T-Mobile Rebuffs Plaintiff’s Demands for Relief Due to Identity Theft

T-Mobile denies that plaintiff Jose Alarcon is entitled to relief or damages in his complaint alleging violations of the Fair Debt Collection Practices Act, said the carrier in its answer Thursday (docket 2:22-cv-07831) in U.S. District Court for Central California in Los Angeles. Alarcon’s Oct. 27 complaint alleges that, despite knowing he was the victim of identity theft and that he did not authorize or consent to the opening of the T-Mobile account on which nearly $4,300 was past due, T-Mobile “continued collection efforts and refused to properly, reasonably, and in good faith investigate” Alarcon’s dispute. Any violation of the statute, if it occurred at all, “was the result of bona fide error,” answered T-Mobile. Any damages he incurred “were pre-existing damages” not caused by T-Mobile, it said.