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Can you sue IRS for the recent hack?

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hijisk

Junior Member
What is the name of your state (only U.S. law)? California

So I used turbotax on January 29,2015 and still have never received my refund an on top of the the IRS got hacked and 100,000 people got their identities stolen. I'm a bit worried that I may be one of the 100,000 due to the lack of response I am getting from the IRS. Would there be a way to take any legal action against them if I were to have my identity stolen? Cause thats my social security, my name, birth date, birth place. Not cool, someone can really mess up my life here! This is the IRS we have no choice but to trust them and this happens?!?! I am new to this forum so I would love to get great advice on what I should do. Thank you.
 


davew128

Senior Member
The IRS wasn't hacked nor did they give up your personal information, or rather nothing the thieves didn't already have. Know what you're talking about before posting your ignorance for the world to see.
 

Zigner

Senior Member, Non-Attorney
The IRS wasn't hacked nor did they give up your personal information, or rather nothing the thieves didn't already have. Know what you're talking about before posting your ignorance for the world to see.
http://www.usatoday.com/story/tech/2015/05/26/irs-breach-100000-accounts-get-transcript/27980049/
 

davew128

Senior Member
http://www.usatoday.com/story/tech/2015/05/26/irs-breach-100000-accounts-get-transcript/27980049/
"The information the hackers used to get in was probably previously stolen by other hackers who then sold it on the open market, said Rob Roy, chief technology officer of HP Enterprise Security Products."

Having used the system for myself out of curiosity, it required constructive knowledge of my credit report to access it. Like I said, whoever was doing this already had all the information they needed.
 

Zigner

Senior Member, Non-Attorney
"The information the hackers used to get in was probably previously stolen by other hackers who then sold it on the open market, said Rob Roy, chief technology officer of HP Enterprise Security Products."
The hackers were able to gain additional information beyond what they already had.
 

davew128

Senior Member
The hackers were able to gain additional information beyond what they already had.
No kidding Sherlock. Yes, they got tax return transcripts. None of which I would consider terribly important to an identity thief since they already had access to the credit report and everything necessary to GET that credit report.
 

Zigner

Senior Member, Non-Attorney
The IRS wasn't hacked nor did they give up your personal information, or rather nothing the thieves didn't already have. Know what you're talking about before posting your ignorance for the world to see.
No kidding Sherlock. Yes, they got tax return transcripts. None of which I would consider terribly important to an identity thief since they already had access to the credit report and everything necessary to GET that credit report.
My dear Holmes - I was merely pointing out that your earlier statement was incorrect. The IRS WAS hacked.
 

davew128

Senior Member
My dear Holmes - I was merely pointing out that your earlier statement was incorrect. The IRS WAS hacked.
Except that it WASN'T hacked. There was no data breach. This is no different than if someone handed out personal usernames and passwords for existing accounts. That's not a hack.
 

Zigner

Senior Member, Non-Attorney
Except that it WASN'T hacked. There was no data breach. This is no different than if someone handed out personal usernames and passwords for existing accounts. That's not a hack.
It WAS hacked. But I guess we're talking semantics, aren't we?
 

LdiJ

Senior Member
It WAS hacked. But I guess we're talking semantics, aren't we?
Not really.

New this year was the ability for taxpayer's to obtain transcripts online. One of the safeguards for that system was an extensive Q an A process before those transcripts could be obtained. The Q and A process could not be accessed unless the person already had extensive info on the person...ie, name, address, social, date of birth etc. What the hackers did was disable the Q and A process.

Just to give you an idea of the Q and A process one had to be able to answer all kinds of questions about ones financial life going back years. Who one might have had a credit card with 10 years ago, who one might have paid rent to 5 years ago, who might one have had a mortgage with multiple years ago, etc...

I actually attempted to get a transcript of my own to test the system and failed.

The hackers did not hack the IRS main systems, they only disabled the Q and A process to get transcripts...and they already had to have extensive information on the person to benefit from disabling the Q an A process.

In any case, it has nothing to do with the OP's situation. The OP never receiving their refund had nothing to do with the online transcript hack.
 

michael fishel

Junior Member
I've just received my IRS letter of my compromised information

I am one of the over 100,000 people that just received my IRS letter stating that my personal tax information was viewed and stolen along with my bank account and social security number. To call this not a hack is ludicrous. The IRS regardless of someone obtaining questions elsewhere about your personal life failed miserably in it's security precautions for their Get Transcripts application. This has placed a heavy unwanted burden on me and will now cause me much time and trouble all due to their negligence. I would think that a lawsuit over this is inevitable. I would welcome any legal advice on this matter.
 

davew128

Senior Member
I am one of the over 100,000 people that just received my IRS letter stating that my personal tax information was viewed and stolen along with my bank account and social security number. To call this not a hack is ludicrous. The IRS regardless of someone obtaining questions elsewhere about your personal life failed miserably in it's security precautions for their Get Transcripts application. This has placed a heavy unwanted burden on me and will now cause me much time and trouble all due to their negligence. I would think that a lawsuit over this is inevitable. I would welcome any legal advice on this matter.
My legal advice would be to get over it. The criminal didn't obtain your bank information and social security number FROM the IRS, they already had them and used them ON the IRS. My years of experience dealing with IT security would tell you its also not a hack. Somehow I suspect both concepts go over your head.
 

Zigner

Senior Member, Non-Attorney
It WAS a hack.



From http://www.merriam-webster.com/dictionary/hack: 4 a : to write computer programs for enjoyment b : to gain access to a computer illegally

From http://dictionary.reference.com/browse/hack?s=t: 7. Computers.
a. to modify (a computer program or electronic device) or write (a program) in a skillful or clever way: ...
b. to circumvent security and break into (a network, computer, file, etc.), usually with malicious intent:...


From http://dictionary.cambridge.org/us/dictionary/american-english/hack: hack verb (COMPUTING)

to access someone else’s computer system without permission in order to obtain or change information:
 

michael fishel

Junior Member
My legal advice would be to get over it. The criminal didn't obtain your bank information and social security number FROM the IRS, they already had them and used them ON the IRS. My years of experience dealing with IT security would tell you its also not a hack. Somehow I suspect both concepts go over your head.
I am 65 years old and a Vietnam War veteran and believe me I know a thing or two about our Government, the Veterans Administration and on and on. Ok, for your benefit lets not use the word hack...Let's call it an invasion of privacy, or how about a unauthorized viewing of personal information, or an unlawful entry, let me see does a security lapse sound right? How about a breech of trust? You can tell me all day long what it isn't. I know first hand now what it is and I choose the word Bull****. The IRS is mandated by Congress to collect financial information for each and every wage earning individual in the United States. It is also sworn to keep such information personal, secure and private. The IRS failed me in this through no fault of my own. A lawsuit against them is futile I'm certain but, how about all the time I have to spend attempting to re-secure all of my financial records because of their screw-up? I guess that's just a pat on the back and a sorry bout that huh? Next time a person buys a skeleton key from someone else and uses it to come into your locked home and rummages through all of your personal papers please don't complain or file a report...it's only something they already had to gain access. But alas, I seem to hear a faint swooshing sound over someones pointy precipice.
 
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