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Liability if Your Identity Is Stolen

Who Is Liable if Your Identity Is Stolen?

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Who Is Liable if Your Identity Is Stolen?

With the rise of digital technology, identity theft is an increasingly common problem. In fact, it is one of the most common digital crimes. But not every instance of identity theft involves digital technology.
 
Each year, many thousands of Americans experience losses as the victims of identity theft. Identity theft can cause massive amounts of personal and financial harm for victims.
 
Some victims lose some of their wages as the result of fraudulent online purchases. Others experience much more severe financial damage. In some cases, identity theft can completely ruin a person’s credit history.
 
If you or someone you love has experienced identity theft as the result of a company’s negligence, you have the right to pursue financial recovery. This is especially true if the company in question does not maintain rigorous security protocols.
 
There are laws at the federal and state levels that are intended to protect consumers from these losses. However, victims must identify the at-fault party. Many victims wonder: If your identity is stolen, who is liable?
 
It is vital to speak with a legal expert to determine legal liability in your identity theft case. When you need the best legal representation available, look no further than the firm of Morgan & Morgan.
 
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FAQ

Morgan & Morgan - Identity Theft Attorneys

  • How an Identity Theft Lawyer Can Help You

    It can be very difficult to repair the damage to your financial records following an incident of identity theft. It can be just as challenging to recover any money that you lost. 
     
    Because of the complexity of these tasks, it is best to consult with an experienced legal professional. If your identity is stolen, who is liable? A competent identity theft attorney can help you determine the answer. 
     
    Many identity thieves are very technologically sophisticated. Because of this, it can be challenging for law enforcement to accurately identify the perpetrator in many of these cases. 
     
    When the thief is anonymous, the victim may have few legal options to seek financial compensation. That is why it is so critical to speak with a legal expert who has experience in identity theft cases.
     
    At Morgan & Morgan, our compassionate attorneys will work tirelessly in your best interests. When you hire our firm, our lawyers will:

    • Draft and submit relevant legal documents
    • Determine if your identity is stolen, who is liable
    • Accurately calculate the value of your case
    • Consult with identity theft experts
    • Thoroughly review the details of your case
    • Draft and file litigation, if necessary

    At Morgan & Morgan, we have access to the extensive resources. If your identity is stolen, who is liable? In many of these cases, we recruit forensic accountants and private investigators to help determine liability.
     
    It may be the case that you can seek financial recovery from a third party, as well. Following a successful identity theft claim, you may be able to restore your financial reputation and recover the money that you lost.

  • Understanding Identity Theft

    Identity theft is defined as “fraud committed or attempted using the identifying information of another person without authority.” There are many different categories of identity theft, including:

    New Account Fraud

    This type of identity theft happens when a thief uses another person’s information to open new financial accounts. Examples of new financial accounts include:

    • Utility accounts
    • Bank accounts
    • Credit cards
    • Cell phone accounts
    • And more

    Typically, the thief can open fraudulent accounts because of the victim’s good credit standing.

    Account Takeover Fraud

    When someone uses another party’s existing financial information to steal their money and assets, it qualifies as account takeover fraud. If a thief uses a victim’s existing lines of credit for their own gain, it would be an instance of identity theft.
     
    Similarly, suppose a thief made a withdrawal from the victim’s existing bank account. This would qualify as account takeover fraud.

    Criminal Identity Theft

    This type of identity theft is typically less reliant on digital technology. Criminal identity theft occurs when a person misrepresents themselves as another during the commission of a crime.
     
    Oftentimes, cases of criminal identity theft involve the use of false identification.

    Business of Commercial Identity Theft

    This type of identity theft happens when someone fraudulently uses the name of a business to obtain a new line of credit. Oftentimes, these instances of identity theft are committed by former or current employees seeking personal gain.

    Identity Cloning

    Identity cloning occurs when someone commits all forms of identity theft at once. This happens when the thief takes control of all elements of the victim’s identity.
     
    No matter what the circumstances of your case, it is important to know if your identity is stolen, who is liable. The skilled team at Morgan & Morgan can help you to pursue justice and recover the compensation that you deserve.

  • Steps to Take if Your Identity Has Been Stolen

    In the aftermath of identity theft, most victims feel confused and overwhelmed. These crimes often happen with no warning and many people do not know what steps to take.
     
    The most important action to take after your identity has been stolen is contacting a skilled attorney. An identity theft attorney will clearly explain all of your rights and legal options.
     
