What Can I Do if My Identity Has Been Stolen?

If you’ve fallen victim to identity theft, you’re probably wondering what legal options you have to fight back and recover. The good news is that there are several legal remedies available to help you regain control of your identity and seek justice. Let’s dive into the specific legal actions you can take.

1. File a Police Report

While not a legal remedy in itself, filing a police report is often the first step in pursuing legal action. It creates an official record of the crime, which can be crucial for:

• Supporting your claims with creditors and credit bureaus
• Providing evidence if you decide to sue the identity thief
• Potentially triggering a criminal investigation

Many subsequent legal remedies may require a copy of this police report, so it’s an essential first step.

2. Use the Fair Credit Reporting Act (FCRA)

The FCRA provides several important legal remedies for identity theft victims:

• Dispute Inaccurate Information: You have the right to dispute any inaccurate information on your credit report. Credit bureaus must investigate these disputes and remove any information that’s found to be inaccurate or unverifiable.
• Block Fraudulent Information: If you submit an identity theft report, credit bureaus must block fraudulent information from appearing on your credit report within four business days.
• Get Free Copies of Documents: You’re entitled to free copies of any documents related to fraudulent transactions made in your name.
• Obtain Extended Fraud Alerts: You can place an extended fraud alert on your credit report that lasts for seven years.
• Sue for Damages: If a credit bureau or information furnisher (like a bank or credit card company) violates your rights under the FCRA, you may be able to sue them for damages.

3. Utilize the Fair Debt Collection Practices Act (FDCPA)

The FDCPA provides legal remedies if debt collectors are pursuing you for debts resulting from identity theft:

• You can demand that debt collectors stop contacting you about fraudulent debts.
• If a debt collector violates the FDCPA, you can sue them for damages and attorney’s fees.

4. Invoke the Identity Theft and Assumption Deterrence Act

This federal law makes identity theft a crime and provides for penalties, including fines and imprisonment for convicted identity thieves. While you can’t directly prosecute under this law, you can:

• Report the crime to federal law enforcement agencies like the FBI or Secret Service
• Potentially participate as a witness if charges are brought against the thief

5. Sue the Identity Thief

You have the right to bring a civil lawsuit against the identity thief in state or federal court. You can seek to recover:

• Actual damages (financial losses you’ve suffered)
• Punitive damages (in some cases)
• Attorney’s fees and court costs

Keep in mind that this option may have limited practical value if the thief doesn’t have assets to pay damages.

6. Sue Negligent Businesses

In some cases, you may be able to sue businesses that negligently allowed the identity thief to use your information. This could include:

• Banks that opened accounts without proper verification
• Retailers that issued credit without adequate identity checks
• Employers who failed to properly safeguard your personal information

These lawsuits typically allege negligence or violation of specific state laws designed to protect consumers.

7. Use State-Specific Identity Theft Laws

Many states have enacted their own identity theft laws, which may provide additional remedies beyond federal law. These can include:

• Restitution orders requiring the thief to compensate you for losses
• Easier processes for clearing your name and credit record
• Specific civil causes of action against identity thieves or negligent businesses

Check with a local attorney or your state’s attorney general’s office to learn about identity theft laws specific to your state.

8. Seek Help from Government Agencies

While not direct legal remedies, government agencies can provide significant assistance:

• The Federal Trade Commission (FTC) can help you create an Identity Theft Report and recovery plan.
• The IRS has specific procedures for dealing with tax-related identity theft.
• The Social Security Administration can help if your Social Security number has been compromised.

These agencies can often resolve issues without the need for direct legal action on your part.

9. Bankruptcy as a Last Resort

In extreme cases where identity theft has led to overwhelming fraudulent debts, bankruptcy might be considered as a legal remedy. However, this should only be pursued after exhausting other options and consulting with a bankruptcy attorney.

Let Ware Law Firm Fight for Your Rights

Dealing with identity theft can be challenging, especially when it comes to legal remedies. While you can handle some steps on your own, the process often becomes overwhelming. That’s where Ware Law Firm‘s experienced consumer law attorneys step in. We handle identity theft cases and will guide you through the legal process, making sure you use all available remedies.

Don’t face identity theft alone. Contact Ware Law Firm today for a free consultation. Our experience will help you fight back, restore your good name, and take control of your financial future.