Security lock, cyber security concept

When Can I Sue for Identity Theft?

Identity theft is the fraudulent acquisition and use of an individual’s personal information for financial gain. The unique information typically associated with i theft includes dates of birth, phone numbers, Social Security numbers, email addresses, fax numbers, bank account information, and credit card numbers. When a thief obtains any of this type of information, he or she can then use it to impersonate the individual whose information was stolen. Luckily, victims of identity theft may be entitled to financial compensation via an identity theft lawsuit. If you are a victim of identity theft, please contact a consumer class action attorney for assistance. 

Liability for Identity Theft

In addition to the thief, there are several entities that can be held liable for identity theft. Entities that can be held liable for identity theft include the major credit bureaus (Equifax, TransUnion, and Experian), credit institutions, and banks. There are several theories of liability that victims of identity theft can utilize to seek compensation for their losses, including breach of fiduciary duty and negligence. To demonstrate negligence, an identity theft victim must show that 

  • the defendant owed him or her a duty of care,
  • the defendant breached that duty of care,
  • the defendant’s breach resulted in damages. 

An identity theft victim may also be sued for breach of fiduciary duty. A fiduciary duty exists when a party has a special relationship with another party, such as doctor-patient or attorney-client. Due to the nature of this relationship, the responsible party (the fiduciary) must take extra precautions regarding an individual’s personal information. If the fiduciary fails to protect this information, he or she may be held liable for any resulting losses. 

Additional theories of liability that may be available to identity theft victims include

  • invasion of privacy,
  • appropriation of a victim’s likeness or name, and
  • intentional infliction of emotional distress.

Financial Compensation for Identity Theft

There are several types of damages available to identity theft victims. Examples include compensatory damages (which compensate victims for monies lost as a result of identity theft), punitive damages (which are assessed to deter future wrongdoing), and equitable relief (which prohibits a defendant from performing some future act). 

Contact a Consumer Class Action Attorney Today! 

If you are a victim of identity theft, you need an experienced consumer class action attorney on your side. Identify theft is often the result of the negligence of businesses and other financial organizations that store or have access to your personal information. When an entity provides a party with unauthorized access to this information, whether intentionally or due to negligence, our attorneys will work hard to ensure that you are financially compensated for your loss. Our talented legal team has extensive litigation, investigative, and trial experience, which means that we understand what it takes to succeed in a consumer class action lawsuit. Please contact us as soon as possible to schedule a consultation.

Fingerprint security; identity theft.

Damages Available in Identity Theft Cases

Tens of millions of people have their identities stolen every year. In fact, nearly 15 million people were victims of identity theft in 2019. Of those identity theft victims who suffered unreimbursed expenses due to identity theft, the median loss was approximately $400. In other words, identity theft has a major impact on its victims, and those who suffer financial losses due to identity theft often must resort to legal action to recoup their losses. Luckily, the victims of identity theft may be entitled to damages, which are a form of financial compensation. Below is an overview of identity theft lawsuits, including the types of damages available in these cases. For additional information, please contact a consumer class action attorney as soon as possible. 

Liability for Identity Theft

Before you seek damages in an identity theft lawsuit, you must determine who is at fault for your losses. In a perfect world, you would bring a lawsuit against the person who stole your identity. However, identity thieves are often difficult to catch. Luckily, in cases where the thief can’t be located, there are other parties who may be held liable for your losses. Certain institutions are responsible for keeping your personal information, such as your Social Security number, private. When they fail to do so, they can be held responsible for your losses. Parties that can be held liable for identity theft include:

  • Banks and other financial institutions, 
  • Government entities,
  • Creditors, and
  • Employers.

Causes of Action for Identity Theft 

There are several causes of action for identity theft due to the various ways that an identity can be stolen. Examples of possible causes of action include:

  • Infliction of emotional distress,
  • Negligence,
  • Invasion of privacy,
  • Breach of fiduciary duty, and 
  • Breach of contract.

Damages for Identity Theft

Depending on the cause of action in your case, the extent of your loss, and the type of defendant, you may have several forms of compensation available in your case, including:

  • Compensatory damages,
  • Emotional damages,
  • Punitive damages, and 
  • Injunctive relief.

