Identity theft can turn your life upside down financially and emotionally. As an attorney who assists identity theft victims with credit report issues, I help people regain their standing after this invasive crime.
On this page, I will share what I have learned as a New York City identity theft attorney.
What are the most common identity theft crimes and scenarios?
The most frequent cases I see involve:
- Someone is trying to purchase but is being denied due to an unknown issue on their credit report. They discover a fraudulent account or “trade line” from a company they never did business with.
- The thief uses a stolen social security number or personal information to open credit accounts or drain money from existing accounts. They know they only have a short window before getting caught.
- Victims may suspect identity theft if they lost a wallet or had joint accounts with someone. But often, they have no idea how their data was compromised.
- Credit cards or loans opened in the victim’s name rack up unpaid balances, damaging their credit. Delinquencies remain on their report unless disputed.
How can you identify Identity Theft versus an Error?
- If an account on your report shows charges you did not make, that indicates identity theft.
- If you contact the company and confirm you never opened an account, it is likely fraud.
- The best explanation is that someone used your personal data to open an account illegally.
- Whether it is one unauthorized transaction or many, if you did not do it, contact an attorney.
What steps should identity theft victims take?
Take these steps as soon as possible:
- Order credit reports from Equifax, Experian, and TransUnion and review for unknown accounts.
- File an identity theft report with the FTC to obtain a recovery plan and report number.
- File a police report about the identity theft. It establishes a paper trail, and companies often require it.
- Dispute the account in writing with the company and credit bureaus reporting it. Get written confirmation.
- Keep extensive records like call logs, letters, and forms. The more proof you have, the better.
As an attorney, how do you assist victims?
I use my expertise in consumer law and the Fair Credit Reporting Act (FCRA) to help victims by:
- Properly filing disputes and leveraging FCRA provisions as leverage with credit bureaus.
- Demanding defendants to correct errors in a timely manner.
- Collecting evidence, communicating with companies, and writing legal arguments on the victim’s behalf.
- Negotiating resolutions and maximum monetary damages for clients.
An experienced attorney can help remove fraudulent charges and false accounts much faster and gain the compensation you deserve.
What is the success rate for these cases?
- The success rate is very high if clear evidence shows the account is fraudulent and properly disputed.
- Credit issuers rarely conduct thorough investigations, violating the FCRA.
- My legal action shows the victim is serious and will not accept inaction. That motivates resolution.
- Proper documentation helps build a strong case if a lawsuit is required.
What steps are involved in resolving identity theft cases and this serious crime?
Here is a breakdown of the sequence of events:
- Victim discovers the identity theft
- Disputes are filed, and police reports are submitted
- Attorney verifies an FCRA violation occurred
- A lawsuit is filed against the credit bureau and/or account company
- Defendants usually settle to avoid court and bad publicity
- Settlement results in removing all fraudulent items and providing monetary compensation
What are common mistakes that expose people to identity theft?
There are a few key errors to avoid:
- Using the same passwords across multiple accounts makes it easy for thieves to gain access once they steal one password.
- Oversharing personal information online and on social media hands thieves data they can use to impersonate you.
- Not diligently checking financial statements and credit reports monthly means problems go undetected.
- Failing to secure sensitive documents makes it easy for household staff or visitors to steal key info.
- Not using strong antivirus software and being vigilant about phishing scams leaves you vulnerable.
Why is record-keeping vital for victims?
Meticulous records prove that fraudulent identity theft and criminal activity have occurred. Be sure to:
- Maintain detailed notes of all conversations regarding identity theft.
- Keep paper trails of everything you submit and receive related to disputing the accounts.
- Save receipts, records, and screenshots demonstrating your whereabouts when the fraud occurred.
- Log all steps you took to report the identity theft.
This documentation substantiates your claims and provides legal documents and the proof needed for a strong legal case.
Who should the police report be filed against?
The police report is filed against an unknown suspect who committed the identity theft crime. It is not directly filed against the credit issuer or bureau. The report demonstrates that you are serious and not just trying to clear up your credit history.
Are certain types of identity theft cases easier to resolve?
The only cases I handle involve fraudulent accounts on credit reports. Those have high success rates when proper dispute procedures are followed.
The background details of how the identity theft occurred do not generally impact the FCRA dispute process for removing false accounts. The essential factor is proving an erroneous account does not belong to you.
How much compensation can victims recoup?
It depends on the case details, but many victims receive significant settlements covering:
- Removal of all fraudulent items from credit reports
- Emotional distress damages
- Missed opportunities like financing denied for a home or car
- Attorney fees
Settlements for misdemeanor cases often reach the tens of thousands, sometimes over $100,000 for major cases impacting several years of credit history. Justice is served.
How can victims prevent the reoccurrence of identity theft?
To avoid repeat issues, be proactive with prevention:
- Place fraud alerts and consider credit freezes with bureaus to be notified of new accounts.
- Frequently change passwords and security questions/PINs. Avoid repeats.
- Limit sharing of personal data. Shred documents. Opt out of pre-approved credit offers.
- Closely review all statements and order free annual credit reports.
- Use credit monitoring and identity theft insurance for extra security.
- Use strong antivirus software and be wary of phishing scams.
Identity theft is a serious crime that can cause major financial harm and damage someone’s identity. These crimes involve fraudulently stealing personal identification information like social security numbers to obtain money or credit.
Identity thieves may open a bank or fraudulent accounts using a victim’s identity without their consent for personal gain. As an identity theft attorney in New York, I help victims restore their credit reports by disputing fraudulent charges and getting false accounts removed.
My law office provides a free consultation to draft a defense against these crimes.
There are degrees of identity theft charges in New York ranging from third-degree identity theft to first-degree. Lower-level offenses may involve non-criminal actions like using someone’s personal information to get credit without causing financial loss.
More serious felonies include stealing identities to commit other crimes or harm the victim’s financial well-being. My firm defends clients against all levels of identity theft and works to protect their rights.
We seek alternative resolutions like straight conditional discharges for first-time offenders with low-level misdemeanors. We aim to restore victims’ identities and keep their credit reports clean.
Identity theft can wreck financial and personal lives. At my law offices, we aggressively defend clients against these charges and help victims recover.
Our attorneys have experience with all aspects of identity crimes and related offenses. We conduct an initial consultation to craft the strongest defense against charges like unlawful possession of stolen property, forgery, or criminal possession.
Our firm understands these complex laws and how to effectively advocate for those accused of identity theft in New York. Contact my office today to schedule a free appointment.
Do Not Accept a Stolen Identity – Fight Back!
Discovering you are an identity theft victim can be devastating, but do not accept companies mishandling your disputes.
You have legal rights. With extensive records, attorney help, and persistence, you can remove the fraud from your credit history and regain your standing.
Do not allow this crime to ruin your finances and peace of mind. Take back control and obtain credit again!
My firm defends clients against the full range of identity theft accusations, from forged instruments to grand larceny.
If you believe you have items on your credit report as a result of identity theft, contact me right away by filling out the contact form or calling my office at (212) 301-7641.