Actual Identity Theft Victim Cases.

A gentleman in San Diego, California (we'll call him John Jones), encountered an identity thief who opened a PayPal account under John's name and filtered $7,600 from John's Bank of America account into the forged PayPal account. The incident occurred during July and August of 2002 but because John had been travelling he did not notice the money was actually missing until January of 2003. He contacted his bank and was informed that because he had failed to notify the bank within 60 days of the occurrence there was nothing they could do for him.

By that time all of the money, with the exception of $2,100 still remaining in the PayPal account had been spent. PayPal returned the remaining sum to John but he was still out $5,000. John sued both PayPal and Bank of America in small claims court, pleading that PayPal should have notified him immediately upon discovering the fraud. Bank of America counter argued that it is the customer's responsibility to regularly check bank statements and ensure their accuracy.

In the end John walked away with a settlement from each of the firms, however was still out approximately $500 as a result. His yearlong battle to turn things right was extensive, time consuming and frustrating.


An elderly woman in Seattle, Washington (we'll call her Jane Doe), was the victim of a telemarketing scam in December of last year. Jane provided her checking account information to the caller and later found that her account had been cleaned of $800, leaving her overdrawn by $300.

When her December Social Security check was deposited the Bank of America withdrew $300 of it to cover the overdraft. Jane was left with barely enough money for food and rent and was forced to "skip" Christmas that year. By February the Bank of America had returned some of the money to her and was continuing to work with her to repair the situation.


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