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Zemel Law

Identity theft lawyers in New York City

Suspecting somebody is impersonating you and making you feel helpless about the situation? Then, calm down, and contact Zemel Law, with the expertise in consumer protection, we stand beside you in this legal battle.

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    Your Legal Defenders In Identity Theft in New York City

    We live in times where personal information is more vulnerable to compromise than ever. In 2022, the Federal Trade Commission (FTC) reported - that nearly 22% of Americans fell prey to this fastest-growing crime of identity theft. Our specialized identity theft attorneys in NYC at Zemel Law offer comprehensive legal support.

    We guide you with a personalized approach to assess the situation and implement recovery strategies in complex legal frameworks like the New York Penal Law and the Fair Credit Reporting Act. If you've fallen victim to identity theft, our team can remove false information, restore credit scores, and prevent future incidents. Your protection is our priority.

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

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    Signs Indicating Your Identity Has Been Compromised

    Unfamiliar SMS Verification Codes

    Receiving unexpected SMS verification codes is a strongly indicated case of security breach. It signals that identity thieves are trying to enter your accounts. To counter this, consider advanced authentication methods such as biometrics and end-to-end encryption to enhance account security.

    Denied Loan Applications with Unexplained Credit Score Changes

    You urgently wanted the loan, and your application was rejected based on the reduced credit score. This shows that you cannot pay the previous payments, for which you are never responsible, as you have not taken the loan or kept the installments due for so long. Showing the possible interference of Identity theft that can have severe implications on your financial well-being. Checking credit reports, actively engaging with credit monitoring services for ongoing surveillance and prompt alerts to respond swiftly to potential threats.

    Increased Volume of Spam Emails and Robocalls

    Receiving frequent telemarketers and robocalls labeled as “spam calls,” can become a severe headache for you in the long run. This is an indication that you are susceptible to phishing and social engineering attacks. Employ spam filters and call-blocking apps, educate yourself on common phishing tactics, and exercise caution when sharing personal information. Report suspicious emails or calls to your email service provider and the Federal Trade Commission (FTC).

    Receiving Unknown Credit Card Statements

    If you go through unauthorized transactions, it is possible that your financial details are jeopardized and the identity thieves are draining your account. It requires immediate collaboration with your financial institution. File disputes promptly, monitor credit reports, and consider contacting an identity theft attorney in New York to safeguard your interest.

    Legal Aspects Covered Under Identity Theft Clauses in New York City

    The Fair Credit Reporting Act – FCRA

    The Fair Credit Reporting Act (FCRA) safeguards identity theft victims and holds businesses responsible. You can request free reports from companies regarding unauthorized activities, such as credit applications if you're a victim. These records, obtainable within 30 days after a written request, are accessible to victims or authorized law enforcement. Section 609(e) of the FCRA, enforced by the Federal Trade Commission, ensures swift access to vital records, making the FCRA an effective protection tool.

    The Identity Theft and Assumption Deterrence Act (ITADA)

    This legislation criminalizes the unauthorized use of another person's personal information, such as their social security number or driver's license. Penalties, including fines and imprisonment, are established for these violations. The law mandates the Federal Trade Commission to establish a service aiding identity theft victims by offering information and directing complaints to appropriate channels for assistance.

    The New York Penal Law, Article 190

    • Identity Theft in the Third Degree -
    Penal Law Section 190.78 entails knowingly assuming another's identity with intent to defraud, resulting in financial loss or commission of a class A misdemeanor. Punishable by up to 1 year in jail, probation for 2 or 3 years, with no specific financial harm threshold.

    • Identity Theft in the Second Degree (Penal Law Section 190.79) -
    It involves knowingly assuming another's identity with intent to defraud, obtaining goods or services valued over $500, using credit over $500, or causing financial loss exceeding $500. For a class E felony, penalties range from 1 1/3 to 4 years in prison, 3 to 5 years probation, or a conditional discharge.

    • Identity Theft in the First Degree (Penal Law Section 190.80) -
    It entails purposefully taking another person's identity with the goal of deception, resulting in obtaining goods or services valued over $2,000, using credit over $2,000, or causing financial loss exceeding $2,000. For a class D felony, penalties range from 1 to 7 years in prison, 3 to 5 years probation, or a conditional discharge.

    How Our Specialized Identity Theft Lawyers Can Help You in New York City

    Legal Assessment

    At Zemel Law, our identity theft attorneys in New York start with a thorough consultation to gather details about the incidents, including occurrences, timelines, and perpetrator information. Once the case particulars are clear, we conduct a comprehensive legal assessment, examining relevant federal and state laws to determine the most suitable course of action.

    Recovery Strategy

    Upon reviewing the identity theft situation, our legal team develops a targeted recovery plan for the victim. Our attorneys engage with credit bureaus and relevant authorities to accurately report the incident. Guiding the victim through the process of implementing fraud warnings on credit reports, we take crucial steps to prevent further illicit activities.

    Credit Report Restoration

    Benefit from the expertise of our identity theft lawyer in New York as they guide you through cleaning up your credit reports in strict compliance with the FCRA Act. We adeptly challenge fraudulent entries and negotiate with creditors to safeguard you from unauthorized transactions. This comprehensive procedure is designed to rectify a victim’s credit history post-contamination due to identity theft. Also, we can help you find legal ways to get your money back if you’ve been wronged.

