Complaint Review: AXSYS NATIONAL BANK FINGERHUT; LAW OFFICES OF MITCHELL N KAY

Dear Sir or Madame,

I have experienced similar treatment by FingerHut, its attorneys, and its collection agencies. I believe I have a valid suggestion for dealing with these unethical people.

First off, please allow me to give you a brief summary of my experience.

In November 2001, I received a letter from an attorney's office that was representing FingerHut. I believe it was the offices of Mitchell N. Kay, but as I no longer have the letter, I can't be 100% sure.

In any event, the letter was address to someone with the same first and last name, but a different initial. I didn't notice this, however, until I opened the letter. It was a demand letter stating that I owed FingerHut several hundred dollars for a particular piece of electronics. It was obviously a mistake, because I didn't own such a piece of electronics, nor did I ever have an account with FingerHut.

Nevertheless, I phoned the attorney's office and explained the situation. I was instructed to write a letter (on the back of the original correspondence to me) stating that the account was not mine. I did just that and mailed it the same day.

A few days later, still irritated by the whole situation, I called FingerHut and got the name and number of their bank/collection division - Axsys National Bank.

I phoned Axsys National Bank and spoke to a young lady there and explained my situation. Reluctantly, I provided my Social Security Number and she was able to locate the account in question with my SSN. I was worried, to say the least. I assumed it was identity theft.

While Axsys National Bank could not verify whether the account had been opened with my SSN, they did verify that the middle initial was different. Also, the person with the same name lived at an address similar to my previous address. (i.e. I lived at 123 Oak Street and the other person lived at 123 Oak Boulevard...both in the same city, state, and even zip code.)

What we both surmised is that some skip-trace person pulled a credit report for my first and last name, found me, saw the similar address, and just decided to stick me with the bill. The Axsys representative said she would send me an affidavit to sign which would certify that I never opened the account and that I was not responsible in any way for the charges.

The letter never came.

Now, just over one year later, as a matter of routine, I requested a copy of my consumer credit report from Experian, Equifax, and Trans Union. When I received my Trans Union report, guess what I found? An account in collection by our friends at FingerHut. Go figure.

Upon reviewing my Trans Union report, I immediately phoned Trans Union and opened a dispute. I was given the contact information on the company that reported this erroneous information.

The reporting company was:

RJM Acquisitions
575 Underhill Blvd. Ste. 224
Syosset, NY 11791-3416
516-714-1300

I have written a letter to RJM Acquisitions, demanding they remove my name from this account, transmit corrected information to Trans Union, and cease harassing me. I pointed out they are clearly in violation of the Fair Credit Reporting Act (FCRA) - specifically Sections 1681s-2 and 1692f.

Lastly, I contacted the Federal Trade Commission (877-438-4338) and filed a complaint against RJM Acquisitions for their actions. The person at the FTC that opened the complaint stated that if a pattern of improper activity was noted for a particular company, that could be grounds for a Class Action Lawsuit by the FTC.

In closing, I strongly urge people to get a copy of their consumer credit reports at least once a year. In a lot of cases, you can obtain a report from free.

Contact each bureau for further information:

Equifax
http://www.equifax.com
Report fraud: 1-800-525-6285
Order a credit report: (800) 685-1111
P.O. Box 740256
Atlanta, GA 30374-0241

Experian
http://www.experian.com
Report fraud: 1-888-397-3742
Order a credit report:
(888) EXPERIAN (397-3742)
P.O. Box 1017
Allen, TX 75013-0949

Trans Union
http://www.tuc.com
Report fraud: 1-800-680-7289
Order a credit report: (800) 916-8800
Fraud Victim Assistance Department
P.O. Box 6790
Fullerton, CA 92834

If you think you have been a victim of identity theft, here are some helpful resources:

Federal Trade Commission
Consumer Protection
http://www.ftc.gov/ftc/consumer.htm
877-438-4338

Social Security Administration
Office of the Inspector General
http://www.ssa.gov/oig/
800-772-1213

FirstGov for Consumers
http://www.consumer.gov

Do NOT be bullied! Know your rights and defend them!

Best regards,