Can I Sue a Scammer? When a Lawyer Actually Helps After a Scam

Yes, you can sue a scammer, but for most scams run by someone you cannot identify, a lawyer adds little. The FTC puts the problem plainly: "Scammers ask you to pay in ways that make it hard to track them down." A lawsuit needs a defendant you can name, and even a court judgment does not collect itself. What usually moves money is speed: the payment company's fraud department, a dispute filed on time, and fast reports to the FTC and FBI. None of those requires a lawyer.

A lawyer can genuinely matter in a narrower set of cases: a bank, card issuer or payment app that did not follow federal error-resolution rules, fraud by a broker or brokerage firm, a person or business you can actually find, a caregiver or fiduciary who took an older adult's money, and immigration "help" that turned out to be fraud. One more thing to know up front: the FTC says that anyone who contacts you and asks for an upfront fee to get your money back is a scammer, and the FBI has warned about fake law firms doing exactly that.

Information last verified on October 2, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This guide covers US federal law: the Electronic Fund Transfer Act, the Truth in Lending Act, the Telemarketing Sales Rule, the federal restitution and crime victims' rights statutes, Justice Department victim programs, and FINRA arbitration. State law governs fraud lawsuits, small claims, consumer protection acts and most filing deadlines; Illinois, California, Washington and Massachusetts appear only as examples, and your state's rules may differ. Suing someone outside the United States is not covered.

Do I need a lawyer after being scammed? A quick guide

Most people do not. Start with the free steps in our guide on how to get money back after a scam, then decide whether your situation is one of the few where counsel adds something.

Why a lawyer rarely helps against an unknown scammer

The honest problem is not your legal rights; it is finding and collecting from the person who took your money. The FTC's guidance for scam victims says: "Scammers ask you to pay in ways that make it hard to track them down. If you paid a scammer, your money might be gone already. But it's always worth asking the company you used to send the money if there's a way to get it back."

Winning in court and getting paid are two different things. California's official court self-help guide tells people who win in small claims: "If the other side won't pay you, the court won't collect it for you." It adds: "Collecting money can take a lot of time and money and you may not even collect any of it." That guide is written for ordinary small claims cases against someone you can find. A scammer who used a fake name and moved the money out of reach is a harder case, and this guide does not cover suing outside the United States.

Government agencies will not act as your lawyer either. The SEC, for example, says that "the SEC cannot act as an investor's attorney or personal representative."

So for most victims, the order of operations is:

1. Call the payment company's fraud line and dispute the payment. The rules differ by payment method; see how to get money back after a scam and, for Zelle, Venmo and Cash App, our payment app scam guide.
2. Report it, to the FTC at ReportFraud.ftc.gov and, for internet-enabled scams, the FBI at ic3.gov. Our guide on where to report a scam matches each scam to the right agency. The FTC's Spanish reporting site is ReporteFraude.ftc.gov.
3. Keep every record: dates, amounts, transaction numbers, and every letter or message from the bank or app.
4. Then ask whether a lawyer adds anything, using the situations below.

Can I sue my bank, card issuer or payment app?

Yes, if the company failed to follow federal law. This is the situation where a lawyer is most likely to add value, because the federal statutes let a court award a reasonable attorney's fee to a consumer who wins.

It is a claim about the company's own failure, not a general right to be repaid for any scam. Under Regulation E, an "unauthorized electronic fund transfer" is one "initiated by a person other than the consumer without actual authority to initiate the transfer and from which the consumer receives no benefit" (12 C.F.R. § 1005.2(m)). When a scammer got into your account, the bank's error-resolution duties apply. That can include a scammer who tricked you into handing over your card or PIN: the CFPB's official interpretation says an unauthorized transfer "includes a transfer initiated by a person who obtained the access device from the consumer through fraud or robbery" (Supplement I to 12 C.F.R. part 1005, comment 2(m)-3). When you sent the money yourself because you were tricked, that payment generally falls outside the definition as written, and banks and apps often treat it as authorized. Our guide to what to do when your bank refuses a scam refund walks through that line and the dispute steps.

What the Electronic Fund Transfer Act lets you recover

The EFTA makes "any person who fails to comply with any provision of this subchapter with respect to any consumer, except for an error resolved in accordance with section 1693f of this title," liable for the sum of three things (15 U.S.C. § 1693m(a)):

• "any actual damage sustained by such consumer as a result of such failure;"
• "in the case of an individual action, an amount not less than $100 nor greater than $1,000;" and
• "in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court."

