Legal Question in Credit and Debt Law in California


My mom and I had the same exact name--name removed--Carrasco, until about two yrs ago when I got married and changed my last name. I am still living with my mom, and recently she applied for a credit card through her union, and was told it was denied due to some past credit problems. It turns out that she was denied,due to poor credit. My dad inquired about the reasons why, since my mom should have excellent credit, and once again they confussed my mom for me, and all my past credit history was given to my parents without my consent . know we used to have the same name and address, but we never shared a SSN or DOB. So now my parents know exactly what my defaults are and have been on my case since. I worked for several physicians and have some knowledge regarding privacy acts. I believe that my privacy rights have been violated due to negligence of the credit agency. I am aware that my consent is needed for accessing my personal information, and would like to know if I have a case. My parents have been harrassing me since they know everything that I was unable to pay. I believe this to be due to the credit agency being lazy and negligent by simply not bothering to verify either the ssn or dob. please let me know if i am right

Asked on 11/28/08, 2:14 am

1 Answer from Attorneys

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: credit

I don't think you have all the facts. When you run your credit report does your mother's information show up? Probably not. Why. Because a person's name is only one factor in determining identity. The primary factor is social security number. Lots of people share the same name. How many Joe Smiths do you think are in your city. So think beyond the name. Creditors report history based on what YOU gave them. If you never gave them your mother's social security number, then your history is very likely not included in your mother's credit profile. Is it possible that your parents did their own research and discovered your poor credit profile? It's pretty easy to do. I'd gather more facts before spending thousands on legal fees and costs.

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Answered on 11/30/08, 3:03 pm

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