Wreckless Negligence?
Complaint
Brandy
Country: United States
I checked my 3 credit reports a week ago to find out that there were numerous (12 to be exact) accounts on my credit that were not mine that totalled $2732. I also noticed that there were addresses on the lists of places I have lived that weren't mine as well as other social security numbers that were not mine that were attached to my credit report. I called the first creditor and asked them about this account that I suposively owed money on. They told me it was from a hospital for medical expenses and I told them that I am a military spouse, all of my medical is covered through our military doctor in the state we live in (WA) whereas they are located in OR and I have not resided there since 2003. The collection agency had placed 4 of these negative accounts on my name in 2009 and 2010. After taking my information and plugging the account numbers into their screen they told me my name and social security number matched up but my address and birthdate did not and that they thought I may be a victim of identity theft. I got off the phone with them and started calling all of the other negative accounts that were not mine to see if my social security number matched what they had. NONE of the other collection agencies that were on my credit report had my social just the first one did..in the end 7 days later, many hours spent investigating and filing a police report in OR I realize that the first collection agency had put a girl with the same name as myself into their computer system and attached all of her negative accounts to me which caused a domino affect where all of her collections and her criminal activity had become attached to me through my credit. The police officer on my case called this agency and they admitted that they wrongfully put this other girls negative accounts on my social security number, giving me all of her negative credit. Can I sue in small claims? Is is wreckless negligence?
Comments
Unfortunately, data furnishers, like this debt collector, reporting to CRAs, are normally only liable under FCRA for posting errors after you dispute through the CRAs and they erroneously "verify" the information. Until you find the error, you won't even know to dispute it.
Dispute ALL the errors on your three credit reports, including all the false addresses, the false SSN, and the various false collection accounts. Force the debt collectors to check and remove the errors, through the CRAs, so that if they fail to remove them, they will become liable for their errors.
In addition, send dispute letters to each of the debt collectors, disputing the collection accounts. Send all communications certifed return receipt requested, so you have proof of when you disputed, and when they got it, in case you need to prove you disputed in court.
Even if the collection accounts start to be removed, DO NOT fail to dispute both with the CRAS, AND with the debt collectors furnishing the data. Both are essential to establishing liability should problems persist and you find you have to sue.
It has become increasingly common for debt collectors to obtain SSNs from sources other than original account information, such as by skip-tracing (which as in this case can be subject to errors), and then use it to deceptively claim that is the person who "owes" the debt. It is also increasingly common for debt collectors to claim that having your SSN is "proof" that you owe the debt, which clearly crosses the line into deceptive collection. This results in many spurious "id theft" reports, wasting the time of consumers and police, and altering the id theft statistics to include this sloppy skip-tracing/deceptive collection as "di theft".
What you might look at is whether the alteration of the original hospital account information by the debt collector to obtain and attach YOUR SSN to it, deliberately representing that they were claiming that you were that debtor, might constitute "deceptive collection" beyond a simple "error".
You should probably run this by an attorney with experience in FDCPA and FCRA litigation in your state. This is not the sort of case you should handle through small claims. You want an attorney on your side, even if the end result is a negotiated settlement. Both FDCPA and FCRA allow courts to award damages and attorney fees, so you may be able to find an attorney willing to take such cases on contingency.
You might try www.naca.net
This is ESSENTIAL to establishing liability either by the data furnishers if the CRA later claims they "verified" it with the DF, or in establishing liability by the CRA itself. You cannot do this only by phone, regardless of what they promise. You want it in writing, mailed certified return receipt requested, with a copy of your credit report highlighting each erroneous item. This may sound redundant, but if you leave it out and they screw up, you are basically back at square one.
Get a copy of the police report from your complaint, so you have it in your files. You may need it.
Is this a debt collector reporting screw up, or is it an actual id theft case, where she had a different name, or used your SSN herself?
Are there actual law enforcement or court records listing your SSN?
Are there background check reports that have linked you?
You might be wise to talk to a competent attorney to see what all you are dealing with, and how to unwind it.