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.
Legal Remedies for Identity Theft
The body of law that deals with identity theft is large and evolving, criminal and civil, state and federal. If your important private identifying information is stolen and you become the victim of identity theft or identity fraud, an attorney well versed in consumer protection from Byrnes Kirkwood, Attorneys at Law in Red Bank, New Jersey, can educate you about the law and advise you about possible legal remedies.
Criminal Law
Identity theft, in and of itself, is a federal crime and a state crime in many states. Behavior constituting identity theft may also violate other federal and state criminal statutes. In some circumstances, punishment for the crime may include an order that the identity thief provide restitution to the victim. Some states’ criminal codes provide that identity theft victims may sue their perpetrators for damages and some states even set forth the formula for calculating those damages.
Civil Lawsuits Based on Statutes or Constitutions
In some jurisdictions and situations, victims may bring lawsuits based on violations by third parties of federal or state privacy or consumer protection laws. These third parties can include entities such as businesses or financial institutions with legal obligations to safeguard information they possess about individuals. A specific example is the federal Fair Credit Reporting Act (FCRA) that provides for civil lawsuits against credit reporting agencies or furnishers of credit information to those agencies if they violate the Act to the detriment of identity theft victims. Some victims may be able to sue for constitutional violations, such as of the right to privacy, or under civil rights laws.
State Common Law Remedies
A victim of identity theft may have various state common law remedies. These may include lawsuits for negligence, fraud, misrepresentation, invasion of privacy, breach of fiduciary duty, defamation, breach of contract, negligent or intentional infliction of emotional distress, and others, depending on the state law and the circumstances. The types of recoverable damages will also vary, but common questions include whether under the circumstances damages for future potential financial losses are available, or whether punitive damages meant to punish the wrongdoer are available.
Preemption by Federal Law
A developing issue is the extent to which federal identity theft law preempts state identity theft law. Under our constitutional system, federal law preempts, or supersedes, inconsistent state law on the same topic. Courts continue to look at the extent to which federal remedies for identity theft may constrain available state remedies. If you explore your legal remedies for identity theft, this is a complex issue on which a lawyer can advise you.
Duty to Mitigate Damages
Identity theft victims are often required to mitigate their damages in a lawsuit. This means that the victim must take reasonable steps to contain the damage, which might include closing accounts, changing passwords, reporting the crime, filing an FTC complaint, or other logical remedial actions. When a victim has the ability to contain the financial damage resulting from the identity theft, sometimes the failure to do so could restrict his or her recovery in a lawsuit for those damages.
Conclusion
This is a brief overview of the breadth of possible legal remedies available to an identity theft victim. An experienced, skilled lawyer at Byrnes Kirkwood, Attorneys at Law in Red Bank, New Jersey, can advise you about your potential legal remedies in your particular circumstances.
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