In order to determine what type of financial compensation you may be entitled to, you should contact a consumer class action attorney.

Contact a Consumer Class Action Attorney Today! 

If you have suffered losses due to identity theft, you need to contact an experienced consumer class action attorney as soon as possible. As noted above, identity theft is often the result of the negligence of financial organizations and other businesses that store or have access to your personal information. When an entity provides a party with unauthorized access to this information, our attorneys will work hard to hold it responsible for your financial losses. Our talented legal team has extensive investigative, litigation, and trial experience, which means that we understand what it takes to be successful in your consumer class action lawsuit. Please contact us today to schedule a consultation. 

Woman on her phone, looking for signs of identity theft.

How to Recognize Identity Theft

Identity theft is a major problem in the United States. In fact, nearly 30 percent of all adults in the United States will fall victim to identity theft at some point in their lives. In other words, identity theft poses a serious threat to everyone. Luckily, there are steps you can take to both recognize and prevent identity theft. When you learn how to recognize identity theft early, you can drastically lessen the damage it causes to your financial situation. Below is an overview of how you can recognize and prevent identity theft.  

Signs of Identity Theft

The primary way to recognize identity theft is by reviewing your credit report. Your credit report contains all of your current credit account information, so anything you don’t recognize—such as a credit card you never applied for—is a sign that you may be a victim of identity theft. However, the signs of identity theft go beyond your credit report. Additional indications that you may be a victim of identity theft include: 

  • Failure to receive certain checks or bills,
  • Receipt of bills for items you didn’t order or statements for credit cards you don’t recognize,
  • Denial for credit cards or other loans despite a good credit history,
  • Unauthorized bank transactions,
  • Notice that your personally identifiable information was part of a data breach,
  • Denial of your electronic tax filing, and
  • Receipt of unauthorized authentication messages by email or text for unknown accounts.

Preventing Identity Theft 

Although no one is completely safe from identity theft, there are several steps you can take to reduce your risk of becoming an identity theft victim, including:  

  • Don’t carry your social security card in your wallet,
  • Monitor and protect your mail,
  • Shred bank statements and other important documents that you don’t plan to keep,
  • Avoid public Wi-Fi use,
  • Make sure your passwords are strong, and 
  • Don’t share personal information on social media.

Contact a Consumer Class Action Attorney Today! 

If you are a victim of identity theft, there are steps you can take to begin repairing your finances, one of which is contacting an experienced consumer class action attorney. Identity theft is often the result of the negligence of financial organizations and other businesses that store or have access to your private information. When one of these entities provides a third party with access to your financial information without your permission, our attorneys will work hard to ensure that they are held financially accountable for their actions. Our talented class action team has extensive investigative, litigation, and trial experience, which means that we have what it takes to effectively represent you in your consumer class action lawsuit. In addition, we have the experience and resources to stand up to major corporations and big businesses in court. Please contact us today to begin your journey to financial recovery. 

Woman on her phone looking through her secured accounts.

What Should I Do After My Identity Has Been Stolen?

Each year, tens of millions of people are victims of identity fraud. In fact, in 2019 alone, over 14 million people had their identities stolen. Nearly a quarter of these victims had unreimbursed expenses related to the fraud, with the median loss being approximately $400. If you are a victim of identify theft, there are several steps you must take to repair the damage. For additional guidance on this topic, please contact a consumer class action attorney as soon as possible. 

File a report with the Federal Trade Commission

If you believe your identity has been stolen, the first thing you should do is file a report with the Federal Trade Commission. Although the Federal Trade Commission doesn’t have the ability to pursue criminal charges, its information is often used by law enforcement agencies to track down perpetrators. In addition, after you’ve reported the fraud, you’ll receive a recovery plan and prefilled forms to use to file police reports and dispute fraudulent charges with the credit bureaus.

File a report with the police

The next thing you should do after having your identity stolen is to file a report with your local police department. Although your local police department may be of limited assistance if your identity was stolen by criminals online or overseas, it will be able to help you if the theft took place locally. 

