[basketac]

What is the name of your state? Pennsylvania

I was listed as an authorized user on a family member's credit card. This account has turned into a collection account and I found out that it has affected my credit report negatively. I want to get the fact straight before I decide whether I want to take legal actions. My questions are:

1. No information was supplied about me except for my name. No soc. sec. number, no signature, nothing. Can they do this without proper identification on me? Can I fight this?

2. the account is listed as a "joint account"... what does that mean? Can this qualify as joint if I was only listed as a "authorized user"? I have never used the card and I didn't find out I was on the account till much later. What can I do about it?

3. I have filed disputes with the credit bureaus and they keep on sending me letters telling me that the credit card company was able to supply "evidence to prove and verify the accuracy of the account information." Can I request to see the information?

I have been fighting this for a LONG TIME... The credit bureaus are just so incredibly unefficient and completely unhelpful. This fight as aggrevated and agitated the little brain out of me. I am very annoyed... Any additional information or help is greatly appreciated!!

[youareceo]

1. Yes, and no. Legally, they can't add anything on your file if you did not authorize the account. Suggest you call "their" creditor and tell them you were given authorized user access without your authorization. Tell them that without a contract with you, unless you authorized the application for credit or being listed as an authorized user, no contract exists and therefore they need to delete your name from the account. "I did not authorize my name being listed as an Authorized User on this account." If you get a CSR who is a moron, tell her what safeguards account holders from adding George W Bush. She will answer SSN & DOB. You tell her you never gave such to them, because it was not authorized by you... Therefore, they are now guilty of misusing your SSN, and of collecting personal & private information in violation of the Graham Leach Bliley & Privacy Acts. Ask him/her if they are aware this is a federal felony, and if they would like to discuss avoiding prosecution or suit. They will get a Manager. Then you tell the Manager you never authorized it, they collected your DOB & SSN from your credit files without authorization. There was no collection activity at the time on the account, so colllection of accounts was not a permissible purpose. Ask him if him/her if they are aware of past class actions against creditors for authorized user credit reports. Ask him/her to point out where in the card holder agreement, which you never received or agreed to, states they may report to authorized user's credit files, when this agreement went in force effective, and how you were notified. Ask him if he is aware of semi-recent Appeals Court decisions requiring that they ask DOB & SSN for authorized users, to at least have some semblence of safeguards against this. Finally, tell her/him that he can't collect the debt from you, and since there is no agreement, that this is not your concern anymore, and that continuing to report the account on your file is an intent to fraud and credit libel. Ask them for their legal department's contact information. Write them a demand letter, and cc: Manager and the Attorney General in your state, their state, the state that the Call Center is in, and the state of their incorporation and headquarters. Merry's Law of the Law: The more, the merrier! The trick is to get you off the card, which is hard to do after collections... They don't want to change, but legally they have to. Once you are off the card, the CRAs won't be able to verify it.

2. This supposedly means that their were joint applicants. Like Uncle Bob and Aunt Susie, and you are Nephew Jimmie. If they mislisted you as an account signer, it's good news for long-term and bad for short:
Long-term they can't prove you owe and have really screwed up in the eyes of the Law, but bad because now it is in collections they aren't taking ANY CARDHOLDER OFF until you sue or they do! Suggest suit in small claims for this. The cardholder might become a counter-ligitigant. Good thing: They might get the debt cleared for contract violations.

3. That means you really ARE an Auth User, even though CREAs are lying scum. See #1 & #2.

You see, this is the most shaky legal grounds for creditors, because first they did it without verifying identity, then they started reporting to credit bureaus, then they started asking SSN & DOB. But they still don't ask for your authorization. No contract, no right to report to credit bureaus. PERIOD.

If you need some help, I do consulting services on contingency. However, support (phone calls or extensive emails) are not on contingency.

Jon
[email protected]
http://keen.com/youareceo

The preceding is not legal advice, is not from a licensed debt counselor, and is not provided to persons from states which providing such information requires a license.

[ondago]

This is what I have to say, they didn't even have your S.S.#. How in the world did they put it on your credit report. I don't think that is good at all. I would call the bureaus and tell then that. And tell them that you didn't let that peson add you on as a user, and see what they say. If that gets you nowheer, dispute it again and tell them in the letter that you want to see proof of something because this is not right, I mean you didn't sign noting and no S.S. #. Yea, I think you can do something about this. Good luck