Identity Theft Litigation
Fair Credit Reporting Act Claims
Real Legal Action
A letter arrives from a loan servicer you’ve never dealt with, referencing a school you’ve never attended. At first it seems like a simple mistake, until you learn the truth.
Someone used your name, date of birth, and Social Security number to enroll as a “ghost student,” took out federal or private loans in your identity, collected the money, and disappeared before a single class ever met. The debt, however, stayed behind and is attached to your name, your credit report, and potentially your tax refund.
This is student loan identity theft, and it’s become one of the fastest-growing forms of fraud in the country, fueled by open-enrollment schools and online programs with thin identity verification. Victims are often the last to know.
The first sign is usually a servicer’s bill, a surprise credit score drop, or a notice from the Department of Education demanding repayment for an education never received.
At Sharmin & Sharmin, P.A., our Texas identity theft attorneys represent Texas victims of student loan identity theft. With over 20 years of experience in consumer protection and Fair Credit Reporting Act litigation, we know how to force loan servicers, schools, and credit bureaus to correct records they’d rather ignore.
Let us help you. We work on a contingency fee basis, so there’s no cost to you unless we recover. Call 1–844-SHARMIN or complete the short form on our contact page and schedule a free consultation.
Fraud rings have targeted community colleges and online programs across the country, and some operate right here in Texas.
Federal student loans are typically disbursed once enrollment is confirmed. The enrollment verification bar is low and can be manipulated by fraudsters, who collect a check in your name and then move on to the next victim.
Some victims are targeted individually. Others are targeted as part of larger schemes involving stolen Social Security numbers purchased in bulk. Either way, the loan doesn’t show up until a servicer sends a bill, a school claims you’re a former student, or your credit score drops without explanation.
Student loan identity theft often goes undetected until the fraudulent debt goes into default or shows up on a credit report. Warning signs to watch for include:
If any of these come up, it is worth investigating immediately before the consequences escalate.
Federal student loans taken out through identity theft may be eligible for a False Certification or Forgery Discharge through the U.S. Department of Education. If the discharge is approved, the fraudulent loan is canceled entirely and any payments already collected may be refunded.
Private student loans do not qualify for federal discharge. Instead, you must dispute the loan directly with the private lender and the credit bureaus; each lender has its own fraud investigation process. In either case, filing a police report and an FTC identity theft report early will strengthen your position.
Acting promptly is critical to limiting the financial damage. Key steps you should take in these circumstances include:
Next, contact our student loan fraud lawyers in Texas for a free consultation. We’ll be able to offer you some initial legal advice at that time.
Start by sending a written dispute to each credit bureau reporting the fraudulent loan. Include copies of your police report, FTC identity theft report, and any correspondence from the loan servicer confirming the fraud. Under the FCRA, the credit bureau must investigate your dispute within 30 days and remove any information it cannot verify.
For federal loans, submit a Forgery Discharge application to the Department of Education along with your supporting documentation. For private loans, contact the lender’s fraud department directly and provide the same evidence. Keep copies of everything you send and use certified mail so you have proof of delivery.
Student loan fraud victims may face:
Yes, and this is one of the most serious risks of leaving student loan identity theft unresolved. Federal student loans that go into default can trigger administrative wage garnishment, which does not require a court order. The Department of Education can also intercept your federal tax refund and apply it to the outstanding balance through the Treasury Offset Program.
Both of these actions can happen to the identity theft victim if the fraudulent loan remains on their record and goes into default. That is why disputing the loan as early as possible is strongly recommended.
One or more parties may be legally at fault if a fraudulent student loan continues to appear on your record after you have disputed it, such as:
If any of these parties ignored your dispute or continued reporting a loan you proved was fraudulent, an attorney who handles FCRA cases can evaluate whether you have grounds to take legal action and pursue compensation for the damage it caused.
The Department of Education has acknowledged real failures in its enrollment verification systems, but acknowledging the problem hasn’t made it fast or simple for individual victims to clear their names.
Loan servicers routinely delay disputes, schools often have little incentive to cooperate, and credit bureaus sometimes fail to properly investigate claims even after fraud has been documented.
When a servicer or credit bureau ignores its legal obligation to investigate a legitimate dispute, that failure can form the basis of a lawsuit under the Fair Credit Reporting Act. At Sharmin & Sharmin, P.A., our attorneys know how to navigate federal student aid rules alongside the FCRA to get these debts erased and pursue damages from the parties who let this happen.
If someone used your identity to take out student loans and left you with the bill, you don’t have to spend months fighting servicers and schools on your own.
The Texas student loan fraud attorneys at Sharmin & Sharmin, P.A. will evaluate your case free of charge and walk you through your options under the FCRA. No office visit required. We respond within 24 hours.
Call us today at 1-844-SHARMIN or visit our contact page and schedule a free consultation.
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