Identity Theft & Data Protection

Safeguarding your identity and personal data — breach response, credit report disputes, litigation, and regulatory compliance.

Practice
05 / 13
Sections
01
Read
1 min

Protecting Your Identity and Data in a Digital World

In today’s digital age, where personal information is readily available online, protecting your identity and data is more crucial than ever. At Madgett Law, we understand the anxieties and risks associated with identity theft and data breaches. Our team of experienced attorneys, specializing in identity theft and data protection, is dedicated to helping clients safeguard their personal information and navigate complex legal issues.

Our Identity Theft and Data Protection Services

  • Identity Theft Prevention: We advise clients on how to protect their personal information from theft, including password management, fraud alerts, and credit monitoring.
  • Data Breach Response: We guide clients through the process of responding to a data breach, including notifying affected individuals, complying with regulatory requirements, and mitigating the risks of further harm.
  • Credit Report Dispute Resolution: We assist clients in disputing inaccurate or fraudulent information on their credit reports, helping them improve their credit scores and protect their financial standing.
  • Litigation: We represent clients in legal actions against parties responsible for identity theft or data breaches, seeking compensation for damages and injunctive relief.
  • Regulatory Compliance: We advise businesses on how to comply with data privacy and security laws, ensuring they protect the personal information of their customers and employees.

Common questions

What should I do first if someone opened an account in my name?

Report it to the police, place a fraud alert or freeze with the credit bureaus, and get copies of your credit reports so you can see the full scope of what was opened. Write down dates and keep every letter and email. The police report is not a formality — it is the document that unlocks several of your rights against the bureaus and the companies that opened the accounts.

The police told me they will not take an identity theft report. Do I have any recourse in Minnesota?

Minnesota law addresses this directly. Under the state identity theft statute, when a victim makes a complaint, the agency must prepare a police report of the matter and provide the complainant with a copy of it. If you were turned away, say that you are asking the agency to prepare a report under the Minnesota identity theft statute, and ask for the copy the statute says you get.

Can I get money back from the person who stole my identity?

Sometimes. Minnesota law requires a court sentencing someone convicted under the state identity theft statute to order restitution of at least $1,000 to each direct victim of the offense. That depends on there being a conviction, which is outside your control. Recovery against the businesses and credit bureaus that mishandled the aftermath is a separate path and often the more realistic one.

My information was exposed in a company's data breach. Do I have a case?

It depends heavily on what was exposed, what the company did or failed to do, and what has actually happened to you since. Exposure alone is often not enough; concrete misuse — fraudulent accounts, drained funds, tax fraud — changes the analysis. Preserve the breach notice you received and document any fraud that follows, because that record is what a claim is built on.

How long do I have to bring an identity theft or credit reporting claim?

Deadlines here are short and vary by the type of claim. Federal Fair Credit Reporting Act claims generally must be brought within two years of discovering the violation and no more than five years after it occurred. Other theories carry their own clocks, so the safe approach is to have the deadlines analyzed early rather than after the disputes have run their course.