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Home >> Scams/Fraud >> Identity Theft
Victim of Identity Fraud: What recourse do I have?
On January 14 and 15, 2010 I became a victim of identity theft which began with my bank, Wachovia. Someone used either stolen or lost checks from Citizens Bank. They wrote three separate checks payable to me totalling $7,110.00. Someone used a fake Pennsylvania drivers license, went into two different branches (neither of which I have ever visited) forged my name on the back of checks and cashed all three. Two checks at different times on the 14th and one on the 15th. Tellers claim they checked the signature card, but it was obvious signatures did not match. It is now in Loss Management.
I have made all appropriate steps to protect myself from any further fraud. I have sent notifications to the Social Security Administration, the Pennsylvania Department of Transportation, the Federal Trade Commission, and alerts were put in my credit file. In doing so, it was found that this person tried to apply for credit, but was denied because they could not answer a specific question. I have become a member of LifeLock. Although my money has been credited, I do believe Wachovia was negligent in protecting my accounts. The tellers should never have cashed these checks with just one form of ID. Of course, the checks all came back marked "Account not found", so the $7,110.00 was drawn from my account. This was unacceptable on the part of Wachovia. I believe this was an inside job. What recourse do I have against Wachovia for not protecting my accounts?
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 Were any checks bounced on your Wachovia account because of the charge-back of the fraudulent checks? If so, and if you suffered any losses or other damages resulting from those bounced checks, the bank could possibly have some liability for those damages. A lot will depend on the circumstances, the ID presented by the thief or thieves, etc.
You seem to have covered the bases for preventing further risk to your identity. Keep a careful watch on your credit file with the three major bureaus. For details on any recourse you may have against the bank, contact an attorney who can review all of the factors involved in what happened to you.
Published on BankingQuestions.com 2/18/10
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