Can OC be sued?

[teton]

A utility company allowed someone to open an account in my name because they had my social security number. It was showing 120 days late and then went to collection. I disputed the collection and it was deleted. However, I can't get the utility company to take off the 120 days late. Can I send an ITS letter? I have all kinds of documentation to show where I was living at the time in question. All they have is my social security number.

[Anonymous]

sure it can. you'd probably need an id theft report filed with the authorities.

[teton]

What kind of documentation would a utility company be expected to provide? They allow people to open accounts over the phone.

[RobertEG]

Teton, sure you can sue.  But I presume that your first concern is your CR.

Can you please tell us...

Was the account ever placed into collection?

Did any CA ever send you a formal collection notice?

I there currently a CA posting on your CR?

Who did you dispute with?  The OC, CA, or CRA?

If you disputed with the CRA, and they did not verify within 30 days, then it must fall from your CR, which makes any further action by a CA much more difficult, builds your case in any subsequent ITC or any further legal suit.

An ITC complaint is never your first step.  First exhaust your rights to verify with the OC, then, if a CA was established, your right to DV them under the FDCPA.

The more you can build a history of lack of FCRA or FDCPA compliance, the better your case before the ITC or a court.

Message Edited by RobertEG on 10-13-2008 08:21 PM

[teton]

When I first discovered this on my CR, the utility company was showing the account was 120 days late and it had been turned over to collection, that also showed on my report. I disputed both the 120 days late and the CA with the CRAs. Evidently, the CA didn't respond within 30 days because the CRAs deleted the TL from my reports. However, the utility company verified this was my account saying it was opened with my SSN. I'm wondering what documentation the utility company can be required to produce in order to prove this is my account.

[Anonymous]

Do you have any (past or present) connection to the address, or the people living at the address (where the utility company provided service, using your SSN?)

Does the utility company have your name on the account, or just your SSN?

Documentation showing you were living at another address isn't convincing, because it doesn't prove you didn't open that account with the utility company.

It sounds like what happened here is that someone stole your SSN to get utilities turned on at that address.  It was identify theft.  You need to report the crime, or you will never be able to clear up your credit report.  If I was you, I'd contact law enforcement local to the property address where the theft occurred.