Can I sue Cingular?

Question

I got two phones from Cingular years ago to allow my brother in law to use one. He later ran up the bill and fled the country. I had made him an authorized user on the account which allowed him to view the phone bill only, which was back in 2001. However, last year August 2006, he went to Cingular and opened a completely new account under a new contract in my name and without my knowledge. I did not find out until he took off and I tried to close the account. When I called customer service they tried to accuse me of opening the account, but when the rep looked at the DL# that opened the account, she realized that it wasn’t me. However, the Cingular fraud department refuses to investigate or accept that it is fraud because I know the person and the phone which I did set-up (the phone I gave him to use) showed that it called both phone that he had set-up, so they automatically believe that it was me. I am now stuck paying $1100 in charges to try to clear it off my credit report

Answer 1

Many times when something like this happens and it was someone who you know and had authorized in the past it is considered a civil matter...for example

I lived with my best friend until she got married, the phone was in my name and I had known her for so long I just left it. I never had a problem, I got married and we all lived our lives. She later divorced and both parties moved out of the place we had lived. My friend paid what she believed was the final phone bill and we all forgot about it. I found out later her ex-husband had opened a new phone account in my name and rung up a huge bill and never paid it...so when I tried to get a new phone in my name I couldn't...and it was showing on my credit report. I wound up having to pay the bill (I got it removed from my credit report by sending the legal documentation of me sueing her ex) and sueing him. I never got the money (he didn't have any and I only did it to clear my name and credit), but I could have if I had chosen to take the next step and get a garnishment order against him.

I suggest you contact a lawyer, this may be a civil mater or it may not, but you won't know until you contact a real legal mind!

Answer 2

This does not sound like it is Cingular's fault. Do you understand the premise of an authorized user? They have all the rights and privileges of the account holder, but they are not legally responsible for any debts. By making your brother-in-law an authorized user on your account, you allowed him to make changes to the account - even open new service. Perhaps you should call Cingular and ask them for something in writing that describes what an authorized user can or cannot do. If he was acting according to the fine print, it is totally not the company's fault.
In the future, you should be more selective about who you allow to be an authorized user on your accounts - be it cell phone service, credit cards or otherwise.

Answer 3

I'm not sure about this... but I think the only way you can really pursue this will result in charges being brought against your brother... so you need to decide if that's something you're willing to do. Identity theft is, so far as I know, a federal offense. You need to talk to your local law enforcement's fraud division... I doubt if Cingular's fraud division is going to be of much help (it's not in their best interest to prove it wasn't you who created that account). Knowing someone does not give them the right to abuse that relationship and commit a crime against you, which is exactly what your brother has done. He can be held fully accountable, regardless of the fact that you know him or the fact that you originally gave him a phone. What he did is still a crime. But as such... if you pursue it, he will likely get in some major trouble. So I guess it just depends on your intentions and what you think is best for both you and your brother (sometimes getting caught is the only thing that really helps someone straighten up their act).

Answer 4

The internet is a terrible place to get legal advice. You really do need to pick up the phone and call a lawyer. He will know what constituted due diligence on Cingular's part, and what counts as fraud.

People like me, with good intentions and a little information, can steer you way wrong. Don't listen to online people. Call a local lawyer.

Answer 5

Unfortunately big cors dont care about people any more...they dont care if you take your busines somewhere else cause they know you'll be replaced by 10 more. so I think youd be wating your time. id write them off and go to another co. like t mobile. Also youve learned a valuable lesson dont trust anyone buy YOU. Sorry its not what you wanted to hear. But ive been scammed and had to eat it. there is no customer sservice anymore. Corperations just view us as a Number.

Answer 6

dispute it with the collection agencies!

And yes, you can sue anyone, but what would you sue them for. You have not paid any debt.

Your best bet is to report the fraud to the police and let them handle it!

Answer 7

Yes you can sue them. They used your name with out consent which was wrong of them. If they do not remove that ever they charged to your name then I say sue them. They are ruining your credit, it it will come back to bit you in the butt. I say do what you have to do.

Answer 8

You can try to sue them if you would like, but if you are not willing to press criminal charges on him, there may not be much that you can do.

Answer 9

you can sue anyone I guess, if you got lots of $ for an attorney... whether you win or not is another story.

cingular is a BIG company with Lots of money... and I bet they can afford more attorney than you can

Answer 10

GET A LAWYER. You will need one to file the suit properly. What court and what state depend on the nature of the suit.