Identity Theft Lawyers: How We Help Victims Fight Back

In an increasingly digital world, our personal information is more vulnerable than ever. Every time you shop online, file your taxes, or even swipe a debit card at a gas pump, you risk having your identity stolen.

Identity theft can be devastating, emotionally, financially, and professionally. At Morgan & Morgan, we believe that victims of identity theft deserve justice. That’s why our identity theft lawyers are committed to helping you fight back and rebuild your life.

Often, those at fault for identity theft aren’t only the thieves and hackers themselves but also negligent companies who failed to protect your sensitive personal information with reasonable security measures. Morgan & Morgan can hold those negligent companies accountable and fight to get you compensated.

If you have had your identity stolen, contact an identity theft attorney as soon as possible. Our attorneys may be able to help to recover financial losses and remedy other injuries you have suffered as a result. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is Identity Theft?

Identity theft occurs when someone unlawfully obtains and uses another person’s personal data, such as a Social Security number, credit card information, or bank login credentials, for financial gain, fraud, or other crimes. It’s a form of fraud that affects millions of Americans each year, often leaving long-lasting damage in its wake.

According to the Federal Trade Commission (FTC), identity theft is one of the most common types of consumer fraud in the United States. In 2023 alone, there were over 1.1 million reports of identity theft. Many victims spend months or even years dealing with the fallout.

Common Types of Identity Theft

There are several different ways that identity theft can occur, and criminals are always finding new methods to exploit victims. Some of the most common forms include:

Financial Identity Theft

This is the most well-known type, where a thief uses your personal information to open new accounts, access your bank accounts, or make unauthorized purchases.

Medical Identity Theft

Here, someone uses your health insurance information to receive medical treatment, prescription drugs, or submit false insurance claims.

Tax Identity Theft

In these cases, criminals file fraudulent tax returns using your Social Security number to steal your tax refund.

Criminal Identity Theft

This occurs when someone provides your personal information to law enforcement during an arrest or investigation, potentially leading to a criminal record in your name.

Employment Identity Theft

A thief may use your identity to obtain a job or pass background checks, leaving you on the hook for income taxes on earnings you never received.

Child Identity Theft

Children’s Social Security numbers are often targeted because they’re not actively monitored, allowing the fraud to go undetected for years.

How Identity Theft Happens

Most identity theft begins with a data breach, phishing scam, or some form of digital deception. Here are some common ways criminals gain access to your personal information:

• Phishing Emails and Texts: Fake messages designed to trick you into revealing passwords or financial details.
• Data Breaches: Hackers gain access to a company’s database and steal personal information from millions of users.
• Skimming Devices: These are placed on ATMs or gas pumps to capture card information.
• Public Wi-Fi Networks: Hackers intercept data sent over unsecured networks.
• Mail Theft: Stealing pre-approved credit offers, bank statements, or tax documents from your mailbox.
  
   

How to Tell if Your Identity Has Been Stolen: Signs You Might Be a Victim

Identity theft doesn’t always show up right away. It’s often discovered when the damage has already been done. Common red flags include:

• Unexpected charges on your credit or debit card
• Bills for services you never received
• A sudden drop in your credit score
• Denied credit applications with no clear reason
• IRS notices about unfiled or duplicate tax returns
• Collection calls for debts you don’t owe

If you experience any of these warning signs, act quickly to protect yourself and contact an attorney.

The Impact of Identity Theft

Identity theft can be far more than just a financial inconvenience. The effects can be deeply personal and long-lasting:

Financial Loss

Victims may lose thousands of dollars and spend months dealing with fraudulent charges, frozen accounts, and ruined credit.

Emotional Distress

The violation of your personal privacy and the stress of financial uncertainty can cause anxiety, depression, and even PTSD.

Credit Damage

It can take years to rebuild your credit score after a fraudster opens unauthorized loans or credit cards in your name.

Lost Time

Victims often spend hundreds of hours resolving identity theft issues, contacting creditors, law enforcement, credit bureaus, and more.

Legal Trouble

In rare but serious cases, victims of criminal identity theft may be wrongly accused of crimes they didn’t commit.

What Should You Do if Your Identity Is Stolen?

If you believe your identity has been compromised, here are the steps you should take immediately:

1. Report the Identity Theft

File a report with the Federal Trade Commission at identitytheft.gov. You’ll receive a recovery plan tailored to your situation.

