Sunnyside, NY asked in Banking, Federal Crimes and Identity Theft for New York

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?

2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • Business Law Lawyer
  • New York, NY
  • Licensed in New York

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.

Charles Oliver Wolff and Bruce Alexander Minnick agree with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Business Law Lawyer
  • Tallahassee, FL

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.

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