Legal Question in Civil Litigation in Nevada

My mother and I were just informed that the Student Loan Center that my student loan payments were made to had a theft, which involved all of our personal information. According to them, this theft involved approximately 3.3 million individuals. They did provide a 12-month membership to a credit monitoring center, which at this point is very little consolation.

I just spent the last couple of years cleaning up my credit and now my information, as well as my mother's has been compromised.

Do we have any course of action that we can take?


Asked on 4/22/10, 8:25 pm

1 Answer from Attorneys
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Accept and be grateful for the "very little consolation" they are offering. That is about as big a concession as you will receive from any financial institution that gets victimized in such a way. As for any sort of litigation against the Student Loan Center, you would have to suffer and prove damages to have any case, at all. You would have to demonstrate, by a clear and convincing evidentiary standard, that: 1. your personal information has been exploited and abused by someone; 2. they obtained your information in the theft from the Center; 3. the Center could have and should have prevented such a tragedy; and 4. you have suffered some monetary damages as a direct result of the negligence of the Center. That is a pretty tough case to put on, and the chances of success are not great.

Let us hope your information does not get used by the criminal(s) and that you escape without any damages. Take all practical steps to monitor and prevent such abuse, though, by - at the very least - signing up for the offered monitoring service.

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Answered on 5/03/10, 12:30 pm


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