Phishing is an attempt by an identity thief to obtain private account numbers or other personal identifying information over the Internet. The thief engineers an official-looking e-mail purporting to be from a financial institution, credit card company, or other entity holding sensitive personal information. These fraudulent e-mails ask the receiving consumers to provide or confirm personal data, such as account numbers, social security numbers, dates of birth, and other sensitive data. NEVER reply to such an e-mail.
Byrnes Kirkwood - Red Bank, New Jersey
Every day, thousands of people are victimized by computer hackers, spam e-mails, and Internet phishing scams. These cyber criminals are responsible for untold suffering and financial loss.
If you have been the victim of identity theft, the experienced attorneys at Byrnes Kirkwood can help. Contact our law office in Red Bank, New Jersey to learn more about how we can help you.
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Have you been the victim of identity theft? Call Byrnes Kirkwood at 732-219-7711. Our partners, Sean F. Byrnes and Christopher Kirkwood, have more than 40 years of combined legal experience.
We are passionate advocates for the victims of identity theft. Contact Byrnes Kirkwood today to speak with an attorney who will fight for you.
Identity Theft from a Federal Perspective
Millions of Americans are victimized by identity theft each year. If you have been the victim of identity fraud, a lawyer at Byrnes Kirkwood, Attorneys at Law in Red Bank, New Jersey, can help you to sort out what steps you can take to protect yourself from here and what possible legal remedies may be available to you.
The federal government helps to combat identity theft in two major ways: through its criminal and civil laws, and through the work of public agencies.
Federal Criminal Law
Identity theft became a federal criminal offense with the implementation of the 1998 Identity Theft and Assumption Deterrence Act (ITADA). Most violations are punishable with up to 15 years’ imprisonment, plus possible fines. Several other types of federal crimes may also be committed with the behavior typically thought of as constituting identity theft: Social Security number fraud, misuse of a US passport, false statements to US government officials, credit card or telecommunications fraud, computer fraud, postal fraud, bank fraud, wire fraud, immigration fraud, and other related crimes.
Federal identity fraud crimes are prosecuted by US Attorneys at the Department of Justice (DOJ). Other federal agencies assist in the discovery and investigation of these crimes, including the Federal Bureau of Investigation (FBI), the Postal Investigation Service, the Department of Homeland Security (DHS), the Social Security Administration Office of the Inspector General (OIG), and the Secret Service (USSS), among others.
Federal Privacy Law
Other federal laws govern entities that collect or obtain private information in the course of doing business. For example, the Fair Credit Reporting Act (FCRA) helps protect private information by regulating credit reporting agencies (CRAs), creditors, and users of credit rating information to require accuracy in reporting and restrict the uses of such information.
The Fair and Accurate Credit Transactions Act of 2003 (“FACT Act”) further toughened the federal regulation of these parties. The FACT Act also obligates each of the three largest CRAs to release a free credit report to each requesting consumer annually, allowing consumers to more easily monitor their credit reports for accuracy and signs of identity theft.
Various other federal laws protect private consumer information held by various industries. For example, the 1999 Gramm-Leach-Bliley Financial Modernization Act (“GLB Act”) details requirements for financial institutions to secure their customers’ personal information. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) imposes similar security standards for private information on the health care industry.
The Federal Trade Commission (FTC)
The FTC is the federal agency with responsibility to prevent “unfair or deceptive acts or practices in or affecting commerce” in most situations. 15 USCA § 45(a)(1). Under this responsibility, it has established a Division of Privacy and Identity Protection. The Commission fights identity theft by taking legal action against culpable entities with illegal or inadequate security practices. The FTC also takes consumer identity theft complaints at their Web site (https://rn.ftc.gov/pls/dod/widtpubl$.startup?Z_ORG_CODE=PU03), by mail, or by phone. Consumers can file complaints or get advice from the FTC's Identity Theft Hotline toll free (877-ID-THEFT; TTY 1-866-653-4261). Their Identity Theft Web Site contains a wealth of information (http://www.ftc.gov/bcp/edu/microsites/idtheft/).
Conclusion
The federal government provides regulation, enforcement, and consumer protection in the area of identity theft. Similarly, each US state has its own privacy and/or consumer protection laws and mechanisms. A victim of identity theft may have remedies under both federal and state law. An attorney knowledgeable and experienced in consumer protection at Byrnes Kirkwood, Attorneys at Law in Red Bank, New Jersey, can help you understand your rights and remedies.
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