Can I sue a company if my identity is stolen by a representative of their company?
Miami, FL |
I placed an oder with a company over the phone and the representative that obtained the credit card and necessary information to place the order used that information to place personal, unauthorized charges.
I agree with my colleagues, your question would be better posed in a forum other than criminal defense.
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The answer is yes. It is a matter of proof. You need to mitigate your damages. You probably want to send an identity theft validation letter to each of the creditors who were tricked. I have a form if you email me. You should also obtain a police report, fill out an FTC identity theft affidavit, and send certified mail return receipt requested disputes to each credit bureau. I have an instructional form for that as well but some of the key items are as follows. If the account was not opened by you, it is someone else’s account, or if you were only an authorized user, you should advise the credit bureau of this fact and ask the credit bureaus to compare your signatures with those of the person who signed the credit application or who signed for the credit. Consider including the credit report itself, account statements, correspondence from the creditor, court papers if available, any falsified documents (if you have them) and any other documentary proof that you don’t owe the money. Some other examples may include letters from the creditor themselves admitting to a mistake, social security cards, driver’s licenses, utility bills, etc. You should enclose a copy of your driver's license which has your current address, photo and signature. The credit bureaus, under the FCRA, have to respond quickly to your fraud claims. You can have an attorney evaluate your case against the company and representative who stole your identity. I have some articles about the FCRA on my website that may be of interest to you. http://www.fortheconsumer.com/article-fair-credit-reporting-act.htm and http://www.fortheconsumer.com/article-williams-v-equifax.htm . I wish you the best in the future.
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