Product: Debt collection

Dear XXXX  XXXX XXXX XXXX, I am writing in response to your letter dated XX/XX/year>, which I find to be wholly unacceptable and a continued disregard for my legal rights under the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). 

Failure to Provide the Purchase Agreement As I stated clearly in my previous complaint, under Section 809 of the FDCPA ( 15 U.S.C. 1692g ), I have the absolute legal right to request validation of the alleged debt, which includes obtaining a copy of the purchase agreement between XXXX XXXX XXXX XXXX and Tally Technologies Inc. This document is critical in establishing the legitimacy of your claim to this debt. 

Your response stating that the purchase agreement is a " confidential business record '' and that you are " not permitted or obligated to share that '' with me is a blatant violation of the FDCPA. The law is clear - you must provide me with this documentation upon request, as it is necessary for me to verify the validity of the debt you are attempting to collect. 

Importantly, Section 809 ( b ) of the FDCPA ( 15 U.S.C. 1692g ( b ) ) states that if the consumer disputes the debt in writing, the debt collector must " cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. '' This statute does not provide any exceptions or exemptions for the debt collector to withhold the requested documentation, even if it may be considered " confidential. '' The fact that you may consider the purchase agreement to be a " confidential business record '' does not exempt you from the FDCPA 's requirement to provide it. Even if a document contains sensitive or proprietary information, the debt collector 's obligation to validate the debt takes precedence. The purchase agreement can be subpoenaed in court if necessary, and your attempt to withhold it is a clear violation of the law. 

Your refusal to provide the purchase agreement also undermines your ability to demonstrate compliance with the Uniform Commercial Code ( UCC ), which governs commercial transactions and requires a secured party to have a valid security interest in the collateral. By withholding this crucial document, you are failing to uphold your legal obligations under the UCC. 

Unauthorized Reporting to Credit Bureaus In my previous complaint, I explicitly stated that I do not authorize you to report any information related to this alleged debt to the credit bureaus. Under the FCRA, 15 U.S.C. 1681s-2, you are prohibited from reporting inaccurate information and must have a reasonable basis for any reporting. 

Your response does not address this issue or confirm that you have ceased all credit reporting activities as I demanded. Your continued reporting, despite my clear objection, is a blatant violation of the FCRA. I once again demand that you immediately cease all reporting to credit bureaus regarding this account. Failure to do so will result in the filing of a lawsuit against your company for willful violations of the FCRA, seeking statutory damages, actual damages, and attorney 's fees. 

Failure to Include the Mini-Miranda As I noted in my previous complaint, your previous communications failed to include the required " This is an attempt to collect a debt and any information obtained will be used for that purpose '' statement, which is a violation of the FDCPA. Your response does not indicate whether you have corrected this issue in your communications, as you are required to do by law. 

Demand for Arbitration In my original complaint, I invoked the arbitration agreement and demanded that you initiate the arbitration process. Your response does not address this request, which is another failure to comply with my legal rights. 

Conclusion I am giving you 15 days from the date of this letter to : 1. Provide a copy of the purchase agreement between XXXX XXXX XXXX XXXX and Tally Technologies Inc., as required by the FDCPA and the UCC, regardless of any claims of confidentiality. 
2. Furnish a detailed explanation of how you have complied with the FDCPA and FCRA, including the inclusion of the mini-Miranda in all communications.

3. Confirm in writing that you have ceased all reporting to credit bureaus regarding this account, as required by the FCRA. 
4. Initiate the arbitration process, as per the arbitration agreement I have invoked. Failure to compl
y with these demands within the specified timeframe will leave me no choice but to seek immediate legal recourse, including the filing of a lawsuit against your company. I will pursue all available remedies, including statutory damages, actual damages, and attorney 's fees, to the fullest extent of the law. This is a FINAL attempt for you to answer completely by law before I proceed with legal action. 

I expect a prompt and comprehensive response to this letter. Time is of the essence, and I will not tolerate any further delays or excuses.