your area to put an end to the aggressive party’s intrusive actions.

How to quell harassment?

Consulting with a harassment lawyer is the first step to quell your problem. Although there are a number of types of harassment, you should understand the legal issues associated with the activity before you contact a harassment lawyer. For starters, if you are being harassed over the telephone, having a basic knowledge ...

What is harassment in law?

In the legal sense, harassment is an intentional behavior that is found disturbing or threatening.

Is phone harassment a criminal offense?

Although one unwelcoming call may be deemed harassment, a single instance will not require the service of a harassment lawyer. Individuals who commit telephone harassment will be subject to fines, prison or both. Telephone harassment laws vary by state; in the majority of jurisdictions, telephone harassment is a criminal misdemeanor. ...