SAN DIEGO – A consumer alleges he is a victim of identity theft and that two companies failed to investigate his claim over information on his credit report.
James R. Diven filed a complaint on March 8 in the U.S. District Court for the Southern District of California against T-Mobile US Inc. and Amsher Collection Services Inc. alleging violation of the Fair Debt Collection Practices Act, California Identity Theft Act, Rosenthal Fair Debt Collection Practices Act and California Consumer Credit Reporting Agencies Act.
According to the complaint, the plaintiff discovered in December 2017 after obtaining his credit report that he was a victim of identity theft. He alleges his report listed an account with Amsher for a T-Mobile account, which he did not open. He alleges he filed a police report and notified the credit bureaus and T-Mobile that he was disputing the alleged debt.
The plaintiff alleges Amsher and T-Mobile are still reporting the account.
The plaintiff holds T-Mobile US Inc. and Amsher Collection Services Inc. responsible because the defendants allegedly failed to diligently investigate plaintiff’s identity theft claim and Amsher failed to review all relevant information provided by the credit reporting agencies.
The plaintiff requests a trial by jury and seeks judgment against defendants, actual and statutory damages, attorneys’ fees, injunctive relief, declaratory relief, costs of suit, interest and further relief as the court may deem proper. He is represented by Alex Asil Mashiri of Mashiri Law Firm in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00507