02/2012 I pulled my yearly credit reports. On the equifax one I found an open collection with ATT that I believed was an error. I filed a dispute, Equifax investigated and agreed that the debt was not mine. They then removed the item from my credit report and (i assume) notified ATT and/or any other company involved. About 5 months later, ATT SOLD the debt, with my SSN still attached, to a collection agency. The debt should have had all my information removed from it (since it was not mine to begin with). Not only did ATT fail to comply with the dispute results, but they sold it to another party which is now, 1 year later, reporting a collection on my credit report.
I have a new Dispute submitted & contacted att (whom agreed the mistake was theirs)
Is there any legal action I can take?
Debt Collection Attorney
If you have been contacted by the debt collector, then you could dispute it and request verification. You may want to consult with a consumer attorney as to whether there is any legal action you could take. Technically, you could file a declaratory judgment against the new creditor that you dont own the debt.
The answer given is for informational purposes only and does not constitute legal advice. Dwight Bowen is a bankruptcy and consumer attorney and may be contacted at (404) 880-3310.
Credit Repair Attorney
You potentially have violations of both the Fair Credit Reporting Act (FCRA) and the Fair Debt Collection Practices Act (FDCPA). If the collector is attempting to collect an amount that is inaccurate, that violates the FDCPA. Placing an inaccurate item on your credit report violates both of the above.
You should seek a local attorney that handles these issues. Most FDCPA/FCRA attorneys will not charge you, as these statutes allow for your attorney to be paid by the Defendant, if you prevail.
The short answer is seeking to collect on this debt that was never your violates the fair credit reporting act and the fair debt collection act.
It sounds like this was a case of identity theft..... I would suggest you folow the FTC's advice on this kind of thing.
I am admitted to practice in Connecticut and limit my responses to CT law.