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  1. #1
    Join Date
    Apr 2012
    Posts
    7

    Default Can You Avoid Paying a Debt Incurred in Your Name Without Filing Fraud Charges

    My question involves collection proceedings in the State of: CA

    I own a small business and hired a personal friend as an independent contractor for marketing calls. He legally falls into the independent contractor classification. When he started working, he rented his own office and then signed up for Comcast internet service. When filling out the Comcast service contact; he listed our business as the business he works for. He is telling me that they required him to use a business name because it was a commercial office suit and they would not set him up for personal internet service, only their business class internet.

    We no longer use his services, and he defaulted on the payments to Comcast. Now Comcast is calling me and saying we are responsible for the balance owed ($1,200.00). I explained the situation to the Comcast Rep. and they said the only way to remove our company from the account is to contact the police, file criminal fraud charges, and then submit a report back to Comcast.

    I don’t really want to file fraud charges, because I know the guy personally, and I don’t think he committed fraud, he only put the wrong info down by mistake. I talked to him this morning and he says he contacted Comcast, told them he is willing to pay the balance and take responsibility for the account, but they refuse to remove my business without first filing fraud charges.

    I only became aware of this situation earlier this week when I received the first call from Comcast, and then two days later I am already receiving calls from collection agencies.

    So my questions:

    1. Is there a way to have Comcast remove my company from the account without filing fraud charges?

    2. The account was closed and sent to collections before I ever received notice. Is Comcast required to contact me about an account in my business name that is delinquent before sending to collections? If so, how long do they have to give me to make good after first contact?

    3. If I file fraud charges, given the circumstances, what are the consequences for my friend legally?

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

    Default Re: Forced to File Fraud Charge Against Independent Contractor Because of Small Mista

    You have a problem if the guy has ever been able to sign in the name of yoir company. What it comes down to is whether he could be seen as a legal representative of your company. If so, I think you're stuck. If not, although he has not committed fraud, you can argue he did not represent your company and did not have the authority to encumber your company.

    Given his position in marketing for your company I suspect it will be seen as he could in fact encumber your company.

    If if you file fraud charges, where you do not believe there was any fraud but present it as there was, you could be the one seeing criminal charges for filing a false report. If what he did is in fact ruled to be fraud he could be criminally prosecuted.

    What I don't understand is if the guy is willing to pay all debts due, what's the problem?

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Forced to File Fraud Charge Against Independent Contractor Because of Small Mista

    I think that your friend has fibbed to you. Comcast cannot require a business name for a business customer like that. There are many business customers of Comcast who are sole proprietors with professional offices and operate in their own names. Comcast does not refuse them service.

    I think however that Comcast is behaving quite badly as well.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Forced to File Fraud Charge Against Independent Contractor Because of Small Mista

    Quote Quoting llworking
    View Post
    I think that your friend has fibbed to you. Comcast cannot require a business name for a business customer like that. There are many business customers of Comcast who are sole proprietors with professional offices and operate in their own names. Comcast does not refuse them service.

    I think however that Comcast is behaving quite badly as well.
    it may be that the guy didn't really understand he was his own business being an IC. While you may be correct, I'm not sure I would jump there yet.

    As to Comcast's actions;

    DUH!!!!

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