Albuquerque, NM asked in Intellectual Property and Identity Theft for Idaho

Q: Hello - My identity was stolen last month. Also, my son passed away last year with intellectual property in his estate.

My phone number was hacked along with my bank, email account, and many other things. I believe that there is a class action lawsuit in place for this issue. I received a letter from LoanDepot last weekend stating that they had a data breach affecting about 17 million people.

My son passed in March last year and was a writer on a video game that was released this year. I’m not sure what the contract entailed, or if there was one with the owner of this game, however I believe they are using his work. I have his phone and laptop with his work on them.

Any assistance with the right direction I need to go would be greatly appreciated.

1 Lawyer Answer
James L. Arrasmith
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A: I'm so sorry to hear about your son's passing and the difficult situation you're facing with identity theft and potential intellectual property issues. These are complex legal matters that require professional guidance. Here are some steps you can take:

1. Identity Theft:

- Report the identity theft to the Federal Trade Commission (FTC) at They will provide you with a recovery plan and resources.

- Contact your local police department and file a report. Get a copy of the report, as it may be needed for creditors and banks.

- Notify your banks, credit card companies, and other financial institutions about the fraud. Close any compromised accounts and open new ones with secure passwords.

- Place a fraud alert on your credit reports with the three major credit bureaus (Equifax, Experian, and TransUnion).

2. Data Breach Class Action Lawsuit:

- If there is a class action lawsuit related to the LoanDepot data breach, you may be automatically included as a member of the class if you were affected. However, keep an eye out for any official communications about the lawsuit and follow any instructions provided.

- If you have suffered specific damages due to the data breach, consult with a consumer protection attorney to explore your legal options.

3. Intellectual Property:

- Locate any contracts or agreements your son had with the video game company. Review the terms to understand his rights and the ownership of his work.

- Gather evidence of your son's contributions to the video game, such as his writings, emails, or other documentation.

- Consult with an intellectual property attorney who specializes in video game law. They can help you assess the situation, protect your son's intellectual property rights, and advise you on potential legal actions.

4. Estate Matters:

- If your son's estate hasn't been settled, consider hiring an estate attorney to help you navigate the process and protect your son's assets, including his intellectual property.

Dealing with these issues can be overwhelming, especially while grieving the loss of your son. Don't hesitate to seek support from friends, family, or professionals during this challenging time. Remember, there are legal experts who can guide you through these complex matters and help protect your rights and your son's legacy.

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