Consumer complaint received 2024-06-03
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: FIRST PORTFOLIO SERVICING INC (GA)

XXXX XXXX SSN : XXXX Subject : Notice of Identity Theft and Request for Debt Validation and Cease Communication I am writing in response to your recent letter regarding the fraudulent account opened in my name. I appreciate your attention to this matter, but I must address several points in your response that indicate a misunderstanding of the situation and the documents I have previously provided. 
1. Identification Information : You stated that the identification information provided at the time of the account opening belongs to me. As outlined in the police report and the letter from my commanding officer that I attached, my identity, including my ID, passport, wallet, and other personal information, was stolen. Had these documents been thoroughly reviewed, it would be clear that it is impossible for me to have opened the account. 
2. Address on Application : You mentioned that the address listed on the application is mine. While this is correct, I was not residing at that address during the time the account was opened. I was stationed at XXXX XXXX XXXX in XXXX, as evidenced by the XXXX XXXX  included in my documentation. Therefore, it is evident that someone else used my stolen information and address to execute this fraudulent act. 
XXXX. Mailed Credit Card : You claimed that the credit card was mailed to my address. Given that I was XXXX and not at the address, the individual who stole my information likely intercepted the mailing. This would have been easy for them to do, given my absence and the significant time zone difference, which limited my ability to monitor such activities. 
XXXX. Email Address : You stated that the application matched an email address, presumably XXXX. I have not had access to this email since XXXX. My current email address is XXXX, as I have already communicated. 
5. Payment Matching My Account : You noted that a payment was received from an account ending in my name. If my identity has been stolen, it is entirely plausible that multiple fraudulent accounts and payments could be made using my information without my consent or knowledge. 
Under the Fair Credit Reporting Act ( FCRA ) and Georgia state laws, I have the right to dispute and request validation of any debt that is claimed to be mine but is the result of identity theft. I also have the right to request cessation of any communication regarding the disputed debt and its removal from my credit reports. 
1. Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681c-2 ) : This federal law provides protection for victims of identity theft, including the right to request a block on any fraudulent information resulting from identity theft from their credit reports. Credit reporting agencies must comply with this request upon receiving appropriate documentation. 
2. Georgia Code Title 10, Chapter 1, Article 19 ( 10-1-911 et seq. ) : Georgia state law provides specific remedies for identity theft victims, including the right to file a police report and dispute fraudulent accounts. Under this law, once identity theft is reported, debt collectors must cease collection efforts on the fraudulent debt. 
XXXX. Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 ) : This act prohibits debt collectors from using unfair, deceptive, or abusive practices to collect debts. Under the FDCPA, I am requesting that you cease all communication with me regarding this fraudulent account and remove it from any credit reporting agencies ( CRAs ). 
Request for Action Given the evidence provided and my rights under the FCRA, FDCPA, and Georgia state law, I am requesting the following actions from [ Company Name ] : 1. Cease Communication : Immediately cease all forms of communication with me regarding the disputed account referenced above. 
2. Validation and Removal : Investigate the identity theft claim and remove any record of this account from my credit report with all CRAs. 
3. Confirmation : Provide written confirmation that this account has been removed and that you will cease all collection activities related to this account. 
I expect your prompt cooperation in resolving this matter. Please address all correspondence to my address provided above. Failure to comply with these requests will leave me no choice but to pursue further legal action to protect my rights. 
Thank you for your immediate attention to this urgent matter. 
Sincerely,