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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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I had my identity stolen and many credit card accounts

Customer Question

Customer: Hi. I had my identity stolen and many credit card accounts opened around December 26-Jan2. Bills are in the thousands now. Most of the damage was new accounts or attempted new accounts. They had my date of birth, name social security, phone number and info for a bank i had a previous mortgage with. They had gone into my Wells Fargo account and changed my address, email and password. I only found out because I had signed up to receive emails when there are any changes. Yesterday i received a letter from the mortgage company and title company i refinanced with that their was fraud in early December and my info was stolen. I did not receive a letter from them till yesterday and it was dated January 8, 2016. I have contacted them and all they will offer me is the 12 months of id monitoring they are offering all 840 people. I want their protection for 20 years not help after the fraud is committed. I want prevention protection. What can I do?
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Customer: What other info do you need?
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Submitted: 10 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 10 months ago.

Thank you for your patience as I researched this for you.

If a financial institution is negligent (typically because of computer security issues) then the consumer may sue for breach of privacy and confidentiality.

Some states have been very proactive and have required institutions to notify the consumer as soon as possible if there is a security breach (ie California - "Without unreasonable delay").

but even in the states that have not passed legislation re: notification, the courts will look to the industry standard to determine if the institution adequately safeguarded information based on the status quo; and whether reasonable notification was provided.

If not, the consumer may sue in civil court for the aforementioned causes of action.

Expert:  LegalGems replied 10 months ago.

Some information on how to recover from ID theft:

http://www.consumer.ftc.gov/features/feature-0014-identity-theft

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