Legal Question in Consumer Law in Massachusetts

Identity theft victim seeks protection from Amex

Three years ago, I became a limited partner for the purpose of buying an apartment house, which didn't happen. Instead, somebody used my identity info to open up an Amex small business account under my forged signature.

A large check came through with the wrong signature. Amex looked me up. I explained I had nothing to do with the account. They deactivated the account without collecting its outsanding debt. Nowe they continue to file bad credit marks against me on the grounds that I was a ''partner'' in the firm. I have lost a lot of money as a result of not being able to finance my home due to bad credit.

Question: Whatever happened to the distinction between limited and general partners? What are my options? Can I hold Amex responsible for these unfair business practices:

* Failure to make automated checks that would have detected the fraud.

* Failure to inform me of my supposed responsibilities at the time of account creation (they knew my home address).�

* Filing bad credit reports without ever sending me any statements or other notices.

* Repeatedly making false statements in defense of their position.

* Repeatedly violating Cantwell-Enzi to hide the fact that I never profited from the account.


Asked on 2/16/06, 2:43 am

1 Answer from Attorneys
Maria Murber Law Offices of Maria Murber, PC

Re: Identity theft victim seeks protection from Amex

Please see below a portion of the statute for the Federal Trade Commission in regard to identity theft. 18 USC 1028 (please look this up because it is to large to fit in this post). What you should do is file a complaint as soon as possible with both the Attorney General in Massachusetts and the Federal Trade Commission.

� 005. Centralized Complaing and Consumer Education Service for Victims of Identity Theft. [NOTE: 18 USC 1028 note.]

(a) In <> General.--Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission shall establish procedures to--

(1) log and acknowledge the receipt of complaints by individuals who certify that they have a reasonable belief that 1 or more of their means of identification (as defined in section 1028 of title 18, United States Code, as amended by this Act) have been assumed, stolen, or otherwise unlawfully acquired in violation of section 1028 of title 18, United States Code, as amended by this Act;

(2) provide informational materials to individuals described in paragraph (1); and

(3) refer complaints described in paragraph (1) to appropriate entities, which may include referral to--

(A) the 3 major national consumer reporting agencies; and

(B) appropriate law enforcement agencies for potential law enforcement action.

(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

Good luck! Sincerely, Maria Murber

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Answered on 2/21/06, 6:30 am


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