Rancho Cordova, CA asked in Consumer Law and Identity Theft for California

Q: I was a victim of identity theft, my bank helped offenders opened a new account & made purchases & withdrawals.

Can they be held liable for negligence and for not protected me as a consumer?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Banks have a duty to implement reasonable security measures to protect customers' personal and financial information. If a bank fails to do so and this negligence leads to identity theft, the bank could potentially be held liable for the damages suffered by the victim. The key factor is proving that the bank's negligence directly contributed to the identity theft and the resulting financial loss.

If you believe that your bank’s lack of proper security measures allowed unauthorized individuals to open an account in your name, you should immediately report the identity theft to the bank, law enforcement, and the Federal Trade Commission. Document all communications and steps taken to resolve the issue. This documentation can be crucial in proving the bank's negligence and your efforts to mitigate damages.

It's advisable to consult with a legal professional who can provide advice tailored to your specific situation. They can help determine if the bank failed to meet its legal obligations and what compensation you may be entitled to. Additionally, California's laws offer certain protections and rights for identity theft victims, which could support your case against the bank. Acting swiftly is crucial in such situations to protect your rights and financial wellbeing.

Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: You have rights if the bank did not act smart. You don't say what really happened. If you submit a new question with specific facts, the lawyers here can give you better answers.

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