Notify the IRS  

If your Social Security number was used to file an income tax return, you should report this to the IRS. This can be accomplished by submitting a Form 14039 Identity Theft Affidavit to the IRS. 

Follow up with the major credit bureaus

Identity theft often results in destroyed credit. Therefore, if your identity has been stolen, you should immediately contact the three major credit bureaus and request that a fraud alert be placed on your account. This alert will stay on your credit report for a year, and it lets any institution that pulls your credit report know that your identity may be compromised. 

Initiate a credit freeze and review your credit reports

You should also review your credit reports and consider initiating a credit freeze. When you check your credit reports, you should see if any accounts have been opened that you don’t recognize. And a credit freeze will prevent the credit bureaus from sharing your report with anyone who requests it. This will prevent lenders and other parties from accessing your reports before you’ve had a chance to sort them out. 

Contact a Consumer Class Action Attorney Today! 

Finally, if you are a victim of identity theft, you need an experienced attorney on your side. Often, identity theft occurs due to the negligence of financial organizations and other businesses that store or have access to your personal financial information. When a person or entity provides third parties access to your financial information without your permission, we will work to ensure that they are held financially accountable for their actions. Our class action team has extensive investigative, litigation and trial experience, which allows us to effectively represent you in your consumer class action lawsuit. In addition, we have the experience and resources to take on major corporations and big businesses in court. Please contact us today for a consultation.

Man receiving a robocall in his car.

Major Telecommunications Companies Combat Robocalls With New Technology

Several major telecommunications companies recently announced that they’ve developed new technology to help combat illegal robocalls. This technology, called STIR/SHAKEN, is a cross-network number verification system that protects consumers from scams and robocalls. This new technology is intended to prevent “spoofing,” which is a process that makes a false number appear on a call recipient’s caller ID. Scammers use this method because they know that people are more likely to answer calls from familiar area codes than ones they don’t recognize. 

Companies Vow to Fight Robocalls

A spokesman from T-Mobile described his organization’s battle with scammers as an “arms race” and discussed the necessity of cooperation between telecommunications companies in combating robocalls. In addition, he vowed that his organization would continue to innovate and develop new ways to fight robocalls. One such innovation is the company’s Caller Verified program, which is T-Mobile’s STIR/SHAKEN implementation. The spokesman noted that Caller Verified is now operable across 23 smartphones.

A spokesman from Sprint expressed a similar sentiment and stressed the need for cooperation despite fierce competition between telecommunications companies. The fight against robocalls, he noted, must be fought by all telecommunications company in tandem. In discussing new methods of combating robocalls, he stressed the importance and effectiveness of STIR/SHAKEN and said that implementation of this new technology will improve the overall experience of his company’s customers. 

STIR/SHAKEN Overview

As noted above, STIR, which is an acronym for “Secure Telephone Identity Revisited,” and SHAKEN, which is an acronym for “Signature-based Handling of Asserted Information Using Tokens,” are new technologies designed to combat robocalls. Specifically, SHAKEN/STIR is a technology framework that allows calls that travel through interconnected phone networks to have their caller ID numbers signed as legitimate by phone carriers before reaching consumers. In other words, SHAKEN/STIR digitally validates the authenticity of phone calls that pass through different phone networks, thereby allowing the phone companies of receiving consumers to verify that calls match the numbers displayed on consumers’ caller IDs.

Have You Received Unwanted Robocalls? Contact a Florida attorney today! 

Unfortunately, despite measures such as those discussed above, scammers continue to place robocalls, and the number of calls is only increasing. If you are sick and tired of unwanted robocalls, our experienced Florida TCPA attorney is here to help you fight back. With the help of attorney Seth Lehrman, not only will we help you fight illegal robocalls, but you may receive financial compensation in the process. Seth Lehrman represents people who have received unwanted robocalls or texts in TCPA cases in Florida and nationwide. If your claim is successful, you are eligible to recover up to $1500 for each documented violation of the TCPA law. So, if you have received unsolicited robocalls or have been subjected to other harassing behavior by telemarketers, please contact us as soon as possible for a free consultation.