2. Contact the Credit Bureaus

Notify Equifax, Experian, and TransUnion to place a fraud alert or credit freeze on your account to prevent new credit lines from being opened.

3. File a Police Report

A police report provides an official record and may be required by creditors or insurance providers.

4. Notify Your Financial Institutions

Inform your bank, credit card companies, and lenders of the theft so they can monitor and close any affected accounts.

5. Keep Detailed Records

Document every phone call, email, and letter you send or receive related to the case.

Who Can Be Held Liable for My Identity Theft Case?

Depending on how the theft occurred and who failed to protect your data, multiple parties may be held legally responsible. Here’s a breakdown of who can be held liable in an identity theft case:

The Identity Thief

This is the person or group that actually stole and misused your personal information. They can be criminally prosecuted and may also be personally liable in civil court for any damages you suffered, though recovering money from individual criminals is often difficult, especially if they’re not easily traceable or lack financial resources.

Businesses or Organizations That Mishandled Your Data

If a company failed to adequately protect your personal information, they could be held liable for negligence or violating data protection laws. This is common in data breach cases, where:

• A company didn’t encrypt sensitive customer data
• Employees fell for phishing scams due to lack of training
• There were outdated cybersecurity measures in place
• The company failed to notify victims in a timely manner

Victims may be able to file a class action lawsuit or an individual claim against the organization.

Financial Institutions

Banks and credit card companies have a duty to monitor for suspicious activity and implement fraud prevention measures. If they:

• Failed to detect obvious red flags,
• Approved fraudulent transactions without proper verification, or
• Delayed action once notified of the fraud,

they could be held partially liable for your losses, especially if they violated consumer protection laws like the Fair Credit Billing Act or the Electronic Fund Transfer Act.

Credit Reporting Agencies

Credit bureaus such as Equifax, Experian, and TransUnion are required by law to:

• Maintain accurate records
• Promptly investigate disputes
• Remove fraudulent accounts

If they fail to correct false information or do not comply with the Fair Credit Reporting Act (FCRA), they may be sued for damages.

Employers or Government Entities (in Some Cases)

In cases of employment-related identity theft, your employer could be liable if:

• They improperly stored or disclosed your Social Security number
• Failed to perform proper background checks
• Were aware of fraud and didn’t take action

Similarly, if a government agency lost or mishandled your personal data (e.g., through a security lapse or misplaced tax documents), they might be subject to legal action under privacy or negligence laws.

Third-Party Vendors or Contractors

If your data was compromised through a third-party service provider (like a payroll processor, IT contractor, or marketing vendor), that entity could be liable, especially if the company you trusted failed to vet or supervise them properly.

Each case is different, so it’s important to speak with an experienced identity theft attorney who can investigate the facts, identify liable parties, and help you pursue compensation. At Morgan & Morgan, we fight to hold the right people accountable.

How Can I Protect Myself From Identity Theft? Six Tips to Safe

To assist you with making smart decisions to safeguard your identity, we have put together a list of six tips to protect yourself from identity theft.

1. Protect your sensitive information from third parties

Your private information is sensitive, and if it gets into the hands of an unauthorized third party, you could be faced with serious repercussions, including identity theft. A number of actions can be taken to protect your personal details from coming into contact with the wrong individuals, including: 

• Shred or tear up paper documents that contain sensitive details.
• Lock away sensitive materials.
• Make sure your employer has secured your personnel records.
• Always take receipts containing credit or debit card details—never dispose of them in public trash.
• Don’t post personal information online, e.g. putting your birthdate on social media websites.
• Only use websites that have secure payment methods. A site is only secure when there is an unbroken padlock icon in the URL bar of your browser, and the URL starts with “https.” If the URL begins with “http,” it is not secure. 

2. Don’t share your social security number

Never share your social security number with anyone unless absolutely required, and never carry it on yourself. Always make sure it’s locked away somewhere secure. 

3. Order a free credit report each week

To help protect your personal finances and to ensure you have not been a victim of identity theft, regularly check your credit reports.

Through December 2022, everyone in the U.S. can get a free credit report each week from all three nationwide credit bureaus, Equifax, Experian, and TransUnion. By checking your credit reports, you’ll be able to see if someone is misusing your personal information to run up charges on your credit cards, take out new credit or open a new account that’s in your name and steal your identity. The sooner you spot this fraud, the faster you can take action to stop the financial harm and correct the errors.

