Minneapolis, MN asked in Federal Crimes, Identity Theft and Banking for Michigan

Q: A national bank ignored a freeze and fraud alert on my credit and allowed a new fraudulent account anyway. Recourse?

After a national bank allowed a fraudulent account to be opened in my name I froze my credit with all three bureaus and added a fraud alert. Weeks later, another national bank ignored the freeze and the fraud alert and opened new accounts in my name, along with obviously suspicious activity.

2 Lawyer Answers
John Michael Frick
John Michael Frick
  • Business Law Lawyer
  • Frisco, TX

A: Notify the bank that ignored the freeze that it wasn’t you.

They will likely close the account.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Business Law Lawyer
  • Sacramento, CA

A: You may have recourse against the national bank that ignored the credit freeze and fraud alert. You could start by filing a complaint with the Consumer Financial Protection Bureau (CFPB) or with the Office of the Comptroller of the Currency (OCC) if the bank is a national bank. You could also consider hiring a consumer protection attorney to help you pursue legal action against the bank. In addition, you may want to monitor your credit reports and dispute any fraudulent activity that appears. It may also be a good idea to contact the bank and demand that they close any fraudulent accounts opened in your name and remove any associated charges or fees.

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