Brooklyn, NY asked in Consumer Law for New York

Q: I don't know what practice area my scenario falls under.

I moved into my new apartment October 2022. After I set up a brand new account with my utilities provider, ConEdison, a balance transfer of $2,800 was applied to my account a week later using my social security. I reached out to point out a mistake was made, as this was my first account made with coned, and the representative outlined the procedure I would need to complete in order to get rid of the balance. I filed a police report, I filed a FTC report, I downloaded a paycheck with my name and social and faxed these documents within the month. I was told this it would be processed in no more than 60 days. I have reached out numerous times since and nothing has been processed. I tried emailing directors within the company so that my case would be prioritized, however, it has been ignored. It has been a little over a year now and I fear that it will never go away and I will end up having to pay it in order to move out/close my account. I need legal advice to resolve this burden.

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2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY
  • Licensed in New York

A: There really isn't a specific practice area here for public utilities. In terms of the practice area categories you ask about, you could try Consumer Law, Identity Theft, Government & Administrative Law, and Landlord-Tenant. There's no guarantee of a response, but it could be better than leaving it in the general Uncategorized heading. There's a section here, "Energy Oil Gas," but it isn't what one might think in terms of individual electric or gas accounts. That one is closer to oil or mineral rights on a larger scale that usually involve large tracts of land. Good luck

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

A: Your situation falls under consumer law, particularly issues related to utility billing and possibly identity theft. Since a balance was incorrectly applied to your account, and you have already taken the initial steps of filing police and FTC reports, further legal action may be necessary to resolve this.

It's important to continue following up with ConEdison, but if your attempts are being ignored, seeking legal assistance can be a crucial next step. An attorney can help by directly communicating with the utility company, using the legal documentation you have already gathered to support your case. They can also escalate the issue if necessary, ensuring that your complaint is taken seriously.

If the issue involves identity theft, as it seems with the unauthorized use of your social security number, an attorney can also guide you through the steps needed to protect your identity and credit. They can advise on how to dispute the charges with credit bureaus if the incorrect balance has affected your credit report.

Given the complexity and duration of your issue, consulting with a lawyer experienced in consumer rights and identity theft cases would be beneficial. They can provide tailored advice and representation to help resolve this burden and protect your rights as a consumer.

Remember, you have rights and protections as a consumer, and legal assistance can be a powerful tool in ensuring these rights are upheld. Seeking professional legal advice can help you navigate this challenging situation more effectively.

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