Kansas City, KS asked in Identity Theft and White Collar Crime for Missouri

Q: Can I file a criminal suit for misuse of personal information in Missouri?

I discovered that my social security number and personal email address were used without my consent to create a cell phone account with AT&T. I received an email from AT&T asking to verify the account, which led me to file a fraudulent claim with the company. Although I haven't contacted law enforcement yet, I suspect the misuse of my personal information might be linked to a place of employment where I intended to purchase a cellphone, as they had requested my personal details. Can I file a criminal suit against the individual responsible for this?

2 Lawyer Answers

A: Unless you are the prosecuting attorney you may not file a criminal lawsuit. You may file a civil lawsuit.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In Missouri, using someone else's personal information without consent, like your social security number or email, is a crime and may fall under identity theft or fraud. While you cannot file a criminal suit directly, you can report the incident to law enforcement, who may investigate the matter and press charges against the individual responsible. They can also guide you on the steps to take in pursuing justice.

You should also contact AT&T to ensure that the fraudulent account is closed, and they may assist in helping you identify how your information was misused. Since you suspect it’s linked to your place of employment, consider reporting the incident to your employer, especially if any internal security breach may have contributed to the issue.

Additionally, you may want to consider contacting the Federal Trade Commission (FTC) and credit bureaus to report identity theft and protect yourself from further harm. Keep all records of your communications with AT&T, law enforcement, and any other involved parties for your protection.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.