    Personalized approach

    Through various communication channels, our identity theft lawyer in NYC engages in a collaborative process, including in-person meetings, phone calls, emails, and secure online messaging, to comprehend the intricacies of the issue. Plus, we employ legal strategies such as thorough legal research to gain a profound understanding of the specific laws and regulations pertaining to identity theft in the relevant jurisdiction, ensuring an optimal and efficient solution.

    Legal Representation

    In situations where identity theft gives rise to legal consequences, such as false accusations or criminal activities committed by the thief, our New York-based identity theft attorneys serve as your legal advocates. Committed to the defense of our clients, our attorneys are dedicated to safeguarding their rights.

    Common Methods Used by Identity Thieves in New York City

    Through unlogged-out devices

    Leaving devices unlocked risks personal info exposure. Anyone with access can risk your data in public areas, offices, or homes. Unattended devices may grant unauthorized entry to emails and social media. Once in, intruders can reset passwords and control your digital identity. Sensitive data, like photos and login details, becomes vulnerable if devices are unsecured.

    Dark web

    The dark web operates on encrypted networks and is intentionally concealed from regular search engines. Special tools like Tor (The Onion Router) are needed to access it. It is notorious for illegal activities, serving as a marketplace for stolen data. Identity thieves exploit the dark web by selling sensitive information, such as Social Security numbers, credit card details, and login credentials. This underground marketplace facilitates illicit transactions and significantly threatens individuals’ privacy and security.

    Unsecure browsing

    Browsing on unsecured websites, especially public Wi-Fi, exposes your data to hackers. Without encryption, attackers can intercept your communication in a “man-in-the-middle” attack, accessing sensitive information like usernames and passwords. Use secure connections (HTTPS) and avoid untrusted networks to safeguard against such threats.

    Malware activity

    Malware, like keyloggers and Trojans, steals personal data from your device. Keyloggers record keystrokes, capturing usernames and passwords. Trojan horses disguised as legitimate software compromising your device. Spyware covertly monitors and collects information. These threats can lead to identity theft. To stay safe, use robust antivirus tools and be cautious online.

    Credit card skimming

    Skimming is when identity thieves use hidden devices on card terminals, petrol pumps, or ATMs to steal your credit card’s magnetic stripe data during purchases. These devices are hard to spot. Once stolen, your card can be cloned, leading to unauthorized transactions and financial losses. Stay vigilant, regularly check your card statements, and use secure chip-enabled cards to minimize this risk.

    Data breaches

    Identity thieves gain unauthorized access to databases and reveal sensitive user information, such as passwords and usernames, in a data breach. Companies storing your information are targeted, risking identity theft and fraud. To protect yourself, use strong passwords, enable two-factor authentication, and monitor accounts for suspicious activity.

    Legal Services We Provide to Our Client in New York City

    If you receive a fraud alert from your bank, mail service, or credit bureau, there's no need to panic. Zemel Law's identity theft lawyers in NYC offer a complimentary consultation and a no-pressure initial meeting to assist clients in combating various forms of identity theft. If you suspect unauthorized exploitation of your identity, don't hesitate to reach out.

    Our highly experienced team of Identity Theft Lawyers serves clients in New Jersey, California, Los Angeles, New York, Washington County, and other significant areas across the United States. Our knowledgeable specialists are ready to discuss your situation. Feel free to contact us at 862-271-2664 or submit your inquiries through our client portal.

    FAQs

    Depending upon the crime the identity thieves have committed, you can file both criminal and civil charges against them. And this is what an identity theft attorney in New York can do for you:

    • They assist in gathering evidence to support your case, such as financial records, credit reports, and other relevant documentation.
    • By representing you in negotiations with the perpetrator, their legal representation, or insurance companies, as well as in legal proceedings if necessary.
    • An attorney can prepare and file legal documents, including complaints, motions, and other relevant paperwork required for criminal and civil proceedings.
    Yes, the New York Penal Law, article 190, is there to help you. Since the law is divided among degrees, it is up to the ID attorney to find which degree applies in your case.
    Yes, they help remove the false information by providing proof of your innocence to the designated authorities.
    • Filing a report is crucial for documenting theft, aiding recovery efforts, and supporting insurance claims.
    • Initiate a complaint on IdentityTheft.gov to assist law enforcement and receive a personalized recovery plan.
    • Reach out to the three major credit bureaus (Equifax, Experian, TransUnion) to place a fraud alert, increasing security against unauthorized account openings.
    • Promptly contact our team; our skilled attorneys will liaise with authorities to mitigate damage and resolve the issue swiftly.
    • Ensure strong and unique online passwords for each account; consider additional security measures like phone verification codes.
    • Exercise caution when sharing personal information online, especially in response to unfamiliar emails or on unfamiliar websites.
    • Prior to discarding papers containing personal information, use a shredder to prevent unauthorized access through trash retrieval.
    • Regularly monitor your bank and credit accounts; report any unusual activity promptly to your attorney.

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