Product: Debt collection

LEGAL BRIEF ON IDENTITY THEFT AND VIOLATIONS OF THE FAIR CREDIT REPORTING ACT TO : Harris and Harris LTD XXXX XXXX DATE:9/26/2024 SUBJECT : Demand for Removal of Fraudulent Collection Account Due to Identity Theft I. INTRODUCTION This legal brief serves as a formal demand for the immediate removal of the collection account associated with the alleged debt from XXXX XXXX, dated XX/XX/year>, with a balance of {$230.00} from all credit reporting agencies. The account has been opened in my name without my consent, constituting identity theft as defined under federal law. Failure to comply with this demand will result in litigation. -- - II. FACTUAL BACKGROUND 1. Identity Theft Incident. I have become aware of a collection account attributed to my name that I did not authorize or incur. This account, opened on XX/XX/year> with Harris and Harris LTD as the collection agency, is related to an original creditor, XXXX XXXX. XXXX. Investigation Upon discovering this account, I conducted an investigation and found no evidence of any transaction or agreement with XXXX XXXX. Consequently, I assert that this account is a result of identity theft. XXXX- - III. LEGAL FRAMEWORK 1. Fair Credit Reporting Act ( FCRA ) : The FCRA ( 15 U.S.C. 1681 et seq. ) mandates that consumer reporting agencies must follow reasonable procedures to ensure maximum possible accuracy of the information in consumer reports. The act also provides consumers the right to dispute inaccurate information. 2. Identity Theft Protections ; Under the FCRA, victims of identity theft have specific rights, including : - The right to dispute fraudulent information. - The right to request the removal of inaccurate information from credit reports. - The right to place a fraud alert on their credit file. XXXX. Consequences of Non-Compliance ; Failure to address and rectify this fraudulent account may result in legal action against Harris and Harris LTD for violations of the FCRA and other applicable laws. -- - IV. DEMAND FOR ACTION I hereby demand the following actions to be taken within 30 days of receipt of this brief : 1. Immediate Removal : Remove the collection account from all credit reporting agencies ( XXXX, XXXX, and XXXX ) associated with my name and personal information. 2. Written Confirmation : Provide written confirmation of the removal of this account from all credit reporting agencies. XXXX. Investigation Documentation Provide documentation of your investigation into the legitimacy of this account and the steps taken to verify its accuracy. -- - V. NOTICE OF INTENT TO LITIGATE Please be advised that if Harris and Harris LTD fails to comply with the demands outlined in this brief, I will not hesitate to pursue legal action. This may include, but is not limited to, filing a complaint with the Federal Trade Commission ( FTC ), the Consumer Financial Protection Bureau ( CFPB ), and pursuing damages in a court of law for violations of the Fair Credit Reporting Act and any other applicable state or federal laws. XXXX XXXX VI. CONCLUSION This matter is of utmost importance, and I expect prompt attention to this serious issue of identity theft. I trust that Harris and Harris LTD will act in accordance with federal law and rectify this situation without the need for litigation. Thank you for your immediate attention to this matter. Sincerely, XXXX XXXX XXXX