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OC allowed ID theft to take place. What are my damages lawsuit wise?


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Mor than one credit card company allowed accounts to be opened in my name by ID thief despite fraud alerts with specific comments on ALL of my credit reports.

How/why they allowed this is insanity but more importantly what are my damages?

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An absolute butt load if you can prove they acted intentionally, with malice, in complete disregard of your rights/comfort/safety, and basically were a partner to the ID theft.

If you can prove gross negligence, you could probably get actual damages (good luck proving those for any real amount).

What is likely to happen is they will show they acted within the acceptable threshold of "care" and they can't help it if there are criminals out there. In other words the same argument Wal-Mart would use if your car gets broken into in their parking lot.

Keep in mind you don't have to sell me on how bad they screwed up. You would just probably be surprised what is not considered to rise to the level to collect on a lawsuit for this type of stuff.

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