Identity Theft: A Profound Violation

Discovering that your identity has been used to open loans, incur debts, or commit illegal activities is a traumatic experience. Beyond the initial shock, the consequences can be devastating: economic damage, compromised credit reputation, and a profound sense of vulnerability. In these situations, you are not alone. The law offers concrete tools to defend yourself, disown fraudulent obligations, and obtain fair compensation for the damages suffered. In this process, the intervention of an expert lawyer for damages compensation in Milan is crucial to navigate the complexity of procedures and assert your rights.

The Regulatory Framework: How the Law Protects You

Digital identity theft is classified, from a criminal perspective, as the crime of impersonation (art. 494 Italian Penal Code). However, the most important protection for the victim is achieved on a civil level, through the action for damages compensation. Liability does not fall solely on the perpetrator of the fraud, who is often difficult to identify, but can also extend to banks, financial companies, or other intermediaries who have granted credit without adopting the necessary verification measures. Established case law holds that these entities have an obligation of professional diligence, which requires accurate checks on the applicant's identity. Their negligence opens the door to a claim for compensation.

Compensable damages are divided into two main categories. Pecuniary damage includes direct economic losses and expenses incurred to defend oneself (costs for expert reports, legal fees). Non-pecuniary damage, on the other hand, includes damage to reputation, damage to image, and psychophysical stress (moral and existential damage) resulting from the incident. To maximize the chances of success, it is crucial to meticulously document every aspect: from the report to the authorities, to all communications with credit institutions, up to proof of the distress suffered.

The Approach of Studio Legale Bianucci in Milan

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in damages compensation in Milan, is structured in strategic and personalized phases, aimed at offering complete and effective protection. The strategy is not limited to seeking compensation but aims to fully restore the client's economic and reputational position. Each case is handled with in-depth analysis to identify responsibilities and define the most effective path, both out of court and, if necessary, in court.

The assistance process is developed through clear and defined steps. It begins with the formal disavowal of any debt incurred in your name, informing credit institutions of your non-involvement in the transaction and warning them against any recovery action. In parallel, the necessary actions are taken to obtain the removal of illegitimate reports from credit databases (such as CRIF, Experian), an essential step to regain full financial capacity. Finally, the precise quantification of all damages suffered is carried out, and legal action is initiated to obtain fair compensation from the parties deemed responsible.

Frequently Asked Questions

What should I do immediately after discovering identity theft?

The first action to take is to immediately file a complaint with law enforcement (Postal Police, Carabinieri, or State Police), describing the facts with the utmost precision. Subsequently, it is essential to block any involved cards or accounts and gather all relevant documentation (account statements, dunning letters, contracts). Finally, it is advisable to contact a lawyer to plan the next steps.

Who pays the damages in case of identity theft for a loan?

Although the primary responsible party is the perpetrator of the fraud, the bank or financial institution that granted the credit may be held liable for damages if it did not act with the necessary professional diligence in verifying the applicant's identity. The law and case law place a rigorous verification burden on them, and their failure can form the basis of a claim for compensation in your favor.

How long does it take to get compensation for identity theft?

The timelines can vary considerably depending on the complexity of the case and the willingness of the parties to reach an agreement. An out-of-court settlement can be relatively quick, while a court case takes longer. An experienced lawyer will be able to advise you on the most appropriate strategy to balance time and results, seeking an effective and timely resolution where possible.

Is it possible to remove a negative report from CRIF for a debt that is not mine?

Absolutely yes. Once the fraudulent nature of the debt is proven through disavowal and reporting, you have the full right to request and obtain the removal of the negative report from credit databases. This is a crucial step to restore your financial reliability, and legal assistance ensures that the procedure is handled correctly and without delay.

Request a Case Evaluation in Milan

If you are a victim of digital or financial identity theft and wish to understand how to protect your rights and obtain fair compensation, it is essential to act promptly and competently. Avv. Marco Bianucci offers his expertise to analyze your specific situation and define the most effective legal strategy. Contact Studio Legale Bianucci, located at Via Alberto da Giussano 26 in Milan, for a preliminary evaluation of your case and to regain control of your identity and your peace of mind.