Identity Theft
Credit cards, online banking, and social media make life more convenient but leave people vulnerable to identity theft. Realizing someone else uses your bank account or social security number is incredibly stressful, but you have options for legal recourse. Matthew L. Collins is a native of Lawrenceburg, Kentucky, who will fight to help you take legal action against the thief and recover losses.
Types of Identity Theft
Most identity theft cases involve the unauthorized use of bank accounts and credit cards, but identity thieves can also use your information for other purposes. For example, criminals can use your personal information to receive medical care, aka medical identity theft. Using the proper data, someone can apply for benefits, like unemployment insurance, in your name. Another strategy identity thieves employ is using your name and birth date when they are pulled over or arrested.
Ways Thieves Obtain Identity Information
Identity thieves use various strategies to access your data, with some methods being more advanced than others.
- Dumpster diving is a popular way to find paperwork containing private information, so shredding personal documents is essential.
- Skimming is another tried-and-true technique. A thief copies your credit card information by hand or with a machine when it’s out of sight, such as when a server takes it at a restaurant.
- Phishing is a more sophisticated technique that tricks you into providing information. If you receive a suspicious email that claims to be from your bank or credit card company, call them to verify it before you click any links.
- Many thieves get your information by stealing your purse or wallet. It’s crucial to contact your financial institutions as soon as you discover it’s missing to help prevent unauthorized transactions.
- Stealing information from public Wi-Fi is another popular strategy criminals use. Don’t use the Wi-Fi at a coffee shop or office building to visit websites with personal information, like your medical records.
- Mail theft can also put you at risk of a stolen identity. Use a locking mailbox if you can, and have your post office hold mail if you travel.
Identity Theft Laws in Kentucky
Under Kentucky law, identity theft is a Class D felony, and convicted individuals are subject to jail time, fines, and restitution. If you suspect your identity has been stolen, taking immediate action is imperative. Under KRS 514.160, the statute of limitations for pursuing identity theft claims is five years from the date of discovery.
- KRS 434.872 Disclosure of information from financial information repository – Class D felony
- KRS 434.874 Trafficking in financial information – Class C felony
- KRS 514.160 Theft of identity – Class D felony
- KRS 517.170 Trafficking in stolen identities – Class C felony
- KRS 532.034 Requiring restitution for financial loss sustained by a victim when a defendant is found guilty of KRS 434.872, 434.874, 514.160, or 514.170
How to Stop Identity Theft
Despite the significant impact identity theft can have on your life, there are several ways to reduce the likelihood of being a victim.
- Protect your social security number; never provide it unless you know the requestor’s legitimacy.
- Create strong passwords using a password generator; never use the same password for multiple accounts.
- Take advantage of two-factor authentication when it’s available.
- Before throwing them away, shred documents with sensitive data, including medical and financial records.
- Review bank and credit card statements regularly to look for unusual transactions.
- View your credit report regularly. The three bureaus, Experian, Equifax, and Transunion, must provide a free copy annually, so we suggest requesting one every four months.
Legal Options for Victims of Identity Theft
Victims of identity theft should call the police to file a report and then contact my office to schedule a consultation. Attorneys are familiar with laws to protect consumers, like the Fair Debt Collection Practices Act, which prevents abusive collection practices, and the Fair Credit Reporting Act, which removes fraudulent accounts from a credit report. An attorney can also help you collect damages related to the theft. You may be entitled to pecuniary damages for denial of credit or higher interest rates, emotional distress, and punitive damages to punish the thief and deter similar behavior in the future.
You can also contact the credit bureaus to place a fraud alert on your account and freeze your credit report so any attempts to access it will be denied. Dispute unauthorized transactions by writing a letter to the billing dispute address on your credit card statement that includes your name, address, account number, and the transaction date; you must send this letter within 60 days of receiving the statement. Another step we encourage you to take is reporting identity theft to the Federal Trade Commission at IdentityTheft.gov.
Identity Theft Attorney Near Lawrenceburg, KY
If you are a victim of identity theft, an experienced attorney is vital for navigating the legal aspects, such as receiving punitive damages and removing items from your credit report. Matthew L. Collins has an exceptional record of success in the courtroom and has several areas of practice, including family law, personal injury law, and more.
Visit the office at 135 South Main Street in Lawrenceburg, KY, call (502) 353-4916, or contact us online. Matthew serves clients in Central Kentucky, including Anderson County, Fayette County, Woodford County, Lawrenceburg, Versailles, and Lexington, KY.
