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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33555
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have a fraudulent contract that shows up on my Experian Business

Customer Question

I have a fraudulent contract that shows up on my Experian Business report from AT&T
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Zoey, JD replied 2 years ago.
Hello, My name is ***** ***** I will be assisting you. Are you saying that someone else must have opened an account in your name with AT&T and that you didn't authorize this? Do you know who has done that? What is the question you want to ask about this situation?
Customer: replied 2 years ago.
Yes that is correct. A fraudulent contract in the amount of $2,377,500 that shows up on my Experian Business Credit. They contacted me two years ago with an attorney and I provided the attorney all the information that they requested and they stopped collection efforts because they knew it was fraud. An investigator for the SEC contacted me as well because a 3rd party company was in a fraudulent investigation for defrauding AT&T for millions of dollars. Two individuals with this 3rd party company Continuity X (which I have absolutely no knowledge, have had no communication, no business in any way with) were indicted and charged with fraud. You can google Continuity X and see the indictments. AT&T however still shows this on my company's (Greenwave Concepts LLC) Experian Business Credit Report which is causing me serious issues as I apply for business credit. I would like to sue or whatever I need to do as this is causing me real financial harm because of AT&T not removing this with the different credit reporting bureaus.
Customer: replied 2 years ago.
Added files related to this issue below
Customer: replied 2 years ago.
I contacted ***** *****house again last month and they are apparently now part of the firm MoyeWhite and I spoke to a Kathleen Oriley at Moye White and sent her all the correspondence but there has been nothing done by anyone to remove this from my credit reports. I also filed a business dispute directly with Experian and they came back and said it is a valid account with AT&T so now I am not sure what options I have to get this removed and resolved permanently.
Expert:  Zoey, JD replied 2 years ago.
Thank you for the detailed response. I am going to opt out of this and open it up to other experts. I am a criminal attorney, and now that I have the details, this is too far outside of my ballpark. Once it's been reopened to all other experts, someone with a more appropriate background for this question will respond.
Expert:  Dwayne B. replied 2 years ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.Unfortunately, at this point if the credit reporting agencies are refusing to remove the information and AT & T is refusing to correct it then the only remedy you have that will work is to sue. You can file a complaint with the Federal Trade Commission at ftc.gov but I have never seen them actually resolve anything like this although they will write some letters.What you will be suing for is a combination of causes of action. I understand from what you have posted that this is a business, as opposed to a consumer, issue and so you can't effectively sue under the Fair Credit Reporting Act alone because that really only deals with consumer issues but your attorney will likely want to add that as one of the causes of action in case the bad credit somehow were to bleed over onto your personal history.Instead you will sue for negligence, breach of contract, breach of warranty, and a variation on slander/libel. In addition, the lawyer will likely include fraud and conspiracy theories in there as well.The reason you use multiple theories of law is that some allow you to recover additional damages and others allow you to do additional discovery. The lawyer may even amend the petition later in the case to include other theories.
Expert:  Dwayne B. replied 2 years ago.
The lawyer may also discuss filing for an injunction to force the agencies to remove the derogatory information pending the resolution of the case.As to parties it is likely that all of the credit reporting agencies will be included as well as AT & T, Continuity X, and the other individuals involved with them.
Expert:  Dwayne B. replied 2 years ago.
Typically you will sue everyone and then as the facts develop other parties may be added and as parties settle, they are dropped.
Expert:  Dwayne B. replied 2 years ago.
You can sue for damages as well as your attorney's fees. Unfortunately, a lawsuit is almost certainly the only way to resolve the issue at this point but the attorney, whoever you choose, is going to want to send a demand letter first asking that the information be removed. This is so that a claim for attorney's fees can be made later as well as to make it clear you were trying to be reasonable in resolving the case.
Expert:  Dwayne B. replied 2 years ago.
If your question has been answered completely then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread.