More details to this question:
I found out that someone opened a Torrid account in my name when I received a bill for about 100.00. I called them an told them that I did not open the account. They said they closed the account and would not bill me. I received another bill. I called them again and asked what kind of id was presented to get the account open in my name -they simply said "id was presented" and again told me that I would not be billed. Several months later, I received another bill. I again called. Now I have received a bill from a collection agency that says I owe over 700.00. I called them and they said they don't care that it is not my debt - I just need to pay.
1 ANSWER
Consumer Law Attorney serving Waukesha, WI
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Matthew McKenna
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I would initiate a written dispute to the company so you can show a paper trail of your disputes. If the account is with a collection agency, you should be able to request a "validation package" from the collection agency where they send supposed documentation to "prove the debt." You'll likely want to also consult a consumer protection attorney that can advise you on various rights related ot the Fair Debt Collection Practices Act ("FDCPA") to explore the possibility if the collection agency is violating that law (or some other law) in some way.
You'll want to complete a police report as well as a FTC Fraud Affidavit detailing that this account is not yours.
You'll also want to see if this fraudulent account is reporting on your credit reports. You should be able to access your Experian, Equifax, and Trans Union credit reports once per year for free. You'll want to see if that account (or any other fraudulent accounts) are reporting on any of the credit reports. If there are fraudulent accounts, you'll want to provide written disputes to each of the credit reporting agencies, along with any supporting documentation you have (police report, FTC fraud affidavit, etc.), detailing that this account, along with any other fraudulent account is not yours.
May consumer protection attorneys that practice under the FDCPA and the Fair Credit Reporting Act ("FCRA") offer free consultations and it might be good to contact an attorney!
Answered on Jan 08th, 2024 at 10:55 AM