Hi, I have been a victim of identity theft and need legal advice. The theft activity all happened around the same time and was carried out at a mall. There were two cell phone carrier accounts opened successfully where devices were sold to the thief at a kiosk location. Followed by multiple inquires ran and denied at other locations with the mall. Those accounts were closed and deemed fraud and removed from my credit report. However I had an active Kay Jewelers account that the thief managed to max out my credit account more than $5k in two different transactions. I reported to FTC at the time along with the phone accounts. Thought the Kays was cleared out on my report. However I received a statement from the store credit department stating after investigation they denied that the transactions were fraud due to the person claiming to be me having a valid DL. They included this in the packet they sent me and requested I pay the balance. The ID number and signature are not mine.. I just left my local PD where I filed my original report. The detective ran the ID # and it runs up as a ID card not a DL and said it shows a totally different name than mine.
You have rights as a consumer under a number of federal laws, including the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Billing Act (FCBA). I suggest that you speak with a consumer protection attorney as soon as possible. (Invoking your rights under some of these laws is time sensitive.)
The outcomes available under these laws include motivating the involved companies to correct your account and credit reports and the recovery of damages. Additionally, if you case is successful, these federal laws provide that the companies will have to pay to defray your legal fees (so most experienced consumer protection attorneys will accept cases and only be paid at the conclusion of the case from the recovery).
The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, unsolicited robocalls or text messages, unfair business practices to consumers and the elderly, credit reporting of false or obsolete (old) information, credit report errors due to either identity theft or mixed files, denial of jobs or promotions due to erroneous criminal background searches and the defense of lawsuits involving consumer debts such as credit cards, auto loans, or consumer loans.
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