Can I sue the cable company for letting my mom use my name when I was under 18?

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Can I sue the cable company for letting my mom use my name when I was under 18?

A couple weeks ago I spoke with a cable company about getting cable for the first time. We decided on a package but then I found out that I had a balance of over $300 in my name from when I was about 12 years old which was set up by my mother. It was fraud. I need to get my name cleared but was told that I need to file a police report and then fax it to them. I am currently in the process of getting a credit report to see what all my mother has used my name for before I file the police report for identity theft. Also, 2 days later the company sent me to collections.

Asked on March 9, 2011 under Bankruptcy Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are three different problems with suing the cable company:

1) The cable company *may* have been negligent (careless) in letting your mother use your name when you were a minor, but that's not clear--it's not certain that they had an obligation to verify age or identity when someone subscribes. If there was no such obligation, or if you mother did such a "good" job it would have been difficult to find her fraud, the company did nothing wrong. The real wrongdoer is your mother.

2) As they indicated, in cases of identify theft like  this, you would need to file a police report and your mother could face criminal charges.

3) $300 is almost certainly not worth taking action on, economically.


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