Legal Question in Credit and Debt Law in Florida

Fraudulent credit reporting - damaged scores
When I was 15-16 years old, I went into a Bally's Total Fitness club to try out their club. To do this, I was asked to fill out some paperwork first. In order to join though, I would have needed my parents signature on the consent form. Since the cost of the club membership was $300, I never returned for the membership. 3 years later when I started college, I received a letter stating that I have been sent to a collection agency for owing Bally's money. Apparently, the salesperson had signed me up for a membership to get the commission without my knowing and it was now on my credit report. From the day I found out, I had been contacting them about the falsification of contract and fraud and I told them to remove my name and all record of any debt for the credit agencies. They appologized and informed me that they would. 2 years later, I received another letter from a different collector reopening up the account and the debt was again on my record. I went through the same procedures as before. This has happened over 4 times in the past 13 years and it has re-emerged again. This apparently happens everytime the debt is resold to another debt servicer. Do I have any recourse against Bally's for fraud.

Asked on 8/03/05, 8:50 am

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

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Re: Fraudulent credit reporting - damaged scores

The following is not legal advice nor is any attorney client relationship established.

You probably have good claims against the colletors under a few provisions of the FDCPA and perhaps under the FCRA.

I suggest you seek competent counsel in your locale to protect your interests.

Answered on 8/03/05, 6:00 pm

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