If a creditor refuses to remove fraudulent charges, persistence is key. Start by requesting a written explanation of their denial. Under the Fair Credit Reporting Act (FCRA), creditors must explain why they believe the account is valid. Review this response carefully and gather additional evidence, such as copies of police reports, FTC affidavits, and correspondence proving you did not authorize the transactions.
Next, dispute the fraudulent account directly with the credit reporting agencies. Provide all supporting documentation and request that the account be investigated and removed. The credit bureaus must investigate disputes within 30 days and notify you of the results. If the creditor fails to cooperate during this process, you may have grounds for legal action.
In California, Civil Code § 1798.93 gives identity theft victims the right to sue creditors and collectors that continue to pursue fraudulent debts. By working with an attorney, you can seek damages and compel creditors to stop reporting false information. This legal leverage often motivates creditors to finally take your claim seriously.
