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Debt Collectors & Debt Buyers Identity Theft & Fraud

Identity Theft Notice & FCRA § 623(a)(6) Direct Dispute to Debt Collector

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When to use it

Send to a collector collecting an account created fraudulently as a result of identity theft.

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Bracketed fields are filled in from your account when you generate it.

[CLIENT FULL NAME] [CLIENT ADDRESS LINE1] [CLIENT CITY], [CLIENT STATE] [CLIENT ZIP] Phone: [CLIENT PHONE] Email: [CLIENT EMAIL] Date: [TODAY] [RECIPIENT NAME] [RECIPIENT ADDRESS BLOCK] RE: FORMAL IDENTITY THEFT NOTICE AND DIRECT DISPUTE PURSUANT TO 15 U.S.C. § 1681s-2(a)(6) AND 15 U.S.C. § 1692g Account Number: [ACCOUNT ACCOUNT NUMBER MASKED] Original Creditor: [ACCOUNT ORIGINAL CREDITOR] Collector Reference #: [ACCOUNT COLLECTOR REFERENCE] Dear [RECIPIENT NAME], I am writing to notify you that the above-referenced account is the direct result of IDENTITY THEFT AND FRAUD. I did not open this account, did not authorize anyone else to open it, did not receive any goods or services associated with it, and received zero benefit from this transaction. Enclosed with this notice please find: 1. Copy of my official FTC Identity Theft Affidavit / Law Enforcement Police Report documenting the fraudulent creation of this account. 2. Proof of my true identity (copy of government-issued photo ID and proof of address). Under FCRA Section 623(a)(6) (15 U.S.C. § 1681s-2(a)(6)), a person who furnishes information to a consumer reporting agency and is notified by a consumer that information resulted from identity theft MUST respond by conducting an immediate investigation, blocking the reporting of the fraudulent information, and refraining from furnishing fraudulent data to any CRA. Furthermore, under 15 U.S.C. § 1692g and 12 CFR § 1006.38, continuing collection efforts on a fraudulent identity theft account constitutes an unlawful, deceptive, and abusive collection practice under 15 U.S.C. §§ 1692e and 1692f. I demand that you immediately: 1. Cease all collection efforts against me on this fraudulent account; 2. Permanently delete any trade line associated with this account from all credit reporting agencies (Equifax, Experian, TransUnion); and 3. Provide written confirmation within thirty (30) days that the account is closed as fraudulent and collection has terminated. Sincerely, [CLIENT FULL NAME] Sent via Certified Mail, Return Receipt Requested: [LETTER CERTIFIED NUMBER]

Legal basis

15 U.S.C. § 1692g15 U.S.C. § 1681s-2(a)(6)12 CFR § 1006.3816 CFR § 603.3

Enclose

  • Copy of FTC Identity Theft Affidavit / Police Report
  • Copy of Government-Issued Photo ID
  • Proof of Residence

Before you send

  • Consumer has an Identity Theft Report, FTC Affidavit, or Police Report documenting identity theft.
Know this first
  • Do not admit owing the debt or promise to make any payment, as doing so may restart or reset the statute of limitations in some state jurisdictions.
  • Under FCRA § 623(a)(6) (15 U.S.C. § 1681s-2(a)(6)), upon receiving an identity theft report, a debt collector/furnisher is strictly barred from reporting or continuing to collect the fraudulent debt.

Follow up

Allow about 30 days for a response.