Legal Question in Consumer Law in Georgia
I worked for a company back in 1994, I received a call from a new company that bought them out stating they found my card with all my personal info on it when they were changing out the tile and that they have paid equifax to monitor my credit for a year. Is there grounds to file a suit against the company for not shredding documents
3 Answers from Attorneys
We don't know what a "card" is, what information it has, or whether it is something that should have been shredded. You chose to omit the most important facts. Perhaps more importantly, what damages have you suffered?
Unless you suffered actual damages, what do you plan to sue for? It sounds like the company has been helpful and you have not been actually damaged.
What are your damages? In other words, how have you been harmed? If you are worried about your credit, put a freeze on your credit. You can go to Equifax, Experian and Trans Union for information about credit freezes. The credit freeze should be free since you were the victim of identity theft. If you do not want to freeze your credit, then consider an extended security alert which is in place for 7 years.
Under FACTA, there are sanctions if employers and others with sensitive information do not hve procedures in place to safeguard that information. However, I do not know whether the law applies here or not or what information was on the card. The steps taken by the employer (to provide credit monitoring) seems reasonable. They are not going to do more than that. That is why you need to be proactive.
Litigation is expensive and time consuming. It is cheaper to put on the cerdit freeze and just not have to worry about it.
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