Legal Question in Banking Law in Georgia

I recently discovered an insurance company....which I have never spoken to, signed up my brother(who is mentally disable) for an accidental disability insurance plan and somehow had access to my bank account and set up monthly payments without any of my knowledge. I bank with bank of america. My brother told me he told the people he only had Wachovia and didn't agree to anything. I am wondering how they even had access to my information as my brother knows nothing about my bank account info. So this insurance company charged my bank account for this insurance policy under his name on the billing statement. I just don't understand how they were able to do with without any verification from me. I don't even understand how my name or info was connected to this. I am no longer even living in Atlanta. This transaction happened over the phone in Atlanta. This has also sent my bank account into a negative balance and now the bank assumes I owe them money. I have spoken with the bank and they told me to file a fraud claim but I am wondering if I am able to sue this insurance company for fraudulent activity? Also, the bank gave me the insurance companies number so I called them to inquire about the charge...they simply told me there was no account in my name(of course) and that the person whose name it is under will have to call. I told the representative that I know who the person is but he is mentally disable..the respresentative then told me I would have to have his guardian call. My mom is my brother's guardian so I had her to call and they told her she was unable to access the account as well..basically sending me and her in circles. I am wondering how to go about suing this company if it is possible? It makes me very upset to know that this company was able to access my banking account without any verification.

Asked on 8/08/09, 12:54 pm

1 Answer from Attorneys

Kendall Carter The Law Offices of Kendall W. Carter, LLC

If the insurance company obtained your account information and used it without your consent to open an account, that is certainly an actionable case of fraud as well (along with a number of other issues). I would definitely file a fraud claim IMMEDIATELY with your bank while pursuing your remedies against the insurance company. You should always take advantage of all your options in such a scenario.

Please contact my office to discuss this matter further, I think I may be of assistance.


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Answered on 8/13/09, 1:17 pm

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