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  1. #1
    Join Date
    Feb 2009
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    Exclamation Payday Loan Check Fraud and Identity Theft

    My question involves collection proceedings in the State of: CA and OH

    I need to know what actions I can take. My old roommate has been going around to several payday loans places, taking out loans, then closing the bank accounts so they can't get their money. She is using her real name but giving them a fake address and my phone number. Therefore, I'm receiving the phone calls for all of this. She started doing this in CA but has moved to OH and doing it again there. This has been going on for several years.
    1) Is this check fraud? 2)Is this criminal? 3) Is this some sort of identity theft?
    Help! Is there anything I can do??

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Payday Loan Check Fraud and Identity Theft

    it is likely criminal. In fact, I cannot think of why it wouldn't be.

    it may be fraud of some sort as well as a few other crimes I can think of.

    if she uses her name, it is not identity theft


    what actions can you take? Why do you need to take any actions? If they call you, tell them the person does not live there. If you know where she is and want to see her get caught, tell the caller where she is.

  3. #3
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    Feb 2009
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    CA
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    Default Re: Payday Loan Check Fraud and Identity Theft

    I recently read that it is not criminal nor fraud to run this kind of scam against payday loan places. Basically because these payday loan places are looked down upon. Her actions definitely seem criminal to me and I would LOVE to help them catch her! Too bad I don't know where she is.

  4. #4
    Join Date
    Jan 2006
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    38,867

    Default Re: Payday Loan Check Fraud and Identity Theft

    Quote Quoting lildee
    View Post
    I recently read that it is not criminal nor fraud to run this kind of scam against payday loan places. Basically because these payday loan places are looked down upon.
    since when does some entity being "looked down upon" make a difference whether somebody stealing money from them is legal or not?

    but yes, it is generally illegal.

  5. #5
    Join Date
    Feb 2009
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    CA
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    Default Re: Payday Loan Check Fraud and Identity Theft

    I say that based on reading several posts like this:
    "This is a typical scam. Usually they are just debts and don't involve checks and payday loans. I do believe if you do some checking you will find there is no criminal recourse for third party checks or post-dated checks. Law enforcement generally thinks payday loans are a scam and usually will not do anything much to help them. The federal government is certainly not going to get involved simply because there is no federal jurisdiction in such a case nor would any federal agency want to be bothered. It is also illegal in most or all states to use a threat of criminal charges to collect a civil debt."
    Or this
    "Defaulting on a payday loan is NOT check fraud. Defaulting on a payday loan does NOT result in criminal charges. You've been had by illegal debt collection practices! Yes, it's illegal to claim that you're going to be brought up on criminal charges if you don't pay on your loan."
    So I fear she is going to completely get away with this.

  6. #6
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    Sep 2005
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    Default Re: Payday Loan Check Fraud and Identity Theft

    In other words, you're posting based on reading threads that you don't fully understand. That's a dangerous thing to do.

  7. #7
    Join Date
    Feb 2009
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    CA
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    Default Re: Payday Loan Check Fraud and Identity Theft

    I'm asking questions for clarification. What's dangerous about that? Is the purpose of this forum not to have questions answered & get advise? My question was is it a crime & what can be done because I don't want her to get away with this.

  8. #8
    Join Date
    Oct 2013
    Location
    WV
    Posts
    230

    Default Re: Payday Loan Check Fraud and Identity Theft

    Technically it is Identity Fraud in using your phone number. I highly doubt law enforcement is going to charge her with this unless you are prepared to travel back and forth from California to testify. The bigger issue they have is the fraudulent scheme she has running with the Payday Loan services.

  9. #9
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    Sep 2005
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    Default Re: Payday Loan Check Fraud and Identity Theft

    Quote Quoting lildee
    View Post
    I'm asking questions for clarification. What's dangerous about that? Is the purpose of this forum not to have questions answered & get advise? My question was is it a crime & what can be done because I don't want her to get away with this.
    You received an answer, and then you mistakenly claimed that people can commit fraud against payday loan companies with impunity based upon your misunderstanding of other threads.
    Quote Quoting Mephis
    View Post
    Technically it is Identity Fraud in using your phone number.
    Ohio's identity fraud statute is very broad, ORC Sec. 2913.49, but I think it would be a stretch to suggest that the applicant's use of the former roommate's phone number would be easily prosecuted as identity fraud. I expect that the ex-roommate would start her explanation with... "But she knew I didn't have my own phone number and she gave me permission to use hers," never mind that permission may have been three years ago in another state and not intended as open-ended.... Still, were the police to question her about it, I expect that it would be the last time she used the number.

    In terms of the lenders, whether or not they see fit to pursue fraud charges is up to them. If you want to help them build a case or stop equivocating, letting them know about the history and identifying to them the other affected lenders that have contacted you may inspire them to make a police report.

  10. #10
    Join Date
    May 2014
    Posts
    1

    Default Re: Payday Loan Check Fraud and Identity Theft

    In my opinion payday loans checks are not fraud because of these loans are most secure & an excellent option for those with bad credit and in need of cash.So, dont scare about payday loans, these loans are good resource for people who are in financial problems.

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