To order a free credit report, you can go to AnnualCreditReport.com or call 877-322-8228 directly.

4. Ensure that you read your credit reports very carefully

Once you have received your credit reports, take the time to carefully look back through the report, making sure that everything recorded points back to you and not someone misusing your identity.

Each time you look at your credit report, you should ask yourself the following questions:

• Do you recognize the accounts on your report?
• Do they list credit applications?
• Did you apply for credit at those places?

Make sure to check your personal information too. Are your name, address, and Social Security number correct?

5. Dispute any anomalies

If you see a mistake on your credit report, it’s incredibly paramount that you immediately dispute the mistake. You can do this by directly contacting the credit bureau and the business that reported the information. When contacting the credit bureau and the business, ensure that you ask both to correct their records. You need to ensure that you include as much detail as possible, plus copies of supporting evidence, including documents, like payment records. 

6. Report the suspected identity theft to the appropriate authorities

If you don’t recognize an account recorded on your credit report, immediately visit IdentityTheft.gov to report it to the Federal Trade Commission (FTC) and obtain a recovery plan.

IdentityTheft.gov will be able to help you to create a sworn Identity Theft Report. Once a report has been created, you can send it to the credit bureaus, who will be able to block identity theft-related debts from appearing on your credit report. Also, report the theft of your identity to the FBI and the IRS. 

How an Identity Theft Lawyer Can Help

At Morgan & Morgan, we understand that dealing with identity theft on your own can be overwhelming. Our experienced identity theft lawyers can take the burden off your shoulders and help you:

Hold Negligent Parties Accountable

Was your data exposed in a breach due to poor security practices? We may be able to file a lawsuit against the company responsible.

Help You Recover Financial Losses

If you’ve suffered out-of-pocket costs due to fraud, we’ll work to secure compensation for those losses.

Guide You Through the Legal Process

We’ll explain your rights, help you file complaints, and ensure your case is handled with care and precision.

Assist in Restoring Your Credit

In some cases, we can work with credit bureaus to expedite the process of removing fraudulent activity from your record.

Represent You in Court

If a creditor sues you over fraudulent charges or you need to pursue a civil lawsuit, our attorneys are ready to advocate for you.

When You May Be Entitled to Compensation

You may be eligible for compensation if your identity was stolen as a result of:

• A corporate data breach
• A company’s failure to safeguard your personal information
• Unauthorized transactions that caused financial loss
• Emotional distress caused by the theft
• Time lost and wages missed while resolving the fraud

Our attorneys will investigate your case to determine what damages you may be entitled to under state and federal law.

Laws That Protect Identity Theft Victims

There are several laws designed to protect you and offer remedies if you’ve been victimized:

Fair Credit Reporting Act (FCRA)

Gives you the right to dispute inaccurate information and requires credit bureaus to remove fraudulent entries.

Identity Theft and Assumption Deterrence Act

Makes identity theft a federal crime and gives law enforcement more power to prosecute offenders.

Gramm-Leach-Bliley Act

Requires financial institutions to explain how they share and protect your personal data.

Fair and Accurate Credit Transactions Act (FACTA)

Allows consumers to request free annual credit reports and take preventive action against identity theft.

State-Specific Identity Theft Laws

Many states offer additional protections, including civil remedies and enhanced penalties for identity thieves.

Identity Stolen on Someone Else’s Watch? Morgan & Morgan Can Help

Identity theft is a serious crime that can upend your life. Whether you’ve lost money, had your credit destroyed, or feel helpless navigating the legal system, Morgan & Morgan is here to help. Our team of identity theft lawyers has the experience, compassion, and tenacity to help you fight back and rebuild.

Morgan & Morgan is one of the largest consumer protection law firms in the country, with a proven track record of helping everyday people fight back against powerful institutions.

With offices in every state, we have the ability to handle cases across the country, and we charge no upfront fees to start working on your case. We’ve recovered over $25 billion for our clients, and we may be able to help you recover what you’re owed, too.

If you’ve been the victim of identity theft, the sooner you take action, the better your chances of recovering your losses and holding the responsible parties accountable.

To get started, contact us today for a free case evaluation to learn more about your legal options.