Suing for Identity Theft Lawyers
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What is Identity Theft?
Identity theft is a type of theft, where another person takes or steals your personal information for some fraudulent purpose. Typically, identity thieves steal financial information to make fraudulent purchases in your name.
How Can I Sue for Identity Theft?
Almost every state allows a victim of identity theft to sue if they are damaged. Lawsuits over identity theft are usually very broad. This is because a wide range of people or organizations can be subject to liability for identity theft, and for different reasons. Some of the most common theories of liability include:
- Fraudulent misrepresentation,
- Invasion of privacy,
- Intrusion upon seclusion,
- Appropriation of name or likeness,
- Publication of private facts,
- Breach of fiduciary duty,
- Infliction of emotional distress,
- Defamation, and
- Breach of contract.
Not every theory of liability can be used against a particular defendant. Differences in the facts of the case and who the defendant is will determine what theory of liability a victim of identity theft can use.
Who Can be Sued for Identity Theft
The actual identity thief is generally always subject to liability to a victim of identity theft. But the reason identity thieves are so common is that they are hard to find. Most identity thieves can get away with their crimes because law enforcement officers cannot determine who the thief was. This causes an obvious problem.
Even if the individual identity thief cannot be found, the victim of identity theft is not without a remedy. Because of their relationship with the victim, and the fact that they can be the keeper of the personal information, a lawsuit for identity theft can often be successful against:
- Other financial institutions,
- Certain government bodies, or
What Can I Recover?
A lawsuit against someone for identity theft is a civil case. As such, a victim can usually recover:
- Compensatory damages,
- Emotional damages,
- Punitive damages,
- Injunctive relief, and
Do I Need an Attorney to Sue for Identity Theft?
If you are the victim of identity theft, you may be able to sue the person who stole your personal information. It is highly recommended that you contact a personal injury attorney because of the potential complexity of your case. Only an attorney will be able to analyze the facts from your case and determine if, and how, you can sue for the identity theft. An attorney will also be able to advise you of your rights, explain the relevant legal issues, and help in any recovery of damages. You should also review these Identity Theft Protection tips.
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Last Modified: 01-18-2013 11:23 AM PST
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