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Zemel Law

Your Legal Defenders In Identity Theft in New Jersey

When identity theft prevails, trust Zemel Law to stand by your side. We are safeguarding your personal information with unwavering commitment, and our identity theft attorneys in NJ act as the frontline protectors to prevail justice.

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    With a deep understanding of identity theft laws, Zemel Law excels in effectively defending consumer rights by closely working in compliance with NJDCA, FTC, and other enforcement bodies in New Jersey. We have a successful track record in addressing identity issues like false documentation, criminal implications, fraudulent transactions, and more.

    As per the Federal Trade Commission, over 5.2 million Americans fell victim to identity theft and fraud in 2022 alone. It has severe repercussions leading to charges like conspiracy, theft by deception, forgery, and more. The legal penalties are severe, too, including incarceration, restitution, and probation, reflecting the significant impact on victims.

    So, if you are facing allegations of fraudulently obtaining a driver’s license, or engaging in any form of misrepresentation, let us help you. Zemel Law has the expertise and genuine qualifications to assist you and save you from the harassment and charges that come with identity theft.

    Take action against the companies that may be violating your rights.

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    Signs Indicating Your Identity Has Been Compromised

    Your stolen identity and data can be exploited for unauthorized account access, credit card openings, or medical services, often remaining undetected for an extended period. Although financial institutions typically alert individuals to identity fraud, certain warning signs can hint at potential theft of your personal information for fraudulent activities: -

    Unfamiliar Financial Transactions

    Monitor your bank and credit card statements regularly. Unrecognized or unauthorized transactions, even small ones, could be an early indication of identity theft.

    Strange Or Unauthorized Credit Card Inquiries or Changes

    An unfamiliar inquiry, in several instances, could signal that criminals have sought credit using your personal details. If a loan or new credit card is approved based on your established credit history, there's a risk that the perpetrators might engage in purchases or borrowed funds.

    Deceptive Debt Collection Signs

    Receiving letters from solicitors, bailiffs, or debt collectors for debts that aren't yours or court summons is another sign of someone accumulating debts in your name.

    Unauthorized Deliveries

    If items like laptops, phones, or TVs arrive at your address without your prior payment, it could suggest that someone is exploiting your information to make illegitimate purchases. The delivery of goods without payment might be an oversight by the identity thief who failed to intercept the items before they reached your location.

    Unfamiliar Devices or Locations

    Many online services now send notifications when your account is accessed from a new device or location. If you receive such alerts for activities you haven't initiated, it's a red flag again. Also, suddenly receiving requests for two-factor authentication on your accounts when you didn't initiate them is also a warning that someone else is attempting to log in.

    Legal Aspects Covered Under Identity Theft Clauses in New Jersey

    The Fair Credit Reporting Act (FCRA)

    FCRA provides crucial rights for identity theft victims and imposes responsibilities on involved businesses. In case of identity theft, victims can request transaction records related to the incident from businesses. These records, including credit applications, must be provided free of charge within 30 days of a written request, either directly to the victim or authorized law enforcement. Section 609(e) of the FCRA mandates this, and the Federal Trade Commission enforces compliance. This provision facilitates adequate identity theft protection by ensuring victims and law enforcement can access pertinent records for investigation and resolution.

    The Identity Theft and Assumption Deterrence Act of 1998

    The Identity Theft and Assumption Deterrence Act of 1998, an amendment to the Federal criminal code, criminalizes the knowing transfer or use of another person's means of identification with the intent to commit unlawful activities. It defines "means of identification" broadly, including any name or number identifying an individual. The Act imposes criminal penalties for identity fraud, including those associated with other specified crimes.

    The New Jersey Identity Theft Protection Act

    This act, enacted in 2005 and expanded in 2019, surpasses federal regulations to safeguard residents from identity theft. It provides free credit monitoring, restoration services, and potential reimbursement for certain losses incurred due to identity theft. NJITPA imposes stringent data security measures on businesses, requiring them to implement comprehensive security programs and notify residents in the event of a data breach. The Act empowers individuals with control over their personal data, including the right to remove information for minors, the ability to place security freezes on credit reports, and the right to know and delete personal information held by businesses.

    The Gramm-Leach-Bliley Act

    The GLBA of 1999 mandates financial institutions to disclose their information-sharing practices and safeguard sensitive data. Under the Privacy of Consumer Financial Information Rule, financial companies must transparently communicate the types of information collected and potential recipients, also allowing customers the right to opt out of data sharing. This empowers individuals to control the dissemination of their personal information, acting as a protective measure against identity theft.

    How Our Specialized Identity Theft Lawyers Can Help You in New Jersey

    Initial Consultation and Assessment:

    Our identity theft attorneys in NJ at Zemel Law will begin the process by conducting a thorough initial consultation with the victim. During this process, they gather details about the nature and extent of the identity theft, including the specific instances, timelines, and any known details about the perpetrator. After understanding the particulars of the case, our attorney will assess the legal aspects. They examine relevant laws and regulations at the federal and state levels to determine the appropriate course of action.

