Identity Theft Attorney
When criminals steal your personal information and use it for fraudulent purposes, the consequences can devastate your financial stability and emotional wellbeing for years. Beyond the immediate financial losses, victims often face damaged credit scores, denied loan applications, and countless hours spent attempting to restore their good name. While law enforcement pursues criminal charges against perpetrators, civil litigation provides victims another powerful avenue for recovery and justice.
Understanding Your Legal Standing After Identity Theft
Identity theft occurs when someone unlawfully obtains and misuses your personal data—such as Social Security numbers, bank account details, or credit card information—to commit fraud or other crimes. The Federal Trade Commission receives hundreds of thousands of identity theft complaints annually, reflecting the widespread nature of this growing problem.
Victims possess multiple legal options depending on their specific circumstances. Civil lawsuits allow individuals to seek compensation for damages directly from those responsible, whether the perpetrator, negligent businesses, or financial institutions that failed to protect sensitive data adequately.
Identity theft can be a traumatic experience for victims of fraud, personal data theft and security breaches that may result in stolen information and substantial financial losses. Advances in technology have made consumer activity very convenient, but now present serious security risks for anyone with an online presence.
Online scams, stolen bank and credit card statements can compromise delicate personal information. If anyone has stolen your personal or financial information or assumed your identity, contact an identity theft lawyer as soon as possible.
Joe Lyon is a Personal Data Breach Attorney and Identity Theft Lawyer representing victims of fraud, security breaches and identity theft nationwide.
Common Types of Identity Theft
According to the Federal Trade Commission (FTC), approximately 17 million Americans were victims of identity theft last year. Identity theft can occur when a person uses your personal information without permission to commit fraud or make unlawful purchases. The most commonly stolen personal data includes:
- Name
- Address
- Emails
- Credit card number
- Driver’s license number
- Social Security number
- Health Insurance
- Medical information
- Bank account information
The most common forms of identity theft include:
- Financial theft: using someone else’s identity to obtain goods, services, or credit.
- Cloning Identity: using someone’s identifying information to assume their identity in daily life.
- Medical Identity theft: using a false identity to obtain prescriptions or medical care records.
- Business Identity Theft: fraudulent individuals pose as owners or employees of a business to obtain cash, credit, or loans. Criminals poach on the following:
- Bank account numbers
- Tax ID numbers
- Business statements
- Company credit card numbers
How to Prevent Identity Theft
To protect yourself against identity theft, you should follow careful Internet practice, which should include:
- Creating unique passwords for each online bank and email account
- Use trusted websites
- Use updated antivirus programs
- Limiting personal information on social media
- Keep track of financial accounts
Common tactics and ways identity theft is committed:
- Criminals pose as a bank representatives and ask for banking information
- Fraudsters pose as an insurance agents or corporate agencies to access personal information
- Employees gain access to sensitive information to exploit it
- Credit card fraud
- Dumpster-diving in recycling or trash bins for financial info
Who Can Be Held Liable in Identity Theft Cases?
Several parties may bear legal responsibility when identity theft occurs. Determining the appropriate defendant requires careful analysis of how the breach happened and who failed to meet their legal obligations.
Data Breach Defendants: Companies experiencing data breaches may face liability when inadequate security measures lead to exposed consumer information. Organizations handling sensitive data must implement reasonable safeguards under various federal and state regulations. When businesses neglect these duties, allowing hackers to access customer databases, victims can pursue legal action for resulting damages.
Financial Institutions: Banks and credit card companies have specific obligations to protect account holders and respond appropriately to fraud reports. The Fair Credit Billing Act and Electronic Fund Transfer Act establish consumer protections that financial institutions must honor. When banks fail to investigate fraud claims properly or hold customers liable for unauthorized charges, legal remedies may be available.
Credit Reporting Agencies: Equifax, Experian, and TransUnion must maintain accurate credit reports and correct erroneous information promptly under the Fair Credit Reporting Act. When these agencies fail to remove fraudulent accounts from your credit history despite proper notification, you can seek damages through litigation.
The Identity Thief: While often difficult to locate and collect from, the actual perpetrator remains liable for all damages caused by their criminal conduct. Successful criminal prosecutions can strengthen civil claims against thieves who are eventually identified.
ABOUT THE LYON FIRM
Joseph Lyon has 17 years of experience representing individuals in complex litigation matters. He has represented individuals in every state against many of the largest companies in the world.
The Firm focuses on single-event civil cases and class actions involving corporate neglect & fraud, toxic exposure, product defects & recalls, medical malpractice, and invasion of privacy.
NO COST UNLESS WE WIN
The Firm offers contingency fees, advancing all costs of the litigation, and accepting the full financial risk, allowing our clients full access to the legal system while reducing the financial stress while they focus on their healthcare and financial needs.
Building a Strong Identity Theft Lawsuit
Successful identity theft litigation requires thorough documentation and strategic legal approach. Victims should immediately report the theft to local police and obtain an Identity Theft Report, which serves as crucial evidence in civil proceedings.
Maintaining detailed records of all fraudulent activity, communications with creditors, and time spent resolving issues strengthens your case. Correspondence with financial institutions, credit bureaus, and merchants should be preserved. Documentation of emotional distress through medical records or counseling invoices can support claims for non-economic damages.
Expert witnesses often play vital roles in identity theft cases, particularly when challenging corporate security practices or demonstrating the long-term impact on creditworthiness. Forensic accountants can calculate total economic losses, while cybersecurity experts can establish whether defendants met industry standards for data protection.