The statute also has defenses. A company is not liable if it shows the violation "was not intentional and resulted from a bona fide error" despite procedures reasonably adapted to avoid it, and it has "no liability" if, before you sue, it notifies you of the failure, complies, makes an appropriate adjustment to your account and pays actual damages (15 U.S.C. § 1693m(c), (e)). The bona fide error defense is narrower in one setting: when a bank fails to make or stop a transfer as instructed, a bona fide error still leaves it liable for actual damages proved (15 U.S.C. § 1693h(c)).

The deadline is short. A suit "may be brought in any United States district court, or in any other court of competent jurisdiction, within one year from the date of the occurrence of the violation" (15 U.S.C. § 1693m(g)). That clock runs from the company's violation, which the statute does not tie to the date of the scam. If you think a bank mishandled your claim, do not wait to find out how a court would count it.

When damages can be tripled

The EFTA has a treble-damages rule aimed at banks that mishandle an error claim. Under 15 U.S.C. § 1693f(e), if in an action under section 1693m the court finds that:

"(1) the financial institution did not provisionally recredit a consumer's account within the ten-day period specified in subsection (c), and the financial institution (A) did not make a good faith investigation of the alleged error, or (B) did not have a reasonable basis for believing that the consumer's account was not in error; or (2) the financial institution knowingly and willfully concluded that the consumer's account was not in error when such conclusion could not reasonably have been drawn from the evidence available to the financial institution at the time of its investigation, then the consumer shall be entitled to treble damages determined under section 1693m(a)(1) of this title."

This rule turns on how the bank handled an "error," and the statute's list of errors begins with "an unauthorized electronic fund transfer" and "an incorrect electronic fund transfer from or to the consumer's account" (15 U.S.C. § 1693f(f)(1)-(2)). Whether a payment you were tricked into sending can be an error claim depends on the facts, which is exactly the kind of question a consumer lawyer can assess.

Credit cards: the Truth in Lending Act

For credit cards, the Truth in Lending Act (which includes the Fair Credit Billing Act's billing-error rules) makes "any creditor who fails to comply with any requirement imposed under this part" liable for "any actual damage sustained by such person as a result of the failure," plus statutory damages, and "in the case of any successful action to enforce the foregoing liability," the "costs of the action, together with a reasonable attorney's fee as determined by the court" (15 U.S.C. § 1640(a)). The same one-year limit applies: suit is due "within one year from the date of the occurrence of the violation" (15 U.S.C. § 1640(e)).

Read the fee rule carefully

Both statutes award costs and a reasonable attorney's fee only "in the case of any successful action," and the amount is "as determined by the court." Do not assume the bank will pay your lawyer. Ask any lawyer you consult how fees work if the case is lost or settles.

Before suing, use the paper trail the rules give you. If a bank decides no error occurred, its report "shall include a written explanation of the institution's findings and shall note the consumer's right to request the documents that the institution relied on in making its determination. Upon request, the institution shall promptly provide copies of the documents" (12 C.F.R. § 1005.11(d)(1)). That explanation and those documents are what a lawyer will want to see first.

Can I sue the scammer's bank or payment processor?

That depends on state law and the facts, and this guide does not answer it. What the record shows is that regulators do go after companies that process payments for scammers.

The Telemarketing Sales Rule makes it a violation "for a person to provide substantial assistance or support to any seller or telemarketer when that person knows or consciously avoids knowing that the seller or telemarketer is engaged in any act or practice that violates" key parts of the rule (16 C.F.R. § 310.3(b)). In an announcement dated September 4, 2026, the FTC said payment processor Nuvei "will pay $4.85 million to settle the Federal Trade Commission's charges that the firm opened and maintained payment processing accounts for merchants that it knew or should have known were engaged in deception, including tech support scams," with the money to "be used to provide consumer redress." In June 2025 the FTC announced that Paddle "will pay $5 million and be permanently banned from processing payments for tech-support telemarketers."

Those are settlements of government charges. They show that the FTC pursues facilitators; they are not a guide to an individual lawsuit, and they involved tech-support schemes, not Zelle, wires or ordinary bank transfers. Read more in our tech support and fake invoice scams guide.

Investment fraud through a broker: FINRA arbitration

If your loss involved a brokerage firm or one of its brokers, FINRA arbitration may be available. Under FINRA's arbitration code, a customer can require arbitration of a dispute with a FINRA member firm or a person associated with a member, when the dispute arises from that firm's or person's business activities (FINRA Rule 12200). It is not a route against a crypto trading website, a "mentor" on a messaging app, or anyone else who is not a FINRA member firm or associated person.

