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I recently been affected by Identity fraud and have been dealing with a Verizon Wireless Nightmare, should I seek legal action?

Lake Orion, MI |

Verizon Wireless has been putting me through loops and unbelievable stories that people can't believe. I pursued the Verizon Wireless fraud department after fraudulent accounts have been open in my name, they go on to tell me I need a police report stating this accounts were opened fraudulently, I say to myself okay, no problem. Get the police report from my local county sheriff, and call them / email them the documents, the lady reviewed and told me everything was good, then hung up. Now there is more to the story but from here on out they have deemed my account non-fraudulent for no reason and deeming me responsible for the accounts. I work in credit so I am weary of my credit being affected at this point. If they were to put a fraudulent account on my bureau should I sue them?

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Attorney answers 4

Posted

Yes, that's the only alternative if they so not take care of things to your satisfaction.

My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Please do not rely on brief answers without checking with an attorney in a confidential consultation.

Posted

hell yes and I wouldn't wait I do it now.

Posted

If Verizon has reported this fraudulent account on your credit history, then you have claims under the Fair Credit Reporting Act (FCRA) and under Michigan's Collection Practices Act. If Verizon hires a third party debt collector to dun you, then you would also have claims against the third party under the Federal Fair Debt Collection Practices Act.

Since you work in credit, you may already know this but, the first step is to dispute the reporting with the credit bureaus. That may sound counter-intuitive, since the dispute is really with Verizon but, reporting the dispute to the bureaus before filing suit is required in order to preserve your rights under the FCRA. If you need a sample dispute letter (called a "Request for Reinvestigation"), feel free to e-mail me directly: danil@lemonlawlawyers.com. Although you can take this step on line, I do not recommend it because: (1) if the report is not corrected, you'll need proof that you took this step - much easier if you use certified mail and keep hard copies for your file; and (2) some of the bureaus sneak an arbitration clause into the on-line dispute process - you want to preserve your right to go to court if your report is not corrected.

Even if the dispute process clears up your credit history, you would still have claims against Verizon (and any third party debt collector) with respect to the debt collection practices. Whether it is worth pursuing those claims is something that would have to be evaluated based on the facts of your case (e.g., how much debt collection harassment occurred, how long a time did this go on, were you denied credit, did the adverse reporting hurt your job, etc.).

Good luck! If you have further questions, you may want to check out the resource links on our website: www.lemonlawlawyers.com.

Posted

The Fair Credit Reporting Act (FCRA) is a federal law that provides consumers with the right to a free report and the right to dispute credit report errors for free to Equifax, Experian and Trans Union. When you dispute errors to the credit bureaus (like the Verizon account), the credit bureaus have to forward your dispute to Verizon.

After receiving the dispute, Verizon must investigate your dispute and report its findings to Equifax, Experian or Trans Union. Next, the credit bureaus will send you the results of their investigation. If the reinvestigation results say the credit bureau "verified" the information, then you may be entitled to money damages because the credit bureaus and Verizon failed to perform a reasonable investigation.

If you send the credit bureaus an identity theft report, then the credit bureaus must block the information (the Verizon account) within 4 business days. If the credit bureaus fail to do so, then you may be entitled to money damages.

For more information about your rights under the FCRA, visit www.itsyourcreditreport.com

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information provided is for informational purposes only and is not intended to constitute legal advice. When you submit a question to this website, your submission does not create an attorney-client relationship. Please be aware that the transmission of an e-mail inquiry itself does not create an attorney-client relationship. We cannot serve as your counsel in any matter unless you and our firm expressly agree in writing that we serve as your attorney. You should also be aware that the statute of limitations (the deadline imposed by law within which you may bring a lawsuit) may severely limit the time remaining for you to file any potential claims you may have.

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