FRAUDULENT CREDIT CARD CHARGES
The Fair Credit Billing Act (FCBA) establishes procedures for resolving billing errors on your credit card accounts, including fraudulent charges on your accounts. The law also limits your liability for unauthorized credit card charges to $50 per card. Make sure you also close all accounts that were tampered with or opened fraudulently.
- Ask to speak to someone in the fraud department of your credit card company and demand inaccurate information to be removed. Some companies require you to fill out their specific documents in order to have the debt removed. Some will accept the Federal Trade Commission’s Identity Theft Affidavit.
- If someone has changed your address or contact information, require that the information only be changed with a special password. Avoid using passwords that an identity thief might guess easily like your mother’s maiden name, or date of birth.
- Close the compromised account and ask for a new account.
- Ask for new cards with new personal identification numbers (PINs).
- Ask credit companies to provide you with copies of documents of any fraudulent transactions, and forward them to the police department, where you filed the identity theft report.
- Write to the creditor at the address given for “billing inquiries,” NOT the address for sending your payments. Include your name, address, account number, and a description of the billing error, including the amount and date of the error.
- Make sure your letter reaches the creditor within 60 days after the first bill containing the error was mailed to you. If an identity thief changed the address on your account and you didn’t receive the bill, your dispute letter still must reach the creditor within 60 days of when the creditor would have mailed the bill. This is one reason it is essential to keep track of your billing statements, and follow up quickly if your bills do not arrive on time.
- Send your letter by certified mail, and request a return receipt. It becomes your proof of the date the creditor received the letter. Include copies of your police report or other documents that support your position. Keep a copy of your dispute letter.
- The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.
Applications or other transaction records related to the theft of your identity may help you prove that you are a victim. For example, you may be able to show that the signature on an application is not yours. These documents also may contain information about the identity thief that is valuable to law enforcement. By law, companies must give you a copy of the application or other business transaction records relating to your identity theft if you submit your request in writing. Be sure to ask the company representative where you should mail your request.
Companies must provide these records at no charge to you within 30 days of receipt of your request and your supporting documents. You also may give permission to any law enforcement agency to get these records, or ask in your written request that a copy of these records be sent to a particular law enforcement officer.
The company can ask you for:
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Proof of your identity. This may be a photocopy of a government-issued ID card, the same type of information the identity thief used to open or access the account, or the type of information the company usually requests from applicants or customers
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A police report and a completed affidavit, which may be the Identity Theft affidavit or the company’s own affidavit.
Your Legal Rights: Damages plus Attorney Fees and Costs
If a creditor violates your rights, you may be awarded damages, plus twice the amount of any finance charge as long as it’s between $100 and $1,000. Call us for a free consultation. We will not charge any fees, unless we prevail in your case.
