How Texas couple won 2-year battle against Bank of America over credit card fraud

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How Texas couple won 2-year battle against Bank of America over credit card fraud
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A Texas couple won a two year battle against Bank of America over fraudulent credit card charges. The victory did not come easy.

A North Texas couple fights back and sues their credit card company, a debt collector and two credit bureaus.The federal law establishes the ground rules for what debt collectors can say or do to convey information — directly or indirectly — regarding a debt to a consumer.

When they decided to marry 21 years ago, she immediately took over the finances. As a self-employed accountant, she had financed her business almost entirely on credit cards. Her strategy was to scrutinize bank statements and pay on time to avoid interest charges. Deakon called the bank and told the representative that the charges were not his and were fraudulent. Shortly after, he also filed a police report.

That fall, he reached out to the credit bureaus to address the fraudulent charges. But by January 2021, when he tried to take advantage of record-low interest rates, it was already too late. He was denied the low-interest loan because of the impact of the charge-off to his credit report. “We knew that we were not guilty of what was going on,” Deakon said. “It is irritating as all get-out to have my integrity challenged, due to the fact that I built an entire career on my integrity and was often assigned duties because of my integrity and my attention to detail, and to have somebody accuse me of something totally groundless and for them to show up and give me a summons or serve me? I’m going, you guys are really overstepping your boundary here.

The couple had hoped to refinance their home to invest some of the equity in it, but now those plans have been pushed back. They also had to re-evaluate whether to buy another car or do some home remodeling to try to sell the home and downsize into a more affordable one.“It never happened,” her husband said. “Bottom line.”Mary and Deakon met with the Chronicle earlier this year on two separate occasions to share their experience as victims of identity theft.

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