Timing is limited. FINRA Rule 12206 generally makes a claim ineligible for arbitration once six years have passed since the event that gave rise to it, and the rule does not extend any statute of limitations that runs out sooner.

FINRA suggests that customers consider hiring an attorney for arbitration, and its staff cannot recommend a specific one. For people who cannot afford a lawyer and have smaller claims, FINRA lists law school securities arbitration clinics, each with its own eligibility rules. The SEC similarly says that "a law school arbitration/mediation clinic may be able to help you resolve a securities-related dispute free of charge." FINRA also runs a Securities Helpline for Seniors for older investors with questions about a brokerage account.

Most crypto and "investment platform" scams involve no FINRA member at all. See our guide to crypto and investment scams for what to do in that case.

Suing a person or business you can actually find

When you know who took the money and where they are, a civil case becomes realistic. Fraud lawsuits run under state law, and the rules, dollar limits and deadlines vary by state.

Small claims court

Small claims is designed for people without lawyers. California's official guide, as one example, says: "Small claims court allows you to sue a person, business, or government agency that you think owes you money. Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business)." It also says: "You can't have a lawyer represent you," and puts the filing fee "between $30-$100."

If you win and are not paid, the same guide describes a debtor's exam, "a court date where the other person must show up and answer questions about what they earn and own." It notes that for collection "you may want to hire a lawyer to help you with this." Those figures are California's. Check your own state court's self-help pages for its limits and whether lawyers may appear.

A civil fraud lawsuit

Every state defines fraud in its own way. Illinois's official civil jury instructions, as one example, require the plaintiff to prove that the defendant made "false statement[s] of [a] material fact[s]"; that the defendant knew or believed the statement was false or made it "in reckless disregard of whether (it was) (they were) true or false"; that the defendant made it "with the intent to induce the plaintiff to [act]"; that the plaintiff "reasonably believed the statement[s]" and acted "in justifiable reliance on the truth of the statement[s]"; and that "the plaintiff's damages resulted from his reliance" (Illinois Pattern Jury Instructions, Civil, 800.02A). In that version, the first two elements must be proved "by clear and convincing evidence," a higher bar than in most civil cases; an alternative Illinois instruction, 800.02B, applies that standard to every element.

The deadline to file a fraud suit is set by state law. See our statute of limitations guide and ask a lawyer in your state, because deadlines vary by state and by type of claim.

When the money went to a real person's account

Scam money often passes through an account held by a real person, sometimes a "money mule" recruited to move it. The FBI warns would-be mules that "you may be held personally liable for repaying money lost by victims." Whether you can recover from that person in your state is a question for a lawyer; the mule may also be a victim. Our guide to money mule and fake check scams explains how these schemes work.

State consumer protection laws

Some states let a consumer harmed by an unfair or deceptive business practice recover attorney's fees. Two examples show how much the details differ:

• Washington: "Any person who is injured in his or her business or property by a violation of RCW 19.86.020" may sue "to recover the actual damages sustained by him or her ... together with the costs of the suit, including a reasonable attorney's fee," and the court may increase damages up to three times actual damages, with the increase capped at $25,000 (RCW 19.86.090).
• Massachusetts: "At least thirty days prior to the filing of any such action, a written demand for relief ... shall be mailed or delivered to any prospective respondent," and if the court finds a violation, the petitioner "shall ... be awarded reasonable attorney's fees and costs," except that the court "shall deny recovery of attorney's fees and costs which are incurred after the rejection of a reasonable written offer of settlement made within thirty days" of the demand (M.G.L. c. 93A, § 9(3)-(4)). The demand requirement does not apply if the prospective respondent "does not maintain a place of business or does not keep assets within the commonwealth."

Whether one of these laws reaches a one-off scam by an individual depends on the state's wording (Washington's, for example, speaks of injury to "business or property") and on the facts. The FTC tells people who lose money to recovery scams to report them to their state attorney general; you can find yours in the National Association of Attorneys General directory.

Older adults: when the person who took the money is known

Federal elder justice law defines an "elder" as "an individual age 60 or older," and "exploitation" as "the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, or gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets" (42 U.S.C. § 1397j). That definition applies to federal elder justice programs.

When the person who took the money is a caregiver, a relative or someone holding a power of attorney, the wrongdoer can be identified. That is where a lawyer is far more likely to help than in a stranger scam.

