Identity theft legal question. Who is liable and how do I go after them?

Question

I recently discovered that my identity was stolen and several "instant" department store credit cards were opened in my name. Luckily, I caught on since I got all these new cards that I didn't request, reported it, and it is now under investigation.

Anyway, I'd like to know if the merchant has any liability in providing the cards outside of checking the ID of the perpetrator when they applied for the credit and processing the forms.

The person who did this had a fake ID with my info on it, but they provided a false telephone number (not even the correct area code) which I imagine would have raised a flag.

So, would it be prudent to go after the merchants that approved the cards? If so, what kind of law practice would do this type of thing?

Yes, these accounts were maxxed out on the day they accounts were opened using some sort of temporary credit card. I have never opened a card at a store so don't know exactly how it works. All combined, 9 cards charged to the tune of about $70K...yipes!

Answer 1

I have a couple of things. First, the merchants are not repsonsible at all. Secod, good luck finding the crook. This is the hardest crime to identiify. Third, someone must have your social if they were able to do this. You might want to consider getting somesort of monitoring/restoration service. Email me, and I can send you some info!

Answer 2

Well, two things. First, the merchant will rarely be found liable for issuing a card to someone with the proper identification and information. That they offer an invalid phone number is unavailing--heck, I give a fake phone number everytime I get one of these cards as I don't want the calls.

Secondly, from the facts that you proffer, you didn't suffer any harm. You say that you actually received the cards leading me to believe they weren't used (correct me if I'm wrong). Furthermore, if it's found that identity theft did occur, then the charges, if any were made, would be written off, so you still wouldn't be damaged. So I'm a little fuzzy on what you want to "go after them" for. Really I get the sense that you're angry (justifiably so) and just want to take it out on someone. It can't work like that, though.

Find the person that stole your identity. Bring charges against them. Ride the prosecutor to prosecute it. Sue them in a civil suit to recover any damages you have actually suffered (costs of rehabbing your credit, perhaps?).

Answer 3

Nope the merchant is Rarely liable in these situations; the onus is always on the person committing the fraud, and the victim. that's why you work with a lawyer to work with the merchants to make sure that they are held responsible for not doing their due diligence on checking credentials before issuing credit cards.

Answer 4

The most appropriate site for your question –

http://www.legalservices4less.com/identitytheft.htm

Trust me its good