Identity theft attorney

Banking identity theft occurs when banking information is fraudulently used to access a person's accounts, conduct transactions, or open new accounts in their name.

This type occurs when an individual fraudulently uses a company's name or information to conduct illegal activities, including opening business accounts or entering contracts.

Identity document theft concerns the fraudulent use or falsification of identity documents such as ID cards, passports, or driver's licenses.

This involves the fraudulent use of these elements to avoid fines or commit traffic offenses.

Use strong passwords and two-factor authentication, avoid sharing sensitive information online, store critical information securely, and regularly monitor your bank statements and credit reports.

Use unique passwords for each account, avoid public Wi-Fi for sensitive transactions, and verify website authenticity before entering personal information.

Use tools such as credit monitoring services, for the legal aspects of associated cyberbullying, see our dedicated page and identity theft protection software.

Identification goes through an anonymity-lifting procedure based on Article 6, V, A of the LCEN (referring to Article L. 34-1 of the CPCE) or Article 145 of the Code of Civil Procedure.

The judge orders platforms (social networks, hosts, ISPs) to disclose the connection data allowing identification of the author (IP address, email, number). Connection data are retained only for one year (decree of 20 October 2021 post-French Data Network ruling): swift action is essential.

Three routes are possible: simple complaint to the public prosecutor (often dismissed), complaint with civil-party application before the dean of investigating judges (deposit required), direct summons before the criminal court when evidence is already established. For banking identity theft, the PERCEVAL platform (national police) allows a swift online report, complementary to the complaint.

In addition to criminal sanctions (1 year and €15,000 under Art. 226-4-1 CP, aggravated penalties when combined with fraud or defamation), the victim may obtain before the civil or criminal court full reparation of the damage: damages for invasion of privacy, image, reputation, moral prejudice, economic prejudice (loss of clientele, lost earnings). Restoration measures (publication of the judgment, content removal) are systematically requested.

Beyond the criminal route, victims may seek civil compensation under Article 9 of the French Civil Code (right to private life) and Article 1240 (general tort liability). Emergency procedures (référé) before the Paris Judicial Court allow rapid takedown of impersonating accounts. INFLUXIO routinely combines both tracks to maximise reparation and deter repetition.

When the perpetrator is anonymous or located abroad, the Digital Services Act (Regulation 2022/2065) imposes accelerated cooperation duties on very large online platforms. We obtain identification data via judicial requests (Article 145 CPC), engage Pharos for criminal referrals and coordinate with foreign counsel for transnational enforcement.

We use bailiffs (commissaires de justice) to capture irrefutable digital evidence via SCAM minutes (constat sur internet), since standard screenshots are insufficient before French courts. Our forensic partners reconstruct metadata, IP traceability and platform-side conservation requests under Article L. 34-1 of the French Postal and Electronic Communications Code.

Beyond removal, we obtain moral and economic damages, including loss of business opportunity, brand dilution and emotional distress. Recent decisions (Paris Judicial Court, 2023-2024) have awarded €5,000 to €50,000 depending on the audience and persistence of the impersonation.