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Consumer Law Keyed to Pridgen, 5th Ed.
Burrell v. DFS Services, LLC
Citation:
753 F. Supp. 2d 438 (2010)Facts
Robert Burrell discovered his identity had been stolen in April 2008 when his Discover credit card statements were redirected to a fraudulent address. He contacted Discover multiple times between April 2008 and May 2009, informing customer service representatives that fraudulent charges were being made by someone named Sarah Foster. Despite these notifications, Discover allowed the charges to continue and assessed late fees and penalties, ultimately totaling $9,706.68. Burrell submitted a written Affidavit of Fraud to Discover on May 18, 2009. Similarly, an identity thief opened a Helio wireless account in Burrell’s name, resulting in charges of $1,010.16. Burrell disputed these charges with Helio in writing in May 2009. Both companies continued reporting delinquent payments to credit reporting agencies. Burrell did not file disputes with the credit reporting agencies until March 17, 2010. The fraudulent reports severely damaged his credit rating and subjected him to harassment from debt collectors, causing emotional distress and sleep deprivation.
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