    After an identity theft, take the following steps:

    Contact the Major Credit Bureaus

    Report the incident to the three main credit agencies. They are:

    • Equifax
    • TransUnion
    • Experian

    You should contact the fraud department at each of these bureaus. Ask them to place a “fraud alert” on your financial records.
     
    When contacting these agencies, you can ask for updated copies of your credit reports. This allows you to review them for fraudulent activity or unauthorized new accounts.
     
    Request that these agencies reach out to you before any new accounts are opened.

    Contact Your Creditors

    After contacting the major credit bureaus, you should inform your creditors of the identity theft. Reach out to the fraud departments at the following relevant companies:

    • Credit card providers
    • Internet, cable, and phone providers
    • Cell phone carriers
    • Other utility agencies

    Even if your account with a particular creditor has not been affected, you should still inform them of the theft. Ask their fraud departments to flag your open accounts with a “fraud alert.”

    Contact Your Bank

    This step is especially important if your checks, debit cards, or identification have been stolen. Contact your credit union or bank and ask them to cease payments on the affected accounts.
     
    If your credit cards were stolen, check the purchase record online to determine whether any fraudulent charges occurred. Ask your bank or other financial institution to issue a new card or account number. 

    Contact Law Enforcement

    Beyond contacting the relevant financial institutions, you should also report the theft to the police. File a report with the local law enforcement agency. 
     
    Provide them with any relevant documentation or information. After notifying law enforcement, request a copy of the police report. Your creditors may ask to see a copy of this document.
     
    In most cases, thieves in these cases are very difficult to locate. Even if you do determine the identity of the thief, it may be challenging to prove that they committed the act.
     
    This is due to the lack of physical evidence in many of these cases. However, the team at Morgan & Morgan has access to resources and identity theft experts that police may not. 
     
    Having a national law firm fight for you will give you the best chance possible. If your identity is stolen, who is liable? Reach out to our accomplished team to schedule a free consultation to discuss the facts of your case.

  • If Your Identity Is Stolen, Who Is Liable?

    In an ideal world, victims could bring a legal claim against the individual who perpetrated the crime. However, it is often difficult to locate and identify these thieves. 
     
    This does not mean that victims have no legal recourse. If the individual thief cannot be found, you may be able to seek compensation from a third party. 
     
    In most cases, these third parties have access to the victim’s personal or financial information. This information may include credit card numbers, bank account numbers, or Social Security numbers.
     
    Some third parties that may be held accountable after identity theft include:

    • Banks and credit unions
    • Other financial agencies and institutions
    • Creditors
    • Employers
    • Government agencies

    Depending on the specific facts of the case, the type and degree of legal liability will vary. It is critical to speak with a knowledgeable identity theft attorney to explore your options for recovering financial compensation.
     
    If any party’s negligence contributed to your losses, you may be able to take legal action and secure justice. 
     
    The team at Morgan & Morgan has years of experience fighting on behalf of identity theft victims. We will review your case and help you determine the best path forward.

  • As the Victim of Identity Theft, What Things Can I Sue for?

    Because your identity can be stolen in many ways, there are many potentially relevant types of liability in these cases. The type of legal claim you can pursue will depend on the type of identity theft.
     
    Some of the most relevant grounds for an identity theft lawsuit include:

    • Negligence
    • Privacy invasion
    • Publication of private information
    • Breach of fiduciary duty
    • Breach of contract
    • And more

    Consulting with one of the attorneys at Morgan & Morgan will allow you to accurately determine the nature of your case.
     

  • How Are Morgan & Morgan Attorneys Paid?

    Like most trustworthy legal experts, the lawyers at Morgan & Morgan are paid through contingency fees. With this payment approach, a certain percentage of the recovery from your case will be allocated to cover attorneys’ fees.
     
    In other words, you will not pay anything unless we successfully settle or win your identity theft claim.

  • Morgan & Morgan Will Fight Hard for You

    If you or someone you love has been the victim of identity theft, it is important to secure the services of an accomplished legal expert. These cases can be incredibly complex and a skilled attorney will help you navigate each step of the process.
     
    Since our founding, the team at Morgan & Morgan has recovered more than ten billion dollars in compensation for our clients. We will fight tirelessly to secure justice for you and help you financially recover.
     
    To schedule a no-cost legal consultation with an identity theft attorney, complete the contact form on the Morgan & Morgan website. Let us help you get your life back on track.

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