Identity Theft Debt Collection by Worldwide Asset Purchasing LLC; Collector Ignored Dispute & Listed Debt on Credit Report

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Rasul v. Worldwide Asset Purchasing, Cohen & Slamowitz [1]

United States District Court

Eastern District of New York

Factual Background

The consumer in this case had been the victim of credit card identity theft and never authorized the charges incurred on the account. The original creditor knew the consumer was not going to pay, and sold the debt to a debt buyer company called Worldwide Asset Purchasing LLC.

Consumer Rights Violation

The consumer informed Worldwide Asset Purchasing it was not my debt, but the collection agency ignored debt validation requests and reported the debt as a negative mark on credit report filings. Moreover, Worldwide Asset Purchasing proceeded with a collection lawsuit against the identity theft victim, which was filed by their lawyers Cohen & Slamowitz. Identity theft is a strong defense to a collection claim, and the consumer was not going to be pushed around. At that time, the consumer filed this FDCPA identity theft claim [2] in the U.S. District Court for the Eastern District of New York.

Jurisdiction & Recovery

The Eastern District is the jurisdiction that hears Brooklyn identity theft and Queens identity theft consumer rights claims. A successful claim can win a $1,000 statutory award for the consumer, plus legal fees, and additional recoveries in certain situations. In this case, a settlement was reached by the parties once the consumer’s debt collection identity theft lawsuit was served, and the Brooklyn debt settlement lawyer fees were covered by the FDCPA, resulting in no out of pocket charge to the consumer.

Conclusion

If someone has opened a credit card account in your name, or incurred charges on your account without your knowledge or permission, take prompt action to avoid being held legally responsible for the debt.

Report the identity theft to the collection agencies, and consider placing a fraud alert on credit report filings.

For more information, please call our consumer rights law firm for a free consultation.

[1] Nabi Rasul, Plaintiff, v. Worldwide Asset purchasing II LLC and Cohen & Slamowitz LLP, Defendants; United States District Court, Eastern District of New York, Case No. 12-4477

[2] Fair Debt Collection Practices Act, 15 U.S.C. 1692