Consumer Protection Law

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I was turned over to collections on a fraud account. do I…

Customer Question
I was turned over...

I was turned over to collections on a fraud account. do I have any recourse?

Lawyer's Assistant: Because consumer protection law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: What steps have you taken so far?

I notified the collection agency, Trans Union, and Kredit karma

Submitted: 1 month ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
3/20/2018
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10,322
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Consumer Protection Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation; however, you may have some relief if you understand your rights.

It seems like there is a cause of action that you may have against this debt collection company if the balance was fraudulently created in contravention to your wishes. Under the Fair Debt Collection Practices Act at section 1692e, it is unlawful for a debt collector to say that you owe a balance when you do not actually owe that debt. Fraud is a reason that you would not owe that date.

The best thing to do is to not only contact your state attorney general about this, but also the creditor to have this debt removed from their accounts.

To do this, you may want to consider just writing a cease and desist letter (click here) for all collection attempts under the FDCPA. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If they continue, then you should file a complaint with the FTC regarding their action.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Do I have any recourse when turned over to collections on a fraud account?
Consumer Protection Lawyer: Legal Eagle, Lawyer replied 1 month ago

Yes, your recourse is to have the fraud account collections stopped completely consistent with what I provided above. Under the law, they cannot collect on this.

You should also look to have it removed from your credit report.

ne of the things that many people don’t know is that there is something called the Fair Credit Reporting Act. The FCRA was developed by Congress to require credit reporting agencies to report only accurate information regarding consumers. Because our credit reports help determine whether we can lease an apartment, buy a car, or purchase a home, the FCRA is there to help make sure that we’re judged only on accurate information and not falsities.

The bright side is that there is a remedy for those who have incorrect information on their credit report. You can request with the credit reporting agencies that they investigate the incorrect information and then remove the information if they cannot verify that it is accurate. If the information stays on, then you could potentially sue the credit reporting agencies for damages that result (e.g. higher interest rates, loan denials, etc.) If you click here, you can download a very good template for only $10 that outlines the law regarding the FCRA and the best part is that you only have to download it once and you can make as many copies as you want. Mail those into the credit reporting agencies and they will work on the investigation for you.

How else can I help you today?

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Category: Consumer Protection Law
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