Why We Don’t Chase the Identity Thief — and What We Do Instead
- Wells Law - Chicago
- 3 days ago
- 3 min read
When people discover they’re victims of identity theft, one of the first questions they ask is: “Can’t we go after the thief?”
It’s a fair question. Unfortunately, in most cases, pursuing the thief directly isn’t the best path to restoring your financial standing— it is often impractical, and even impossible. Instead, we seek recourse by enforcing your rights under federal consumer-protection laws like the Fair Credit Reporting Act (FCRA) and, in some cases, the Fair Debt Collection Practices Act (FDCPA).
Why We Don’t Sue the Identity Thief
They’re Hard to Find
Even when you think you know who stole your identity, proving it in court is extremely difficult. Thieves often use fake addresses, phone numbers, or online accounts to conceal their identities. Identity thieves are also commonly situated overseas.
They Have No Money
Identity thieves rarely have the assets or insurance coverage needed to pay back the damage they’ve caused. Even if you win a judgment, you may never collect a dime.
The Problem In the System
The big issue we focus on is how credit reporting agencies, banks, and collectors handle the fraudulent information. Identity theft is a prevalent issue. So when they refuse to fix errors, continue to report false accounts, or try to collect debts you don’t owe, that’s where the real legal leverage comes in.
How the FCRA Protects You
The FCRA requires credit reporting agencies (like Experian, Equifax, and TransUnion) and creditors to investigate disputes and remove fraudulent information. If they fail, you can sue them for damages, attorney’s fees, and—sometimes—punitive damages.
This means you don’t have to chase a thief with no money. Instead, you can hold powerful companies accountable when they fail to correct the record, which can put roadblock in your access to credit, insurance, a bank account, and even a place to live.
How the FDCPA Can Help
If debt collectors try to collect on accounts opened by an identity thief, the FDCPA may also apply. This law prohibits collection harassment, misrepresentation, and attempts to collect debts not owed.
When collectors cross the line, we can take action against them too.
What You Can Do Right Now
You can, and should, take steps to advise the appropriate authorities about the identity theft, including who they are if you have suspicions. Here are important steps you should take, which can also assist if you opt to pursue a lawsuit under the FCRA or FDCPA:
File a Police Report – Having an official record can help when disputing fraudulent accounts.
Complete the FTC Identity Theft Affidavit – This is a critical step we recommend for all victims. It provides proof of the theft and triggers stronger protections under the FCRA.
Keep Copies of Everything – Police reports, dispute letters, affidavits, and creditor responses should all be saved. We also suggest you keep a timeline of all events.
Monitor Your Credit Reports Closely – Even if nothing looks wrong today, identity theft can resurface months—or even years—later.
Watch for Collection Notices – If you receive calls or letters for accounts you don’t recognize, it’s often the first warning sign of lingering identity theft issues.
The Bottom Line
Identity theft can wreak havoc on the lives of its victims, and it’s natural to want the thief punished. But civil lawsuits against thieves often go nowhere. By focusing on the FCRA and FDCPA, we target the companies with the resources—and legal obligations—to fix your credit, stop the harassment, and compensate you for the harm.
If you’ve been a victim of identity theft and creditors or credit bureaus aren’t fixing the problem, contact us for a Free Case Review. We’ll help you take the fight where it matters.
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