Q: I was a victim of identity theft. bank where card was opened is refusing to send me documents I am legally entitled
Is there any legal recourse? The bank has been dishonest multiple times, I have by mail requested the application which they approved in my name (spelled incorrectly and wrong mothers maiden name etc) and they are refusing to send me the application. According to government websites they cannot refuse to send me these things so I can protect my identity. I sent the last request for this certified and was very clear what documents I was requesting. They have returned a letter not including said documents. They will not do anything over the phone.
Do I have any legal recourse?
A: The bank is right. If the card was canceled you have no damages. If you made a police report, then the police investigate the account, not you. The bank records are not yours, by your own allegation. You can sue and do a subpoena, but I am not sure what the suit would be claiming.
Bruce Alexander Minnick and Charles Oliver Wolff agree with this answer
A:
Please try to realize that you are only one of many millions of Americans whose identity has been "stolen" or otherwise compromised and used fraudulently. The banks involved will pay the most attention to their customers who have lost real money or have suffered real damages--as opposed to customers who are only worried about losing money.
FYI: There are many lawyers very experienced in banking law posting answers on this free legal information forum who are available and may agree to help you protect yourself from "identity theft" going forward; and the good news is that they do not have to be practicing law in New York, or residing in your area of New York.
Try looking for an experienced banking lawyer by using the "Find a Lawyer" tab at the top of every page here on Justia.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