California man receiving a call from an unknown number.

Your Rights Under the TCPA in California

The Telephone Consumer Protection Act (“TCPA”) is a federal law that prohibits certain types of unwanted calls. Under the TCPA, several types of calls are prohibited, including auto-dialed calls and prerecorded messages to cellular telephones that are made without the recipient’s consent. The TCPA applies to text messages and telephone calls. Since the TCPA is a federal law, it applies in every state, including California. This means that if you are a California resident, you may be entitled to financial compensation for each prohibited phone call you receive. Below are some of the main things you should be aware of regarding your rights under the TCPA in California:  

  • The TCPA applies to cell phones, landlines, and fax machines. Regarding faxes, the TCPA requires that unsolicited advertisements sent via fax contain a notice informing recipients of how to opt out of receiving future fax advertisements.
  • Prerecorded and artificial telemarketing calls to landlines are prohibited without the express consent of the recipient. However, non-sales calls and prerecorded calls that are made using an auto-dialer are allowed. Examples of permitted calls include opinion polls, surveys, and charitable fundraising communications. 
  • Telemarketers are prohibited from calling a landline on the do not call list two or more times in a 12-month period. 
  • The TCPA prohibits certain types of sales calls, including illegal robocalls. Companies sometimes place illegal sales calls using fake caller ID information in an effort to increase the likelihood that call recipients will pick up the phone.
  • All telemarketing calls placed to a cell phone are prohibited without the express written consent of the recipient, and this includes prerecorded and auto-dialed calls. And even when consent is given, the consumer may revoke it at any time. 
  • A debt collector may only call a consumer’s cell phone if it is related to a specific debt transaction. No other purposes are permitted under the TCPA. 

Damages in California TCPA Cases

When telemarketers in California violate the TCPA with illegal phone calls, the recipients of these calls may be entitled to financial compensation. Specifically, consumers may be entitled to up to $500 for each call, text, or fax that violates the TCPA. And when telemarketers or debt collectors willfully violate the TCPA, consumers may be entitled to up to $1500 per illegal call.  

Fight Back Against Unwanted Debt Collection and Telemarketing Calls! 

If you are a California resident who has received calls that are prohibited under the TCPA, you need a TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you receive financial compensation for the harassment you’ve endured. If you have received unsolicited telemarketing calls in California and are ready to fight back, please contact our law firm as soon as possible for a free consultation.

Person picking up phone call from a telemarketer.

Do Not Call List Violations Under the TCPA

The Telephone Consumer Protection Act (“TCPA”) is a federal law that regulates telephone communications in an effort to protect consumers. In furtherance of this goal, the TCPA led to the creation of a national do not call list in 2003. Telemarketers may not contact consumers whose names appear on this list more than once in a one-year period. When a person on this list receives more than one telemarketing call in a year, he or she may be entitled to financial compensation. Below is an overview of do not call list violations under the TCPA. For more information on the do not call list and TCPA violations, please contact a Florida TCPA attorney.

Who is Exempt from the Do Not Call List? 

Although the do not call list affords protection to those who choose to register, it doesn’t prevent all telemarketing calls. The list doesn’t apply to telemarketers who:

  • Have a business relationship with an individual on the list, or
  • Have written consent to call a person on the list. 

However, even if an individual gives a business permission to contact him or her via telephone, this consent can be revoked at any time. For information on how to effectively revoke permission to be called by a telemarketer, contact a Florida TCPA attorney.

What Happens When a Telemarketer Violates the TCPA? 

If a business calls someone who is on the do not call list twice during a 365-day period, the recipient of the call may be entitled to financial compensation under the TCPA. Under the TCPA, when a telemarketer calls someone on the do not call list more than once in a year, the violator is liable for statutory damages in the amount of $500 per call (excluding the first call made to the individual on the do not call list). In addition, if the violation of the TCPA was willful, the court may award the recipient of the unwanted call up to $1,500 per call. If you are the victim of telemarketer harassment, the best way to ensure you receive financial compensation is to contact a Florida TCPA attorney as soon as possible. 

Contact a Florida attorney today! 

