Legal Question in Credit and Debt Law in Alabama

Credit Fraud Liability

Does a person who is a victim of identity theft, have any recourse against the agencies that granted credit (in his name) without permission?

Also, are there any civil laws regarding ateempts to collect debts. One particular collection agency has been overzelous in their attempt to collect this fraudulent debt.

Thank you for your help in this matter.

--name removed--Yarbrough


Asked on 10/04/03, 6:32 pm

1 Answer from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Credit Fraud Liability

Well, it depends. We would have to know more about how the particular lender verified the individual's identity and what the particulars were of that particular transaction.

As for the debt collector, the Fair Debt Collection and Practices Act (FDCPA) governs debt collectors. That law outlines numerous behaviors that are illegal and provides civil penalties. Without knowing what they have been doing or saying, I cannot really advise you as to whether this collector has violated the FDCPA but I do handle claims like that. If you need some more detailed information, feel free to contact me with more details.

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Answered on 10/06/03, 10:54 am


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