The first call is free. The Justice Department's National Elder Fraud Hotline, 833-FRAUD-11 (833-372-8311), takes reports of fraud against anyone age 60 or older, Monday through Friday, 10:00 a.m. to 6:00 p.m. eastern time, in English, Spanish and other languages. The Justice Department also warns that scammers have claimed "to be from the National Elder Fraud Hotline" while "threatening to file suits against the phone call recipient." See our full guide to elder fraud.

Immigration-related fraud

If someone who offered immigration help took your money, check who is actually allowed to help you. The Justice Department's immigration court agency (EOIR) explains that "Federal regulations at 8 C.F.R. § 1292.1(a)(4) allow non-attorney 'Accredited Representatives' to represent aliens before the Department of Homeland Security (DHS) and the Executive Office for Immigration Review (EOIR)." EOIR publishes a recognition and accreditation roster. For your options after paying a fake immigration helper, see our guide to notario fraud, and for scam calls aimed at Spanish speakers, phone scams targeting Spanish speakers.

If the scammer is prosecuted: free routes that need no lawyer

Reporting matters because criminal cases open routes that cost nothing. All of them depend on prosecutors bringing a case, and none of them requires you to hire anyone.

Restitution

When a federal court sentences "a defendant convicted of an offense described in subsection (c)," which includes "an offense against property under this title ... including any offense committed by fraud or deceit" in which "an identifiable victim or victims has suffered a physical injury or pecuniary loss," the court "shall order ... that the defendant make restitution to the victim of the offense" (18 U.S.C. § 3663A(a)(1), (c)(1)). There are exceptions: the court need not order it where "the number of identifiable victims is so large as to make restitution impracticable," or where complex issues of fact would prolong sentencing too much (18 U.S.C. § 3663A(c)(3)). Restitution needs a conviction, and an order to pay is not the same as payment.

Your rights as a crime victim

The Crime Victims' Rights Act gives a federal crime victim "The right to full and timely restitution as provided in law," "The reasonable right to confer with the attorney for the Government in the case," and "The right to reasonable, accurate, and timely notice of any public court proceeding" (18 U.S.C. § 3771(a)). A "crime victim" is "a person directly and proximately harmed as a result of the commission of a Federal offense or an offense in the District of Columbia" (18 U.S.C. § 3771(e)(2)(A)). The victim, the victim's lawful representative, and the prosecutor may assert these rights (18 U.S.C. § 3771(d)(1)). You may use a lawyer, but you do not have to.

The Justice Department's Victim Notification System

The Justice Department describes its Victim Notification System as a "free, computer-based system" that "provides federal crime victims with information on scheduled court events, as well as the outcome of those court events," and on "the offender's custody status and release." It sends notifications in criminal cases "that have been accepted for prosecution from federal investigative agencies." Access is not open sign-up: "A Victim ID# and PIN# are required to access the VNS Call Center or VNS Internet site." The call center is 1-866-365-4968 (1-866-DOJ-4YOU), and the website is www.notify.usdoj.gov.

Remission and restoration of forfeited money

When the government seizes and forfeits a scammer's assets, the Justice Department can return some of that money to victims. It says: "Since 2000, the victim compensation program has returned more than $13 billion in forfeited assets to victims, through the granting of petitions for remission, or by transferring forfeited funds to courts for payment of restitution through restoration."

The Justice Department's answers to common questions are unusually direct:

• "There is no fee for filing a petition for remission."
• "You do not need an attorney to file a petition; however, you have the right to be represented by an attorney if you choose to hire one."
• "Payment is not required to participate in the remission process. If you are asked to pay a fee, it is fraud."
• "In most cases, the funds available for remission do not fully compensate the victims." If the money is short, "the funds are distributed proportionally."
• "Remission and restitution are not the same," and the Assets Forfeiture Fund "is not a 'general' victim fund that provides support to any victim of crime."

Under the Justice Department's remission rules (28 C.F.R. § 9.8(b), as summarized on its remission page), a petitioner generally must show a pecuniary loss of a specific amount, caused directly by the crime; no knowing involvement in the offense; no other compensation for the loss; and no other recourse reasonably available. Victims "are generally identified by the seizing agency, such as the Federal Bureau of Investigation (FBI)... or notified by the United States Attorneys' Offices." The Justice Department adds that it and "its Remission Administrators will never ask for payment to participate in or receive funds from the remission process." Anyone who asks you for money to "release" forfeited funds is running a scam.