Telemarketers are notorious for harassing innocent people. Luckily, as a consumer, you no longer have to accept telemarketer harassment. If you’re ready to fight back against illegal calls, you need a Florida TCPA attorney in your corner. When you hire attorney Seth Lehrman, we’ll do everything we can to ensure that you are well compensated for the harassment you’ve endured. In fact, you may be able to recover up to $1500 for each documented violation of the TCPA. Therefore, if you have received unsolicited robocalls or pre-recorded messages in Florida or elsewhere in the United States, please contact our law firm as soon as possible for a free consultation.

Man receiving call with an artificial voice

The TCPA and Calls Using Artificial Voice

The Telephone Consumer Protection Act and its implementing regulations protect consumers by regulating the use of automatic telephone dialing systems and artificial voice calls. An automatic telephone dialing system is a type of equipment that stores or produces telephone numbers to be called and automatically dials such numbers. Artificial voice calls are calls that use artificial intelligence to communicate with customers. Telemarketers often use automatic telephone dialing systems to make artificial voice calls to consumers in large quantities. The TCPA restricts the use of artificial voice calls and holds telemarketers financially liable for violations. Below is an overview of artificial voice and the TCPA. 

Damages for Artificial Voice Calls 

Any consumer who receives prohibited artificial voice calls may file a lawsuit against the telemarketer or debt collector who made the calls. Under the TCPA, a consumer is eligible to receive:

  • Up to $500 for every violation of the do not call registry,
  • Up to $500 per artificial voice call that violates the TCPA, and
  • Up to $1,500 per artificial voice call if the consumer can prove that the telemarketer violated the TCPA knowingly and willfully.

What to Do if you Receive an Artificial Voice Call

If you receive an artificial voice call and wish to pursue compensation under the TCPA, you should take the following steps: 

  • Obtain copies of your phone records and highlight all calls from telemarketers and debt collectors.
  • Write down details of each artificial voice call you receive, including the date of the call, the time of the call, and the identity of the company that initiated the call.
  • If you have placed a company on notice that you don’t wish to receive calls, keep a copy of the correspondence.
  • Finally, although most artificial voice calls are forbidden under the TCPA, some types of telemarketing calls are permitted, and it can sometimes be difficult to determine whether a caller has violated the law. Therefore, if you’ve received unwanted telemarketing calls of any kind, you should have an attorney review the details of your case in order to determine whether you may be eligible for the compensation discussed above.

Contact Lehrmanclassaction.com Today!

The TCPA forbids certain types of telemarketing calls, including calls that use artificial voice. However, this hasn’t stopped telemarketers from continuing to harass people. If you are a victim of prohibited phone calls from telemarketers and are ready to fight back, you need a Florida TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you are well compensated for the harassment you’ve endured. Seth Lehrman dedicates a large portion of his practice to representing people who are sick and tired of unwanted telemarketing calls. Therefore, if you have received unsolicited telemarketing calls in Florida or elsewhere in the United States, please contact our law firm as soon as possible for a free consultation.

Woman who receiving calls with prerecorded messages.

The TCPA and Calls Using Prerecorded Messages

The Telephone Consumer Protection Act (“TCPA”) is a federal law that protects consumers by regulating telephone communications, including pre-recorded messages. Telemarketers use prerecorded calls to communicate previously recorded messages to consumers. Prerecorded messages are favored by telemarketing companies because they are an efficient way to reach a large number of people in a short period of time. The TCPA has explicit rules in place regarding the use of prerecorded messages, and when telemarketers violate the TCPA, recipients of these calls may be entitled to up to $1500 per incident. Below is some additional information on the TCPA and calls using prerecorded messages.  

Ringless Voicemail

Prerecorded messages are often transmitted to customers via a method called ringless voicemail. Ringless voicemail, which is also called a voicemail drop, is a method used by telemarketers to place a pre-recorded message directly into a customer’s voicemail inbox without first causing his or her phone to ring. This practice, which is favored by debt collectors and spammers, is often combined with caller ID spoofing. Caller ID spoofing is a method used by telemarketers and scammers that falsely displays a local number on a recipient’s caller ID. Caller ID spoofing makes recipients more likely to respond to calls and prerecorded messages. 