    Recovery Plan:

    After a complete assessment of the identity theft situation, our attorney will prepare a personalized recovery plan for the victim. The attorneys will communicate with credit bureaus or other relevant authorities, ensuring the accurate reporting of the incident. They guide the victim through the process of placing fraud alerts on credit reports, an essential measure to prevent further unauthorized activities.

    Debt Dispute and Collection Defense:

    If the identity theft has led to unauthorized debts, Zemel Law will also provide assistance in disputing these debts. Our attorneys will act as an intermediary between the victim and creditors, shielding the victim from direct contact and negotiating on their behalf. In some cases, we might defend you against aggressive debt collection actions.

    Removing False Information on Credit Reports:

    Our Identity theft lawyers in New Jersey also work to remove or rectify inaccurate reporting of accounts on credit reports that may be caused by the thief’s actions, preventing potential damage to credit scores.

    Legal Representation:

    If the identity theft leads to legal actions, such as being wrongfully accused of a crime committed by the thief, our identity theft lawyer in NJ can also provide legal representation. We will defend you in court and ensure your rights are protected.

    Common Methods Used by Identity Thieves in New Jersey

    Phishing

    Cybercriminals send deceptive emails, appearing legitimate, encouraging recipients to address a falsified issue urgently. The email often contains a link redirecting victims to a fraudulent website that mimics the genuine one. Once there, individuals may unknowingly provide personal details, such as account numbers and passwords. This stolen information is then exploited for identity theft, allowing criminals to open accounts and obtain credit cards in the victim’s name.

    Smishing and Vishing

    Similar to Phishing, identity thieves also inculcate other methods, including smishing and vishing. In smishing, scammers exploit mobile communication by sending urgent texts, while vishing involves manipulating individuals through voice calls, both aiming to extract sensitive information or prompt actions that compromise personal data.

    Skimming

    Skimming, a prevalent method of identity theft, occurs when fraudsters illicitly capture electronic payment card information at physical locations. These criminals employ sophisticated technology, including small skimming devices, to swipe and extract data from the card’s magnetic strip.

    Juice Jacking

    Cybercriminals can exploit charging stations in public places like airports or hotels by loading malware onto the public USB ports, compromising your device’s data during charging. Malicious software can either lock your device or clandestinely extract personal data and passwords, enabling criminals to access online accounts or sell pilfered information. This insidious tactic is called Juice Jacking and poses a direct threat to your digital security.

    Man-in-the-Middle (MITM) attack

    In a Man-in-the-Middle (MITM) attack, Cybercriminals also exploit public Wi-Fi vulnerabilities, intercepting communication between users and servers. Unencrypted data on public networks allows these attackers to present fake websites, potentially accessing personal information like usernames and passwords. A compromised router becomes a conduit for stealing sensitive data, granting access to emails, and enabling identity theft. Victims may find themselves locked out of accounts as hackers exploit password reset options.

    Get Legal Identity Theft prevention Assistance in New Jersey

    If you are doubtful about anything involving your personal information and identity, act with confidence and let Zemel Law guide you. We have skilled and highly experienced identity theft attorneys in New Jersey, California, Los Angeles, New York, Washington County, and all other major regions of the United States. Our commitment is to assist clients in taking quick and informed steps.

    We initiate our relationship by offering no-obligation initial consultation. If you have concerns about unauthorized use of your identity, don't hesitate to act now. Our dedicated attorneys are ready to receive your call at 862-271-2664. You can also reach out to us at Zemellawllc.com. Get in touch now, and let us help you address and lessen potential identity theft issues.

    FAQs

    If you discover identity theft in New Jersey, take these immediate steps: 

    • File a police report with your local law enforcement. 
    • Contact the Federal Trade Commission (FTC) at identitytheft.gov or 1-877-438-4338. 
    • Notify the three major credit bureaus (Equifax, Experian, TransUnion) to place a fraud alert on your credit reports. 
    • You can also get in touch with us for a free consultation! Our legal team specializes in assisting identity theft victims, guiding them through the recovery process, and mitigating the damage. We communicate with relevant authorities to facilitate the reversal of the harm caused by identity theft, ensuring a thorough and effective resolution. 
    The time to resolve an identity theft case in New Jersey can vary widely depending on the case’s complexity, the extent of the fraud, and the cooperation of involved parties. In general, resolution may take several weeks to months. Immediate steps like filing a police report, placing fraud alerts, and notifying relevant institutions can be swift, but the full resolution involving investigation, dispute resolution, and credit report corrections may take more time.
    Yes, as a victim of identity theft in New Jersey, you have the right to sue the person who stole your identity for damages and hold the companies accountable if they did not fix the error in a timely manner. The Identity Theft Prevention Act in New Jersey allows victims to pursue civil remedies against identity thieves. Damages may include financial losses, legal fees, and other related costs.

    Crucial evidence in proving identity theft in a New Jersey court includes:

    • Fraudulent Transactions: Document unauthorized transactions with dates and details.
    • Communication Records: Preserve any correspondence related to identity theft.
    • Credit Reports: Show discrepancies and unauthorized accounts.
    • Identity Theft Report: File a police report and obtain an Identity Theft Report from the Federal Trade Commission.
    • Witness Statements: If applicable, gather statements from individuals with knowledge of the theft.

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