Is This Legal?

[brannigan1]

I have an old collection from 2008 from a mom and pop cable company (i live in a rural area) for $75. I called the collection agency handling the collection to find out what it was for and they were only conerned with getting payment, not providing me any information. So i called the cable co directly. The rep couldnt locate anything offhand so took my number to call back if she did. She called back hours later and said "you cut your neighbors cable line so the bill is for that"

I said "come again?" and she said the utility box is in my yard, the cable line to my neighbor was cut, therefore I was billed for the repair. I have no qualms with any neighbors - I simply did not do anything wrong! I had no account with the company and I didnt cut anything!

This is really quite frightening to me in all seriousness. Is this legal? I certainly cant see any scenario where it is legal!! I have disputed it with the credit bureau and it is "pending" but any other info you can give to resolve this is appreciated. Thnks

[starry1]

I would say no.  They are not billing you for a service, they are accusing you of criminal mischief without any sort of charges.  I'd totally sue them.  They are charging you without any proof of criminal activity.  Demand they send you a police report that states you did it.

[guiness56]

Welcome to the forums.

Hmm, I think that is a first for me!  Never, ever, heard of anything like that happening.

I would say without first an investigation with the police involved absolutely proving you did it, no, it is not legal.

They are making assumptions based on the fact the box is in your yard.

There are a few ways to possibly handle it, one would be getting an attorney, which may be your best bet.

You can try to file an FTC Fraud Affidavit and a police report then send them to the CRAs asking them to block the account.  They would have to do this and you do not have to prove fraud.

Then I would send those same documents to the OC asking for any and all documentation on the account.  See where it gets you.

[coterotie]

Nah you didn't do it, you were on your private island off the coast of Hawaii at the time.  You and Larry Ellison were having cocktails discussing future acquisition plans.  While you were there your security camera captured a squirrel chewing through the cable.  Unfortunately, a meteor strike on your server farm where the data is stored wiped out the digital images of the squirrel performing this dastardly act.  But you do know which tree the squirrels family hangs out at and they can send the bill there.

They have as much proof of their story as you do of yours. 

I'm afraid I would have to send them a pretty strongly worded letter with copies to the BBB and the local Chamber of Commerce.  If they failed to remove it immediately take them to Wapner.

[brannigan1]

The main reason for posting it was I also felt this has to be a unique situation. The dispute person from Experian also mentioned the FTC as well. The FTC complaint area advises hashing it out with the credit bureaus before proceeding with the complaint so I will just take it step by step.

Im more worried about the bigger implication of stuff like this. When somebody can just wield that kind of hammer to hurt a consumer, not even a customer!

I asked the company, can I just bill my neighbor for borrowing my hammer and just submit it to collection??? Pretty powerful tool in the wrong hands I would say.

[guiness56]

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@brannigan1 wrote:

The main reason for posting it was I also felt this has to be a unique situation. The dispute person from Experian also mentioned the FTC as well. The FTC complaint area advises hashing it out with the credit bureaus before proceeding with the complaint so I will just take it step by step.

Im more worried about the bigger implication of stuff like this. When somebody can just wield that kind of hammer to hurt a consumer, not even a customer!

I asked the company, can I just bill my neighbor for borrowing my hammer and just submit it to collection??? Pretty powerful tool in the wrong hands I would say.

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I don't see this on the Affidavit.   Where are you seeing this.

I could have possibly overlooked it on the form.

[brannigan1]

coterote,

 This is a mom and pop company and when I explained this to friends in the area, every single one of them to a person mentioned how notorious this service is for NOT burying its cable line.

My friend at the end of the block said he cut his own cable line with his lawnmower. He had a account with them and was charged $40 for the line! he called and complained and it was "courtesy waived"

Also, the box is in my yard but I dont know where the cable line was actually severed. Could I have inadvertently cut it with my mower as well? yeah, I guess its possible. Im friend with my neighbors connected to that box, I certainly wouldnt have purposely done it.

[brannigan1]

guiness56,

 It was under file a complaint for "credit" issues - it then had a info box that said to hash it out with the cra's first. Im paraphrasing all this as it was a few days ago.

[RobertEG]

As you point out, there are numerous legal issues as to your potential responsibilty for utility company property that is on your property.

Perhaps not being a customer would be relevant, or perhaps it would not.  The laws of your jurisdiction and the facts of the case require intepretation.

I dont see how the FTC would have jurisdiction to resolve those legal issues based on the fact that they reported the alleged debt to a consumer reporting agency.

In my opinion, you have a legal issue that requires a decision by a court.

I dont see any "illegality" by their asserting your responsibilty.  It's a civil matter that you can bring before the court for resolution.

If the debt is found not to be legitimate, then the credit reporting would require deletion.

[starry1]

It seems illegal to me.  Its as if anyone can claim "hey, so and so owes me ten grand" and then can ruin your credit without any proof.  At minimum they should be in violation of the FCRA.