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Legal Rights & "Friendly" Identity theft

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thesecondtimearound
Valued Member

Legal Rights & "Friendly" Identity theft

Chase is claiming a friend of mine is responsible for an account opened, without his knowledge, by a shady relative. She used her mailing info and added herself as an AU. I told him Chase is BS-ing, but consdiering the details, I'm not so sure:

 

Chase Fraud Dep't called my friend to verify a credit card account in his name. He said he's never had a relationship with chase and any acct in his name was opened fraudelently--close it and stop calling. It wasn't til the 3rd phone call they mention his sisters name and address (she lives in a different state and has a different last name). He acknowledged his relation to her and also, somewhat, to the accocunt's existence. His sis has been in trouble before, and he was trying to save her from a little more.

 

He contacted his sister, she came clean and told him not to worry--she would handle it. SURPRISE SURPRISE she didn't. Subsequent attempts to reach her were unsuccessful. Meanwhile, Chase was insisting he go to a branch and show proof of identity in person--so he did. Later he finally got in touch with his sis and updated her about it all. She was very unpleasant and unappreciative of his efforts to help her keep this account.

 

Her attitude made him reconsider helping her, so he called chase the very next day. He told them his final position in this matter is now the same as his first: CLOSE THIS ACCOUNT THAT WAS OBTAINED WITHOUT MY KNOWLEDGE. KEEP IT CLOSED AND DO NOT CONTACT ME AGAIN.

 

Chase explained the account would remain closed, but that he was now personally liable for the $2500 balance on it. They mentioned that what my friend said in recorded phone calls about the acct was enough to make him liable. If he chooses not to pay, the baddie will go on his credit.

 

HOW IS THIS POSSIBLE? THE ACCT WAS OBTAINED WITHOUT HIS CONSENT! HE HAS NEVER SIGNED A CONTRACT WITH CHASE! 

ARE THEY CORRECT IN CLAIMING THE RECORDED PHONE CALLS ARE SOMEHOW LEGALLY BINDING???

 

Personally, I feel Chase is bullying a well-intentioned (albeit unsavvy) individual into assuming liability for an account they should have never opened in the first place. Any and all advice & input will be greatly appreciated. 

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1 REPLY 1
RobertEG
Legendary Contributor

Re: Legal Rights & "Friendly" Identity theft

The issue of his legal liability for the debt itself is a matter that will require litigation if they are asserting his liability.

Only a court can ultimately compel all relevant evidence and make a binding legal decision.

Thus, I would consult with an attorney regarding their assertion of liability for the debt.

 

However, the FCRA identity theft process permits the block of the account from his credit report without any need to prove the matter, or any involvment of the creditor.

FCRA 605B permits him to have the account blocked from his credit report based only on a sworn police report that states he did not authorize the account.

That enables him to block it from his credit report without concern of the ultimate issue of legal liability for the debt.

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