Leukemia Survivor Takes on Bank of America, Citibank, Chase, and CRAs with Landmark Lawsuit in ID Theft Case

SAN FRANCISCO, Oct. 25 /PRNewswire/ -- Five years ago, Eric Drew was on his death bed with leukemia when his identity was stolen by a worker at the hospital where he was being treated. Drew survived cancer, but has taken on another battle; he has filed suit against some of America's largest banks and credit reporting agencies in a case of identity theft.

The defendants in the lawsuit include Citibank, Bank of America, Chase, Transunion, Equifax, and Experian. His federal suit was filed in San Francisco, December, 2006 and is now moving forward after the defendants' unsuccessful motions to dismiss.

In Drew's case, the defendants issued credit in his name to a fraudulent address in the state of Washington, where he was hospitalized and undergoing treatment, but wasn't a resident. Drew alleges that the banks did not verify the address or applications, and that when he called to complain, the defendants told him he must prove himself innocent.

"I was fighting for my life, barely able to function and now I had to fight to clear my credit," said Drew. "But I was determined and wasn't going to let cancer or a thief get the best of me."

After weeks of sleuthing, Drew secured a credit card statement showing fraudulent charges. He contacted a retailer frequented by the thief and they provided a surveillance video of a man using the credit card in question. While Drew couldn't identify the man, he saw the perpetrator was wearing hospital scrubs.

"It all made sense to me. Someone from the hospital, thinking I was going to die, stole my identity," said Drew. Now Drew was fighting his illness, fighting for his credit, and fearful that someone at the hospital could kill him to cover it up.

Eventually, with the help of local news media, the identity of the thief was revealed; a lab technician who had access to Drew's medical information while conducting blood tests. This lead to an unprecedented arrest and the first federal conviction under the Health Information Portability and Accountability Act (HIPAA). But even this did not clear Drew's name. It took him two years to clear his credit report of the fraudulent address and past due account information.

While Drew's case is extreme, it's not unusual. The identity theft epidemic victimized 15 million Americans in 2006, up 50% from 2005. Severely ill patients in hospitals are often targeted.

"I'm hoping my lawsuit will force the banks and credit reporting companies to answer for their indiscretions," said Drew. "Identity verification should be mandatory on the onset of issuing credit. To not do so is irresponsible and intolerable, and I, for one, am not going to sit still for it."

In addition to being a crusader against identity theft, Drew dedicates his life to providing advocacy and education to seriously ill patients and their families. Learn more at http://www.drewfoundation.org