Red flags: fake lawyers and recovery services

People who just lost money are targeted again. The FTC calls refund and recovery scams "scams that target people who have already lost money to a scam," and warns that the scammer "may say they're with a government agency, a consumer advocacy group, a law firm, or some other organization." The upfront money may be called a "retainer fee," "processing fee," "administrative charge," "tax," or "shipment and handling charge."

The FTC's test: "Did someone contact you and ask for an upfront fee? That's a scammer." Whatever the channel (the FTC lists mail, online, telephone, social media and text message), its advice is: "don't pay upfront. It's a scam." It adds that "Government agencies and legitimate organizations will never ask for money to help you get a refund," and that they "will not guarantee that you'll get your money back."

The FBI has issued two alerts about fictitious law firms. Its June 2024 alert says "fraudsters posing as lawyers representing fictitious law firms may contact scam victims and offer their services, claiming to have the authorization to investigate fund recovery cases," and that cryptocurrency scam victims "further exploited by fictitious law firms reported losses totaling over $9.9 million" between February 2023 and February 2024. These fake lawyers may "Request victims pay a portion of initial fees up front with balance due when funds are recovered." The alert also says: "Law enforcement does not charge victims a fee for investigating crimes."

Warning signs from the FBI's August 2025 alert include:

• A claim of official backing. The FBI says: "There are no law firms which are officially authorized partners of US Government agencies."
• "Requesting payment in cryptocurrency or prepaid gift cards."
• "Having knowledge of the exact amounts and dates of previous wire transfers and the third-party company where the victim previously sent scammed funds." The FTC says scammers buy lists of people who have paid scammers, which it says they call a "sucker list."
• "An unwillingness or inability to provide credentials or a license, not appearing on camera, and not conducting video meetings."
• "Impersonation of actual lawyers and/or legitimate law firms and the production of fictitious documents with a legitimate law firm insignia or letterhead." A real firm's name on a letter does not prove the letter came from that firm.
• Being told your money is held at a foreign bank and to register an account there (the FBI says the bank's website "appears legitimate but is a fraudulent platform"), or being placed in a WhatsApp group chat.

The FBI's advice: "Be cautious of law firms contacting you unexpectedly, especially if you have not reported the crime to any law enforcement or civil protection agencies." And: "Request video verification or documentation or a photo of their law license. If this cannot be readily provided, assume they are not legitimate." Report a fake law firm to your local FBI field office and to the IC3 at ic3.gov.

What the federal recovery-fee rule actually says

The Telemarketing Sales Rule makes it an abusive practice for a seller or telemarketer to take money for recovery help before the money comes back, with one exception:

"Requesting or receiving payment of any fee or consideration from a person for goods or services represented to recover or otherwise assist in the return of money or any other item of value paid for by, or promised to, that person in a previous transaction, until seven (7) business days after such money or other item is delivered to that person. This provision shall not apply to goods or services provided to a person by a licensed attorney;" (16 C.F.R. § 310.4(a)(3))

Read both halves together. The first half means a recovery company that pitches you by phone may not charge until seven business days after your money is delivered to you. The second half means a licensed attorney is not bound by that wait, so a real lawyer may ask for a fee or retainer before any money is recovered. Legitimate lawyers do charge upfront; the American Bar Association notes that a flat fee "is usually paid ahead of time."

What the exception does not mean is that anyone calling themselves a lawyer is one. Scammers use the word "lawyer" precisely because it sounds trustworthy, and the FBI says they impersonate real firms. The rule also covers telemarketing, which it defines as a campaign "conducted to induce the purchase of goods or services or a charitable contribution, by use of one or more telephones and which involves more than one interstate telephone call" (16 C.F.R. § 310.2), so it may not reach every pitch made by text or social media. The practical test is not whether someone asks for a fee. It is who contacted whom, whether they promise results, whether they want crypto or gift cards, and whether you can verify their license yourself.

How to find a real lawyer

A simple rule: you find the lawyer; the lawyer does not find you.

• Lawyer referral services. The American Bar Association's FindLegalHelp page points to "Public-service oriented referral services to help you find the right lawyer," as well as "Bar Directories and Lawyer Finders: Other tools offered by bar associations to help you find a qualified lawyer." Start at the ABA's hire a lawyer page.
• Free legal aid. The Legal Services Corporation is "an independent nonprofit established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans," funding "129 independent nonprofit legal aid organizations in every state, the District of Columbia, and U.S. Territories." Its site lets you search for an office near you. Ask whether they handle consumer or scam cases, since priorities and income limits vary.
• Securities disputes. FINRA's list of law school securities arbitration clinics, described above, for people with smaller claims who cannot afford a lawyer.
• Ask what kind of lawyer. For a bank or card dispute, look for a lawyer who handles consumer financial cases; for broker fraud, securities arbitration; for a caregiver taking an older adult's money, elder law.

