Identity theft is fraud committed or attempted using the identity information of another person without their permission. Identity theft can be divided into six primary categories being:
- New Account Fraud,
- Account Takeover Fraud,
- Criminal Identity Theft,
- Medical Identity Theft,
- Business of Commercial identity Theft, and
- Identity Cloning.
Each category is a form of identity theft individuals could fall victim to. When faced with a case of identity theft, consulting a knowledgeable attorney who will help you explore strategies for winning, whichever category of identity theft you may have suffered is your best bet of success.
How To Get A Lawyer For Identity Theft?
The task of hiring a lawyer to represent you can be overwhelming. Rest assured the process is simpler than you’d think. There are four main steps to follow when hiring a lawyer, these are
- Finding the right kind of lawyer: Lawyers specialize in certain areas of law. It is necessary to find a lawyer who has relevant experience in the legal area that you need
- Interviewing a lawyer: Determine whether the law firms you have considered have a lawyer with experience with your kind of case. To determine how and what solutions are available to your case.
- Payment arrangements and fees: Lawyers’ fees can be charged in various ways, from hourly, to flat fee services, or even through contingency. Establishing the fee structure in writing for reference as you get billed for your case.
- Hiring a lawyer: Once you decide to hire a lawyer, it is important to determine, how, and how often, the lawyer will update you and what additional documents the lawyer might still need from you.
Beyond these considerations, setting up a consultation with a lawyer can be done by calling in to schedule an appointment, emailing to book a consultation, or book a consultation on their website. This can be done on most law firm websites. Including ours, consider consulting one of our specialists, call today or book your FREE case review.
How Can An Identity Theft Attorney Help Me?
Identity theft cases allow for multiple parties to be sued, and require filing of various state and federal laws. Different financial institutions may have different procedures in place for dealing with identity theft lawsuits.
Beyond assembling and presenting your case, an attorney can assist with the recovery process and provide guidance on which financial institutions or government agencies to contact, and explain how to request an instance of identity theft to the Federal Trade Commission (FTC).
An experienced attorney will understand how and when to file the lawsuit. They know what deadlines to observe and what details to provide when presenting your case. Specialist knowledge and training is needed to apply the various federal and state laws a case requires.
It would be very helpful to consult a lawyer who is familiar with the legal theories and civil procedures associated with identity theft. This ensures your case is argued by someone capable of obtaining the fairest compensation without overburdening yourself with trying to understand the legal requirements of your case.
Whenever an identity theft case is considered, consulting a reputable attorney remains one of the strongest resources a victim should consider.
Who Can I Sue For Identity Theft?
Beyond the criminal and civil penalties that may be imposed on the criminal who steals your identity; you may initiate civil proceedings against party entities involved in causing the identity theft. These entities include
- Banks,
- Credit Card Companies,
- Credit Bureaus,
- Merchants who process credit card transactions,
- Government agencies,
- Employers, and
- Any other business that had possession of and may be responsible for the stolen information.
What Compensation Can Be Recovered?
Victims of identity theft are afforded several types of damages when initiating a civil claim. The amount that can be claimed will vary depending on the facts of that case.
If the civil lawsuit is successful, the victim could potentially recover:
- Compensatory damages: Most common damages award issued, aims to cover financial losses caused by the crime.
- Punitive damages: Are meant to provide the victim with additional monies and deter the defendant from similar future offenses. These are awarded only in exceptional circumstances.
- Emotional damage: Emotional distress like anxiety and depression triggered by the theft may open an option to claiming emotional damages.
- Injunctive relief: Court orders that require a defendant to take or refrain from a certain action.
The Fair Credit Reporting Act (FCRA) also allows victims to request creditors and debtors stop reporting on the fraudulent accounts. The fraudulent information must be removed from the credit report and an extended fraud alert protection must be assigned to the victim’s portfolio
Bottom Line
Identity theft remains a prevalent form of crime due to the monetary gain and the difficulty associated with catching the perpetrators. Identity theft cases are inherently complex and difficult to argue in court.
Utilizing the skills and knowledge of a lawyer who has experience in identity theft matters is one of the primary considerations to make as a victim. Our attorneys at Fair Credit boast skill sets and expertise in this sector. Consider giving us a call today and receive your FREE case review!
