This is an addition to Webhopper's outstanding summary of the ID theft process, adding a potential sixth step that can be used when a debt collector is also attempting to collect on a debt related to identity theft. It is apart from the normal DV process, yet compels them to provide debt verification, and thus invokes the standard cease collection bar under FDCPA 809(b). It also blocks them from sale or referral to another debt collector.
Sixth Step: Obtaining information from debt collectors conducting collection on a fraudulent account
In order to compel a debt collector attempting to collect on the fraudulent accounts to send you all information related to the fraudulent accounts that you “would otherwise be entitled if the consumer were not a victim of identity theft, but wished to dispute the debt under provisions of law applicable to that person”, which includes debt verification under FDCPA 809(b), you should make request that request in writing using the following letter.
Appendix C.8.a.: Consumer § 615(g) Request to Provide Information Related to Identity Theft
RE: Request for Information Pursuant to Section 615(g) of the Fair Credit Reporting Act
Dear Sir or Madam:
I am a victim of identity theft. XXXX acquired a credit card with account with ( ), for which you are attempting to collect on an alleged debt.
In accordance with section 615(g) of the Fair Credit Reporting Act, I am requesting that you provide me all information related to the fraudulent accounts that I would otherwise be entitled if I were not a victim of identity theft, but wished to dispute the debt under provisions of law .
Enclosed with this request is the following documentation, as applicable:
a. A copy of the police report number filed with the local law enforcement
b. A completed and signed FTC Identity Theft Affidavit
c. A copy of the Postal Service Fraud Form which was filed.
Please send verification of the debt to the above address.
In addition, please be advised that this notification of identity theft additionally precludes you from selling, transferring, or placing the debt for collection with any other party, pursuant to the provisions of FCRA 615(f).
If you have any questions concerning this request, please contact me at the above address.
Thank you for the excellent Step 6.
I will upload this into the guide, and reference you as the source if you dont mind??
Please confirm that this is ok! Thanks
Also thanks for helping me out with references to the applicable standards when I was getting all the stuff ready for DH
Thanks, but no source reference required. The statue is the real source......
It's all yours!