Consumer complaint received 2024-12-15
Product: Debt collection — Telecommunications debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Amsher Collection Services, Inc. (GA)

Violation of 15USC1681 Sec Act of 1933 EFT ACT Indenture trustee act Subject : **Dispute of Debt and Allegation of Identity Theft** Account Number : [ Your Account Number ] Reference Number : [ Any Reference Number ] Dear Amsher Collections, I am writing to dispute the debt you are attempting to collect and to formally notify you of an identity theft issue related to the above-referenced account. It has come to my attention that this debt is the result of fraud, and my personal information was obtained and used without my consent or authorization from XXXX. Not only does amsherr collections have my information but another third party without authorization also has my information illegally obtained and without my consent. See attached photo **Allegation of Identity Theft : ** Based on my records and investigation, I did not authorize the creation or use of this account. This is an act of identity theft, and I firmly believe that XXXX, or an unauthorized party, may have illegally disclosed my personal information to create this fraudulent account. As a result, I am contesting the legitimacy of this debt and its inclusion in my credit file. 

As provided under the **Fair Credit Reporting Act ( FCRA ) **, 15 U.S.C. 1681, I am entitled to request that any fraudulent or disputed information be investigated and corrected in a timely manner. Furthermore, under **FCRA Section 605B** ( 15 U.S.C. 1681c-2 ), I am entitled to a block on my credit file of any information resulting from identity theft once I have reported it. 

Additionally, under the **Fair Debt Collection Practices Act ( FDCPA ) **, 15 U.S.C. 1692g ( b ), I have the right to dispute any debt, and as such, I am requesting that you cease any collection activity on this alleged debt until the issue of identity theft is fully investigated and resolved.

**Request for Action : ** 1. Please cease all attempts to collect on this debt until you provide valid documentation proving the legitimacy of this account.

2. I request that you provide all documentation and evidence showing how my personal information was obtained, and how this debt was allegedly incurred.

3. Please conduct a thorough investigation into this matter, in accordance with FCRA guidelines, and provide the results of your findings.

4. I also request that you notify the credit bureaus to remove this fraudulent information from my credit report if your investigation confirms that it was indeed the result of identity theft. 

XXXXCase Law and Legal Precedents : ** 1. **Bergen v. Credit Management , LP**, XXXX XXXX XXXX. XXXX XXXX ( E.D.N.Y. XXXX ) The court held that creditors and debt collectors have an obligation to cease collection efforts once fraud is reported. 
XXXX. XXXXJohnson v. Randstad North America*XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) Courts have found that debt collectors must comply with the FDCPA 's requirements to cease collection efforts upon notice of a valid dispute. 
XXXX. **Kramer v. Credit Control Services , Inc.XXXX XXXX XXXX XXXX XXXX ( S.D.N.Y. XXXX ) In this case, the court emphasized the obligation to investigate allegations of identity theft and address disputes in compliance with the FCRA. 

By law, you are required to conduct an investigation and respond to my dispute within 30 days, as per **FCRA 1681s-2 ( b ) ** and **FDCPA 1692g ( b ) **. Please take the necessary steps to resolve this matter promptly.

If you fail to resolve this dispute and continue collection activities on this fraudulent debt, I will be forced to take further legal action, which may include filing complaints with the Federal Trade Commission ( FTC ), the Consumer Financial Protection Bureau ( CFPB ), and the state attorney general 's office. Additionally, I may pursue a lawsuit for violations of the FCRA and FDCPA.

I expect a written response to this letter within the next 30 days *Enclosures : - Copy of identity theft report ( if applicable ) - Copy of any relevant supporting documents or identification*