Identity thieves steal access to your identifying information. They take credit history, credit scores and PINs. We all read about the high-tech hacks, but often they get the information from your wallet, purse, mail box, or even eavesdropping.
Can you sue?
Thieves can be sued for fraud, under state consumer privacy and protection laws. On many occasions, there are more than one person involved. Other people that "touch" the stolen information may also be sued under the same state laws. It is possible to include a major credit bureaus (TransUnion, Equifax, and Experian), as well as banks, and credit institutions.
We will assess your circumstance and suggest a course of action.
When injured a normal reaction is to "get back" at your accuser, bully, stalker, or miscreant. In order for you to take action you need to know where you stand - legally.
Below are some of the legal issues we work through with you.
Written defamation is called "libel," and spoken defamation is called "slander." Defamation is not a crime, but it is a "tort" (a civil wrong, rather than a criminal wrong). A person who has been defamed can sue the person who did the defaming.
What are the elements of a defamation claim?
The following elements must be proven in a defamation claim:
keep all evidence of the bullying including messages, posts, etc...
Try to find out the identity of the bully and document your process and results. Contact the provider through which the bullying is occurring. For example, if you are being cyberbullied on Twitter, contact them. If the bully is leaving phone messages, contact your phone company.
Do not seek revenge or do anything a third party would consider retaliation.
Respond to the cyberbully with neutral language that asks them to quit.
If you are in fear for your safety, contact law enforcement. The evidence that you collected will help them.
Please contact us. We have the staff to make sure all the steps taken have the maximum impact to stop the issue and potentially resolve the issue in court.
The accuracy of information provided on this site is not guaranteed. It is for informal purposes only. It is NOT formal legal advice. Your use of this site does not create an attorney-client relationship.