Consumer complaint received 2024-12-22 00:00:00
Product: Debt collection — Payday loan debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: Law Office of Michael J. Scott, PC
State: CA

Complaint narrative:
XXXX XXXX XXXX XXXX, I am writing to dispute the letter I received today regarding the coerced debt under my name due to financial fraud and identity theft. I have already disputed this debt multiple times with XXXX XXXX XXXX and the original creditor, XXXX XXXX. Both parties are fully aware of my situation. 
Please see the attached documentation from several U.S. law enforcement agencies that support my claim. 
Thank you for your prompt attention to this matter. 
Sincerely, XXXX XXXX NOTE : As for your awareness, this report will be included in the FTC database, I am requesting an immediate investigation and audit of this bank for violating U.S. Consumer Financial Protection laws. if you have time to address this issue before an audit is conducted, please keep in mind the following consequences under the Fair Credit Reporting Act ( FCRA ) for not honoring an electronic identity theft report filed with the FTC by a victim of financial fraud : Civil Penalties : The Federal Trade Commission ( FTC ) can indeed fine companies that do not comply with consumer financial protection laws in the U.S. The FTC has the authority to impose civil penalties for violations of laws such as the FTC Act, which prohibits unfair or deceptive business practices. The FTC can impose significant fines on violators, with each violation resulting in fines up to {$51000.00}. Additionally, each day a violation continues can be considered a separate offense, potentially increasing the total fines significantly. Additionally, the Consumer Financial Protection Bureau ( CFPB ) also oversees CRAs and can take similar enforcement actions. Damages : Victims can sue for actual damages, statutory damages, and punitive damages, including compensation for financial losses, statutory damages for willful non-compliance, and punitive damages to punish the violator. Corrective Actions : Credit reporting agencies are required to correct or delete inaccurate, incomplete, or unverifiable information. Failure to do so is a violation of the FCRA. Legal Orders : Courts can issue orders to prevent further violations, ensuring compliance with the law. These measures are designed to protect consumers and ensure the accuracy and fairness of credit reporting. Furthermore, since I am a California resident, it is important to note that in California, if a creditor sells the debt of a victim of identity theft to a debt collector, it would be a violation of the Rosenthal Fair Debt Collection Practices Act under California Civil Code Section 1788.18. This section specifically protects consumers who are victims of identity theft from debt collection actions on debts not rightfully theirs. Essentially, it is considered an unfair debt collection practice to sell a debt stemming from identity theft. The CFPB has already provided you with my updated Identity Theft Report filed with the FTC, along with supporting documents submitted to the local police and an FBI letter to creditors. I have done my part already! I authorize the CFPB to publish this for transparency.

Company response to consumer: Closed with explanation