How Identity Thieves Get Your InformationIdentity 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.
These entities can be sued for
- negligence, and
- breach of fiduciary duty.
What Can I Recover?A plaintiff can often recover monetary damages or intentional infliction of emotional distress.
Victims may also be awarded punitive damages. These are monies awarded to deter the thief from future wrongdoing. Also money can be awarded for legal relief. Another kind of relief that a court can award is known as equitable relief when a judge uses principles of fairness.
A defendant bank may also be ordered to notify others whose data was exposed in the theft.