what type of lawyer handles identity theft and fraudulent purchasses

Full Answer

What is identity theft fraud and how can a lawyer help?

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? 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.

What does a fraud lawyer do?

There are laws help to provide fraud protection for both consumers and businesses and that is what fraud lawyers specialize in. It may appear that any transaction that appears shady is fraud; but to be legally actionable, there are at least four elements that must be proven in order for it to be considered fraud by the courts:

How does the Department of Justice prosecute identity theft cases?

The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act.

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?

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.

When someone steals your personal information and uses it to make illegal purchases it is called?

What Is Identity Theft? Identity theft is the crime of obtaining the personal or financial information of another person to use their identity to commit fraud, such as making unauthorized transactions or purchases.

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.

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.

Can I report identity theft to the FBI?

General Fraud and Other Criminal Matters Contact the FBI at (202) 324-3000, or online at www.fbi.gov or tips.fbi.gov. Contact the Department of Health and Human Services, Office of the Inspector General at 1-800-HHS-TIPS, or online at www.oig.hhs.gov.

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.

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.

What is synthetic identity theft?

A synthetic identity is a combination of fabricated credentials where the implied identity is not associated with a real person. Fraudsters may create synthetic identities using potentially valid social security numbers (SSNs) with accompanying false personally identifiable information (PII).

What are four types of identity theft crimes?

The four types of identity theft include medical, criminal, financial and child identity theft. Medical identity theft occurs when individuals identify themselves as another to procure free medical care.

What are the top 7 identity theft categories?

Here are some common types defined, and some actions you might consider to combat them:Financial identity theft. ... Tax identity theft. ... Medical identity theft. ... Employment identity theft. ... Child identity theft. ... Senior identity theft.More items...

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.

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?

Identity theft and fraud is the intentional or deliberate use of another person’s identity and personal information to complete transactions, make purchases, obtain an unfair advantage, or commit a crime. In many cases, but not always, identity theft and fraud cause a detriment or loss to the person whose identity was assumed.

Is identity theft a felony in New York?

Identity theft in the second degree, identity theft in the first degree, and aggravated identity theft are all felony offenses in New York that could lead to a lengthy jail sentence. Plus, the long-term repercussions of a fraud offense on your criminal record are serious.

How Does Identity Fraud Happen?

Identity fraud is committed when someone takes stolen personal information and commits a crime using that information. Someone may commit identity fraud without committing identity theft, if they did not personally steal the information, but simply use it for criminal purposes.

What are Some Common Ways in Which Identity Fraud is Committed?

What are some of the specific criminal acts committed with stolen personal information, which would qualify as identity fraud?

Can I Commit Identity Fraud If I Did Not Use the Information for Personal Gain?

Yes, identity fraud can be committed without any personal gain accruing to the person who commits it. All that is required is that the individual who commits the crime obtain, possess or use someone else’s stolen identifying information to commit the crime.

What are the Penalties I Face If I am Convicted of Identity Fraud?

States vary in their criminal penalties for identity fraud. There are separate identity fraud laws at the federal level, which, accordingly, have a separate set of penalties. in general, though, if you are convicted of identity fraud, you could face:

Should I Contact a Criminal Lawyer about Identity Fraud?

Identity fraud is a very serious crime that can result in serious penalties, if you are convicted of it. If you are accused of identity fraud, contact a criminal lawyer to determine your best defense.

1. Report Your Identity Theft

Credit bureaus can put a fraud alert on your credit report. You can also request reports from all three credit bureaus so that you can see:

2. Contact Each of Your Creditors

The credit report requests in the previous section provide valuable insight into which creditors you’ll want to contact. Browse through the report, write down all of the known and unknown creditors, and then go through the lengthy process listed below:

3. Contact Financial Institutions and Banks

Banks and credit unions should be the next companies that you contact. If you believe that the thief has access to your checks or accounts, call and put a stop payment on all checks that you didn’t issue yourself.

4. Contact Local Law Enforcement

Local police will have difficulty trying to prove beyond a reasonable doubt that someone stole your identity. However, if a local business has surveillance footage of the person using your accounts, this evidence can be invaluable.

Additional Steps to Take to Protect Your Identity

You should log into all of your online accounts that may be impacted by the theft and change all of your:

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?

What Are Identity Theft and Identity Fraud? Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain. What Are The Most Common Ways That Identity Theft.

How to file an identity theft report?

Go to IdentityTheft.gov or call 1-877-438-4338. Include as many details as possible. Based on the information you enter, IdentityTheft.gov will create your Identity Theft Report and personal recovery plan. Show. You may choose to file a report with your local police department.

How long can you be in jail for identity theft?

This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense. Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C.

What agencies do federal prosecutors work with?

Federal prosecutors work with federal investigative agencies such as the Federal Bureau of Investigation, the United States Secret Service, and the United States Postal Inspection Service to prosecute identity theft and fraud cases. Updated November 16, 2020.

What are some examples of fraud?

For example: False applications for loans and credit cards, Fraudulent withdrawals from bank accounts, Fraudulent use of telephone calling cards or online accounts, or. Obtaining other goods or privileges which the criminal might be denied if he were to use his real name.

Can criminals steal personal information?

In some cases, criminals reportedly have used computer technology to steal large amounts of personal data. With enough identifying information about an individual, a criminal can take over that individual's identity to conduct a wide range of crimes. For example: False applications for loans and credit cards,