Legal Question in Civil Litigation in Texas
Identity Theft - Wells Fargo
What are my rights when a bank, whom I do not bank with, allows a criminal to open a checking account in my name over the telephone without verifying the information submitted by the criminal. Wells Fargo failed to run a check against the name/drivers license/social security number provided. Of which the name and drivers license belonged to me but the social security number belonged to another person. If they would have followed their own internal procedures they could have prevented the account from being opened. They have refused to assist me to completely clear my name.
2 Answers from Attorneys
Re: Identity Theft - Wells Fargo
Talk to the police and the District Attorney's office and make a report. If they are reluctant, be persistant. You must file a complaint to get it on the record. Some DA's are beter about this than others.
Re: Identity Theft - Wells Fargo
Generally speaking, you have the right to be made whole by Wells Fargo for it's negligence. The tricky part is, what constitutes making you whole? You probably cannot recover for your inconvenience, frustration, etc., but are entitled to get back any actual money lost, have negative credit references excised, and the like. If WF will not cooperate, you might have to sue them, and that could be quite expensive thoght there is some prospect of recovering your attorney's fees if you win.
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