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What Should I Know About Identity Theft Liability in NYC - person driving with their phone

Identity Theft Liability in NYC

Identity theft is an increasingly common crime, due to the rise in digital technology and online commerce. Many banks and credit unions have fully functional online portals. 
If these sites are not adequately secure, your private financial information may be at risk. When another person uses your information or credit score for personal financial gain, identity theft has occurred. 
When you have been the victim of identity theft in New York City, it is vital to contact a skilled legal expert. An identity theft lawyer will review the facts of your case and help you determine the best path forward.
The laws surrounding liability in identity theft cases vary in different U.S. locations. Because of this, you may find yourself wondering about the laws surrounding identity theft liability in NYC.
Each year, many New Yorkers are victims of identity theft. Increasingly, the security of personal information is of critical importance.
Following an incident of identity theft, you should reach out to a law firm with the track record and resources to fight effectively for you. It is critical to hire an attorney with a thorough knowledge of how identity theft liability in NYC works.
The skilled lawyers at Morgan & Morgan have years of experience fighting successfully for our clients. We will assess the facts of your claim to help you establish identity theft liability in NYC. You can reach out to us through our online contact form for a free case evaluation.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

  • Understanding Identity Theft Liability in NYC

    What is identity theft? Put simply, identity theft occurs when a person intentionally assumes someone else’s identity in hopes of:

    • Obtaining money, goods, property, or services
    • Using the victim’s credit history to their advantage
    • Causing financial losses to the victim
    • Committing a Class A misdemeanor or more serious crime

    The severity of an identity theft charge depends on many different factors in each case. For instance, the perpetrator’s previous infractions will influence the charge that they will face.
    Similarly, the value of the assets that the victim lost will influence the severity of the charge. An accomplished attorney can help you understand the classification of your identity theft in New York City.

    Common Categories of Identity Theft

    When most people think about identity theft, they think of credit card and bank fraud. While these are common types of identity theft, there are several other categories of this crime.
    These categories include:

    Account Takeover Fraud

    This type of identity theft involves the perpetrator taking over another person’s current financial accounts for personal gain. This kind of fraud includes the fraudulent use of existing credit cards or bank accounts. 

    New Account Fraud

    This kind of theft happens when someone takes advantage of another person with a good credit score. Typically, the perpetrator uses the victim’s private information to establish new financial accounts or lines of credit.
    This may include new accounts in the form of:

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

    If you believe you have been the victim of new account fraud, reach out to a knowledgeable attorney as soon as possible to explore your legal options.

    Criminal Identity Theft

    Sometimes, a person will identify themselves fraudulently while committing a crime. This often happens when the criminal presents false identification to mislead victims or others.

    Medical Identity Theft

    When a thief uses another person’s identity and health insurance identification number to secure medical care or prescription drugs, it qualifies as identity theft. Thieves may obtain medical services or treatments using their victim’s name and information.
    This type of identity theft can be particularly hazardous. When a physician or other care provider makes medical notes in a patient’s records, they can have massive consequences.
    If a doctor makes notes based on the health status of the identity thief, the victim may receive improper treatments. In severe cases, this can result in severe or fatal injuries to the victim. 
    It is important to consult with a knowledgeable identity theft lawyer to determine identity theft liability in NYC. An attorney can help you to recover financially from this type of medical fraud in New York.

    Business or Commercial Identity Theft

    When someone fraudulently uses the name of a business or corporation to obtain a new line of credit, it is known as “business or commercial identity theft.” 
    Oftentimes, this type of crime is committed by someone with a direct relationship to the business in question. This may include former employees, managers, or owners.

    Identity Cloning

    When someone engages in all types of identity fraud at once, it is known as “identity cloning.” This type of identity theft involves the perpetrator assuming every part of the victim’s identity. 
    This type of crime can be very devastating, and victims should seek legal recourse as soon as possible. 

  • How Can an Identity Theft Attorney Help in My Case?