Are Calls Using Prerecorded Messages Ever Allowed Under the TCPA?

Although many pre-recorded messages are forbidden and can result in financial compensation for recipients under the TCPA, certain types of pre-recorded messages are allowed, including: 

  • Prerecorded messages made for emergency purposes
  • Prerecorded messages not made for commercial purposes
  • Prerecorded messages made for commercial purposes but that do not meet the definition of “telemarketing”
  • Prerecorded health care messages made by certain covered entities

What Should I Do if I Receive a Pre-recorded Message? 

If you receive a pre-recorded message, you should document the details of the call and contact a Florida TCPA attorney. As noted above, some types of pre-recorded messages are permitted, and the law makes distinctions between cell phones and landlines. Therefore, it’s often necessary to have an attorney review the details of your case in order to determine your eligibility for financial compensation under the TCPA. 

Contact a Florida attorney today! 

Telemarketers harass countless people each day with robocalls and prerecorded messages. If you’re ready to fight back against illegal calls from telemarketers, you need a Florida TCPA attorney in your corner. When you hire attorney Seth Lehrman, you can rest assured that we’ll do everything we can to ensure that you are well compensated. In fact, you may be able to recover up to $1500 for each documented violation of the TCPA. Seth Lehrman dedicates a large portion of his practice to representing people who are sick and tired of unwanted robocalls and prerecorded messages. Therefore, if you have received unsolicited robocalls or pre-recorded messages in Florida or elsewhere in the United States, please contact our law firm as soon as possible for a free consultation.

Man receiving a robocall, TRACED Act seeks to reduce them.

TRACED Act Seeks to Reduce Illegal Robocalls

Robocalls are a huge problem in the U.S. In fact, approximately two hundred million robocalls are made every day. That’s a bewildering statistic. And it also means that you’ve probably received at least one robocall at some point in your life. Robocalls vary from irritating to dangerous, and many people accept these calls as an inevitable part of life. But they don’t have to be. Luckily for those who are sick of robocalls, the law provides victims of robocalls a way to fight back and earn financial compensation in the process. In addition, a federal law, called the TRACED Act, was just passed that aims to make things even tougher for telemarketers who harass people with robocalls. Below is an overview of this recent effort to curtail illegal robocalls. If you have additional questions or are a victim of robocalls, please contact a Florida TCPA attorney as soon as possible. 

The TRACED Act  

President Trump recently signed the TRACED Act into law, which increases the punishment for unlawful robocalls. The fine for making an illicit robocall is now ten thousand dollars for each illicit call. In addition, the law requires the FCC to create rules that prevent unauthenticated calls and texts from reaching phone users and that detail the circumstances under which networks can block phone calls.

The law also establishes self-review procedures. The Justice Department and the FCC must develop a working group that studies the enforcement of robocall bans and then report the findings to Congress. Similarly, the FCC must analyze its guidelines on a number of resources to determine if it reduces spammer access.

The Future of Robocalls 

While the new law is a step in the right direction, it is unlikely to stop the present avalanche of robocalls. Offenders often stay one step ahead of the law, and they utilize a variety of software tricks and hacks to make robocalls. In addition, many perpetrators are willing to take the risk of being fined due to the profitability of their practices. However, as a consumer, you don’t have to put up with these calls. 

Sick of robocalls? Contact a Florida attorney today! 

As anyone with a phone knows, robocalls are out of control. If you are sick and tired of unwanted robocalls, it’s time for you to fight back. With a Florida TCPA attorney on your side, not only will we help you fight these calls, but we may be able to help you obtain financial compensation in the process. If your claim is successful, you can recover up to $1500 for each documented violation of the TCPA law.

If you are a victim of telemarketer harassment of any kind, attorney Seth Lehrman is here to help. Seth Lehrman represents people who have received unwanted robocalls or texts in TCPA cases in Florida and nationwide. If you have received unsolicited robocalls or have been subjected to other harassing behavior by telemarketers, please contact our law firm as soon as possible for a free consultation.