Can you sue a bank if they are responsible for Identity theft? Capital One is the bank in question...?

Question

My mother received a letter from Capital One Bank about 2 weeks saying that her information had been compromised to a third party & they may have the intent to fraudulently misuse

her credit & identity. When she told me it came out when we had a fight & she was crying, I was so hurt because I've never heard her cry like that before. We're in pain because we keep questioning Why us? Why anybody for that matter?

We called 311, we know so far that she has to file a police report, put fraud alerts on her credit reports, & close her account. Apparently it happened when it had made the cross over from it's former name of North Fork to Capital One.

If there's any other things we're suppose to do please let me know. The Question that is bugging me the most is "Can we sue?" & what are my chances of coming face to face with the malicious person who did this to her? I want him imprisoned.

P.S. - I recommend that anyone who is thinking about or has an account close it. Branch - W. 231st, Bx,NY

Answer 1

If she has not lost any money, I don't believe you can sue but you can check with a lawyer. She should also check with Social Security to make sure there has been no recent activety. They have a fraud dept. Their toll free # 1-800-269-0271. Their main toll free # 1800-772-1213. She should also request her free credit reports through Trans Union. Either go to annualcreditreport.com or call them toll free #

at 1-877-322-8228 for all 3 free reports. If there's something she's not aware of on the report, dispute it immediately. Better to be safe than sorry later.