    Even if you know that you should contact an identity theft lawyer, you may not know how they can help in your case. In many identity theft cases, determining the identity of the perpetrator is incredibly challenging.
    Oftentimes, law enforcement agencies do not have the resources to digitally track anonymous thieves. But a law firm with plenty of resources, like Morgan & Morgan, can hire experts and professionals to investigate your case.
    When you hire one of the experienced identity theft lawyers at Morgan & Morgan, we will:

    • Compose and submit relevant legal documents
    • Hire personal investigators, if necessary
    • Consult with forensic accountants
    • Negotiate effectively on your behalf
    • Work tirelessly to protect your best interests
    • Thoroughly examine the circumstances of your case
    • Determine who is liable for the identity theft you suffered
    • And more

    In the aftermath of an incident of identity theft, victims face many logistical and financial difficulties. You should not have to manage a complex legal claim in addition to your other responsibilities.
    The accomplished attorneys at Morgan & Morgan will handle every element of your identity theft claim. They will gather evidence to establish identity theft liability in NYC. 

  • Who Can Be Held Accountable in Identity Theft Lawsuits?

    When you have had your identity stolen, you will probably be angry. Most victims want to hold the individual perpetrator accountable for their illegal actions.
    Unfortunately, it can be very difficult to identify and locate individual identity thieves. This is especially true in cases of new account fraud or account takeover fraud.
    Even if you are unable to identify the thief in your case, you still have options. The attorneys at the firm of Morgan & Morgan will determine whether other persons or entities bear responsibility for the identity theft that you experienced.
    For instance, suppose that a financial institution was entrusted with your private personal information. If a perpetrator stole your identity because of the institution’s inadequate digital security measures, the institution may be partially to blame.
    Usually, liable third parties in identity theft cases have access to the victim’s credit card information, personal contact data, or Social Security number. Some of the potentially liable parties and entities in these cases include:

    • Credit unions and banks
    • Financial and economic institutions
    • Credit lenders
    • Government agencies and entities
    • Employers and businesses
    • And more

    The type of legal liability that a third party bears will depend on the specific facts of the case. If you believe that an institution is responsible for your financial or personal loss, reach out to an attorney right away.

  • What Types of Lawsuits Can Identity Theft Victims File?

    There are many different categories of identity theft. Each of these identity theft methods may be grounds for various types of legal claims.
    A legal expert will review the facts of your case to decide which type of lawsuit is appropriate in your circumstance. Some common causes of legal action in identity theft cases include:

    • Negligence
    • Invasion of personal privacy 
    • Fiduciary breach of duty
    • Emotional distress of the victim
    • Contract breach

    Provide all possible details to your legal representative. This will allow them to accurately determine the best course of action in your claim.

  • What Are Examples of Common Damages in Identity Theft Cases?

    The types of compensation that you can recover in an identity theft claim will depend on the specific circumstances of the case. Still some types of financial recovery are common in these cases, such as:

    • Compensatory payments for financial losses
    • Compensation for the victim’s emotional damage
    • Punitive damages to punish the perpetrator
    • Injunctive relief from any fraudulent debts

    If your identity has been stolen, make sure to speak with an accomplished legal professional as soon as possible. The team at Morgan & Morgan will walk you through every step of your identity theft case.
    We will develop a powerful legal argument and hold all responsible parties accountable for the damage that you have experienced. 

  • What Are Contingency Fees?

    The compassionate team at Morgan & Morgan understands that identity theft victims often face massive amounts of financial pressure. Because of this, we believe victims deserve justice regardless of their current financial situation.
    The attorneys at Morgan & Morgan are paid through a contingency fee structure. With this payment approach, clients agree to a specific percentage of the recovery from the identity theft case.
    After our lawyers successfully recover compensation, the agreed-upon percentage is allocated to cover the attorneys’ fees. This means that clients pay nothing upfront. 
    You should never hire a civil identity theft lawyer who demands upfront payments for services. At Morgan & Morgan, you will not pay a penny unless we get money for you.

  • What Should I Do After I Have Been the Victim of Identity Theft?

    Most victims are unsure about what steps to take following an incident of identity theft. Notify the following agencies and institutions as soon as you know your identity has been stolen:

    • Major credit bureaus (Equifax, Experian, and TransUnion)
    • Fraud departments of all relevant lending institutions
    • Your bank, credit union, or other financial institution
    • Local law enforcement

    After making these institutions aware of identity theft, reach out to the trusted legal team at Morgan & Morgan. We will not rest until we secure justice for you.

  • Morgan & Morgan Is on Your Side

    When you need reliable legal representation, contact America’s largest personal injury firm: Morgan & Morgan. Our dedicated team has recovered more than $20 billion in compensation for victims.
    Do not trust your identity theft case to anyone but the best. Complete the contact form on our website to schedule a no-cost case evaluation. Morgan & Morgan is on your side.

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