It’s essential to understand how detrimental the impact of identity theft can be on victims. It can destroy credit, cause stress and anxiety, and even impact employment opportunities. However, many never receive compensation. This is because they may not know they are entitled to compensation! In California, identity theft victims may recover economic, non-economic, and in some cases, punitive damages. You’ll want to keep reading if you’ve been affected by identity theft. You’ll discover how you can recover damages and whether or not you can receive compensation with the help of a Los Angeles, California identity theft lawyer.
Understanding the Impact of Identity Theft on California Victims
Identity theft is a serious issue, as it can lead to considerable, long-term financial and emotional damages that exceed unauthorized charges. As such, victims may find themselves spending years attempting to remedy their credit scores and disputing debts. Under California and federal law, many of these damages can be legally compensated.
Beyond the immediate financial losses you may experience, identity theft can have long-term consequences, like difficulty obtaining housing, denied employment for opportunities that require background checks, and even increased insurance premiums.
Who Can Be Liable for Identity Theft?
Unfortunately, due to the nature of identity theft, locating the perpetrator is not always easy. However, as victims still deserve compensation, you may find that a third party who failed to secure your personal details can ultimately face liability for the damages you incurred.
Individuals Who Commit Identity Theft
- Criminals who steal the personal identifying information of others
- Hackers who are responsible for the direct misuse of consumer information
- Fraudsters who open accounts or take out loans in the name of others
Businesses and Institutions That Fail to Protect Data
- Banks and financial institutions
- Online and in-person retail store
- Employers and payroll companies
- Healthcare offices and insurance companies
How California Law Addresses Identity Theft Liability
California, on the state level, has enacted a number of specific legal duties for businesses that gather and store the personal information of consumers. As such, if those duties are violated and consumer information is compromised as a result, the impacted parties may have grounds to seek civil damages. Common laws that address these duties include:
- California Consumer Privacy Act (CCPA)
- California data breach notification laws
- Negligence and consumer protection statutes
What Types of Damages Can Identity Theft Victims Recover in CA?
Those impacted by identity theft may be eligible for a number of damages, including economic, non-economic, and punitive damages. However, the specific compensation that you are eligible for will depend on the circumstances of your case.
Economic Damages
Economic damages represent the measurable, actual monetary losses incurred by the negligence of another party. These typically include:
- Fraudulent charges and unauthorized withdrawals
- Denied loans or housing
- Legal fees incurred when filing lawsuits
- Out-of-pocket expenses related to identity recovery
- Costs to restore credit and correct information on reports
Non-Economic Damages
Non-economic damages, on the other hand, are awarded to compensate victims for the emotional and subjective damages they have suffered, such as:
- Anxiety and stress
- Insomnia
- Depression
- Stress-related medical conditions
Punitive Damages
In rare instances, the California court may award punitive damages. These are not intended to compensate the victim, but rather punish and deter the negligent party. Punitive damages may be awarded if:
- A company knowingly ignored security risks
- Reckless or willful misconduct is present
- The conduct showed a conscious disregard for the security of consumer information
How Are Damages Calculated for Identity Theft Victims?
California courts will determine the compensation for damages based on the extent of the financial impact, documented emotional harm, and how long the identity theft occurred.
If you are a victim of identity theft, understanding how your compensation may be calculated in California is critical. In general, the damages will depend on the unique circumstances of your case, including:
- The scope and severity of the theft
- If a data breach occurred
- The documented financial and emotional harm
- The degree of negligence exhibited by negligent or liable entities
It’s also necessary to understand that these cases are determined on an individual basis. As such, there is no fixed dollar amount you can anticipate if you are seeking compensation for damages.
What To Do if You Are a Victim of Identity Theft in California
If you have reason to believe you are the victim of identity theft or your information was involved in a data breach, taking prompt action can help reduce the risk of long-term impacts.
Immediate Steps to Take
- Place a fraud alert or credit freeze on your accounts with each of the reporting agencies
- File an identity theft report with the Federal Trade Commission
- Report instances of fraud to financial institutions and creditors
- Closely monitor credit reports and financial accounts
When to Contact an Attorney
- If a data breach caused the identity theft
- If financial institutions refuse to remedy errors
- If you are sued or denied credit or loans as a result
- If you have ongoing emotional and financial damages
It’s important to understand that, in California, you typically have three years to file a civil claim for identity theft damages against the liable party. The time limit will begin when you discover or should have discovered the theft.
Contact a California Identity Theft Victim Attorney Today
If you’ve been the victim of identity theft and have suffered any damage as a result, it’s imperative to contact an attorney as soon as possible. At LA Legal Solutions, our dedicated team is devoted to helping you navigate this unfortunate and stressful situation. Contact us today to learn how we can help you receive the compensation and justice you deserve.
