6 replies to this topic

[leanna_4862]

We purchased identity theft protection in 2007, and the company failed to carry out their advertised promises. Following a data breach, we filed fraud reports with all 3 credit reporting agencies, and purchased identity theft protection in CT in 2007. It was discovered the the stolen data was used by someone unknown and unauthorized shortly thereafter. The company was notified in writing of the criminal activities, however, did nothing to investigate. The company had over 100 complaints filed against them for not following through with what they were paid to do. However; the company changed their name to a different one, and we are unsure of how to proceed. We have documentation to show that the company was notified in writing by certified mail.

[adjusterjack]

How you proceed depends on the terms and conditions of your contract, what happened, when it happened, what was breached and what your damages are.

The statute of limitations for a breach of a written contract is 6 years in CT and you've already used up 5 years if the breach occurred in 2007.

Not sure what you can do at this point especially if the original company no longer exists.

Consult an attorney and review your options.

[FindLaw_AHK]

This issue is difficult to determine without having read the details of your contract with company. You may wish to consult with a local Consumer Protection Lawyer to advise you of your option on how to address this matter.

[leanna_4862]

According to the contract, the company is legally responsible to protect the personal data of those affected by the data breach. The company was made aware of the misuse of the data (the past 2 years) within the time stated in the contract.

[rdrake]

Not an expert, but isn't someone held accountable or attached to a company as the primary liability?
I'd say something to the effect of contacting the Department of Consumer Affairs or the Attorney General for your state. Go to their website where you can possibly file a complaint. They should get back to you quickly letting you know which agency to contact. Then you possibly have to find out who filed for the business license for that company and file a lawsuit against that person, and hold them liable. If 100's of people were victimized by these invidividuals you can apply for a class action lawsuit. I think you can initiate a lawsuit even if you are unable to locate them, and judging by how many people end up with judgements against them who claim they were never served, or never found out about it etc, I assume if your case is valid that you can end up winning a judgment against them without them ever showing up in court. Once you have a judgement you can then go after their assets if they have anything.

[kkerr75]

Not an expert, but isn't someone held accountable or attached to a company as the primary liability?
I'd say something to the effect of contacting the Department of Consumer Affairs or the Attorney General for your state. Go to their website where you can possibly file a complaint. They should get back to you quickly letting you know which agency to contact. Then you possibly have to find out who filed for the business license for that company and file a lawsuit against that person, and hold them liable. If 100's of people were victimized by these invidividuals you can apply for a class action lawsuit. I think you can initiate a lawsuit even if you are unable to locate them, and judging by how many people end up with judgements against them who claim they were never served, or never found out about it etc, I assume if your case is valid that you can end up winning a judgment against them without them ever showing up in court. Once you have a judgement you can then go after their assets if they have anything.

i did research on this company and we are not the first to have this problem

[rdrake]

Maybe you can find out who applied for the business license for that company when they were under that name and go after that person.