Identity theft is on the rise in the United States. Becoming a victim of identity theft is an increasing possibility that could leave you destitute and psychologically distraught. Equipping yourself with the right knowledge can be all the difference when navigating a scenario like identity theft.
Understanding what you need to do in the event you become a victim of identity theft, and what precautions can be used to reduce this from happening, has never been more important than it is right now.
Can Verizon Be Sued For Identity Theft?
In the event the perpetrator of identity theft is unable to compensate the victim in civil court, the victim may also seek to hold 3 party entities liable for the losses incurred by the victim. The victim may rely on both federal and state laws to support their claim.
Verizon is an internet provider that ensures their best interests are considered when entering into an agreement with a consumer. The language used in the Verizon subscriber agreement restricts the forms of legal action a consumer may take against Verizon. This is most commonly achieved using a consumer arbitration clause.
In the strictest sense, this means you cannot sue them in most types of legal courts. You do however still have options to take legal action against Verizon, albeit in an alternative setting.
What Are My Options For A Lawsuit Against Verizon?
There are two main options you can pursue when suing Verizon. The first is to sue Verizon in small claims court, or second, to file a consumer arbitration claim against them. The consumer arbitration may not be an official court, it is however, an officially designated, independent dispute process to be used against Verizon.
Despite the potential limitations Verizon may impose through their user agreements. If any party’s negligence contributed to your losses, you may be able to recover financial compensation.
In so far as liability can be proved as required by federal and state laws, in addition to the type and amount of personal information exposed. Initiating a lawsuit against Verizon will be possible. No company is above the law.
Consulting a knowledgeable identity theft attorney would help you explore strategies for winning financial compensation.
What Could I Recover From Verizon?
If you successfully sue Verizon for being complicit in causing the identity theft. Your potential compensation would be calculated based on the following damages:
- Compensatory damages,
- Punitive damages, and
- Emotional damages.
The type of data breach and the damages it caused will remain the primary factors when calculating potential compensation. There is no set limit to the compensation that can be claimed, and it is determined on a case-by-case basis.
Unless you use the small claims court, then your claim is limited to no more than $10,000.
Federal and state laws provide for legal action to be taken against party entities that can be shown to have negligently contributed to the breach of a consumer's personal information, leading to identity theft occurring.
The potential compensation remains variable that can only be determined by assessing the relevant facts and damages relating to the case.
Consulting an identity theft attorney will allow you to explore your user agreement limitations, potential financial compensation options, and determine the best approach to attaining legal recourse.