How lawyers charge

The American Bar Association's general guide to fees explains the main arrangements:

• Hourly: "The most common billing method is to charge a set amount for each hour of time the lawyer works on your case."
• Flat fee: "A flat fee is usually paid ahead of time and does not vary depending on the amount of time or work involved."
• Contingent fee: "A client pays a contingent fee to a lawyer only if the lawyer handles a case successfully." The ABA says the arrangement is used "only in cases where money is being claimed," most often personal injury or workers' compensation cases. The ABA says the percentage is often "one-third to 40 percent" of the recovery.

The ABA also notes that "win or lose, you probably will have to pay court filing fees, the costs related to gathering evidence, and similar charges," and that at the first meeting "the lawyer should estimate how much the total case will cost and inform you of the method he or she will use to charge for the work." The ABA adds that lawyers are ethically obligated to charge only reasonable fees. Whether a lawyer will take a scam-related case on contingency depends on the lawyer and the case; ask.

Bring the paper trail to the first meeting: your dispute letters, the bank's or app's written explanation, account statements, and the dates of every call.

Related guides

• I got scammed: what to do, how to get money back, where to report
• How to get money back after a scam: your rights by payment method
• Bank refused a scam refund: what to do next
• Where to report a scam
• Zelle and payment app scams
• Crypto and investment scams
• Elder fraud
• Money mule and fake check scams
• Notario fraud
• Statute of limitations in the United States

Last updated: October 2, 2026.

Disclaimer: This guide provides general legal information about US federal law, with state laws named only as examples, as verified on October 2, 2026. It is not legal advice and does not predict the outcome of any case. For your specific situation, contact your bank, card issuer or payment company, the agency named above, or a lawyer licensed in your state.

Frequently Asked Questions

Can I sue a scammer?

Yes, under your state's law, if you can identify the scammer and bring them to court. Winning is not the same as collecting: California's court self-help guide warns that if the other side won't pay, the court won't collect it for you.

Do I need a lawyer after being scammed?

Usually not for a loss to a scammer you cannot identify; the payment company's fraud process and fast reports to the FTC and FBI matter more. A lawyer can help when a bank, card issuer or app broke federal error rules, a broker was involved, or you know who took the money.

Can I sue my bank for not refunding a fraudulent transfer?

If the bank failed to comply with the Electronic Fund Transfer Act, it is liable for actual damages, $100 to $1,000 in statutory damages in an individual action, and, in a successful action, costs and a reasonable attorney's fee (15 U.S.C. § 1693m(a)). A bank can avoid liability by proving an unintentional bona fide error (except in certain failed-transfer cases, where it still owes actual damages), or by notifying you, fixing the problem, adjusting your account and paying your actual damages before you sue (15 U.S.C. §§ 1693m(c), (e), 1693h(c)).

How long do I have to sue my bank or credit card company?

Generally one year from the date of the violation under both the Electronic Fund Transfer Act and the Truth in Lending Act (15 U.S.C. §§ 1693m(g), 1640(e)). The clock runs from the company's violation, so get advice early.

A law firm contacted me offering to recover my scam losses. Is it real?

Be very cautious. The FBI warns about fictitious law firms that contact scam victims, says no law firm is an officially authorized partner of US government agencies, and says to assume a firm is not legitimate if it cannot readily show its law license.

Can a lawyer charge me upfront to recover money lost to a scam?

The Telemarketing Sales Rule does not stop a licensed attorney from doing so: it bars recovery fees until seven business days after your money is returned but exempts licensed attorneys (16 C.F.R. § 310.4(a)(3)). That exception does not make an unsolicited caller who claims to be a lawyer legitimate.

Will the court order the scammer to pay me back?

If the scammer is convicted of a federal property offense under Title 18, including fraud, and an identifiable victim suffered a loss, the court generally must order restitution (18 U.S.C. § 3663A), with exceptions such as when victims are too numerous. An order to pay is not the same as payment.

Do I need a lawyer to get money back through Justice Department remission?

No. The Justice Department says there is no fee to file a petition for remission and you do not need an attorney, and that if you are asked to pay a fee, it is fraud.

Where can I find a free or low-cost lawyer after a scam?

The Legal Services Corporation funds 129 legal aid organizations for low-income Americans, the American Bar Association lists public-service lawyer referral services, and FINRA lists law school clinics for smaller securities claims.