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Consumer Law Dispute Letter 1
KENDRICK MCBRIDE
7 blessings st
ANN ARBOR, MI 48103
DOB: 11/14/1986
SSN: 123-45-6789
CREDIT REPORTING AGENCY LEGAL DEPT P.O. Box 9701
ALLEN, TX 75013
Re: Dispute of Fraudulent Accounts on
Credit Report
Dear credit reporting agencies:
I am writing to formally dispute several inaccurate and fraudulent items on my credit report, which I have identified as the result of identity theft. As a victim of identity theft, I assert that these charges were not authorized by me and are being reported in clear violation of the Fair Credit Reporting Act (FCRA).
In light of the rulings in Cushman v. Trans Union Corp. and Richardson v. Equifax Information Services, it is clear that credit reporting agencies are obligated to ensure the accuracy of the information they report. Merely parroting data from creditors and collection agencies is unacceptable. Each of your agencies has a duty to conduct a thorough investigation and correct any inaccuracies promptly.
I demand the immediate removal of these fraudulent entries from my credit report. I did not authorize any CRA to use or advertise my personal data without my explicit permission. This unauthorized use of my data constitutes a serious breach of privacy and is tantamount to identity theft on your part.
Furthermore, I request that you provide me with written confirmation of the deletion of these items, as well as an updated copy of my credit report reflecting these changes.
I did not authorize these fraudulent accounts. Insert negative accounts.
I did not authorize these fraudulent hard inquiries. Insert negative accounts.
I did not authorize these fraudulent soft inquiries. Insert negative accounts.
I did not authorize these fraudulent COLLECTIONS. Insert negative accounts.
15 U.S.Code § 1681a(f)
1681a(f) - Consumer reporting agencies - Examples are Experian, Transunion, Equifax. However
there are over 300+ agencies who collect, house, and sell your information. Any person who produces a consumer report would be a CRA.
https://files.consumerfinance.gov/f/docum
ents/cfpb_consumer-reporting-companies- list.pdf
AFFIDAVIT
Notice, it is a fact, affiant is aware EXPERIAN is a consumer reporting agency pursuant to 15 U.S.Code § 1681a(f) due to their business practices of collecting monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
15 USC 1681a(f)
15U.S.Code§1681(a)(4) 15USC1681(a)(4) 1681(a)(4) - Consumer’s right to privacy
AFFIDAVIT
Notice, it is a fact, I, the affiant is a consumer has the right to privacy pursuant to 15 U.S.Code § 1681(a)(4). EXPERIAN has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent.
15 U.S.Code § 1681a(2)(A)(iii)
1681a(2)(A)(iii) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act
AFFIDAVIT
Notice, it is a fact, affiant is aware, a consumer must be given a chance to direct whether they want the information about a transaction to be reported or not. This is referenced in the Gramm-Leach Bliley Act. Affiant was not given the chance to opt-out of having this reported information about ALL NAMES, ACCOUNT NUMBERS, ADDRESS,AND TELEPHONE NUMBERS LISTED ABOVE not being reported and is a violation of 15 U.S. Code § 1681a(2)(A)(iii) and must be removed.
15 USC 1681a(2)(A)(iii)
15 U.S.Code § 1681c-2(a)
1681c-2(a) - Blocking consumer report
AFFIDAVIT
Notice, it is a fact, affiant is aware pursuant to 15 U.S. Code § 1681c-2(a), if I, the consumer, provides a consumer reporting agency, such as, EXPERIAN, with appropriate proof of the identity, a copy of an identity theft report, and a statement by I, the consumer stating the information in connection with
ALL NAMES, ACCOUNT NUMBERS, ADDRESS, AND TELEPHONE NUMBERS LISTED ABOVE is not relating to any transaction by myself, EXPERIAN is required to place a block on my consumer report on the information associated with ALL NAMES, ACCOUNT NUMBERS, ADDRESS, AND TELEPHONE NUMBERS LISTED ABOVE . This information would not be blocked in error, if you feel there is misrepresentation or there was any possession of goods, services, or money obtained please send me a statement signed under the penalty of perjury with evidence of this counterclaim.
15 U.S.Code § 1681a(q)(3)
1681a(q)(3) - Identity Theft definition, similar to REG V 12 CFR 1022.3
AFFIDAVIT Notice, it is a fact, affiant is aware the term identity theft as described in 15 U.S.Code § 1681a(q)(3) and Regulation V 12 CFR 1022.3 is a fraud committed or attempted using the identifying information of another person without authority.
15 USC 1681a(q)(3)
15 U.S.Code § 1692k(a)(2)(A)
1692k(a)(2)(A) - 1000 dollars for each proceeding. To get a 1000 dollars per violation, you will use 1000 dollars as actual damage under 15 U.S.Code § 1692k(a)(1)
AFFIDAVIT
Notice, it is a fact, 15 U.S.Code § 1692k(a)(2)(A) states an individual action is a violation worth 1000 dollars for proceeding, however understand 15 U.S.Code § 1692k(a) (1) these violations has caused actual damages to me,
•Withholding notices $1,000
•Privacy violations $1,000
•Requesting report for impermissible purposes $1,000 •Failure to follow proper debt disclosure procedures $1,000 •Furnishing and reporting inaccurate information $1,000
•Furnishing and reporting old information $1,000
As evidenced by the enclosed Federal Trade Commission Identity Theft Affidavit, I reported this identity theft to the proper authorities. Under 15 U.S.C. § 1681c-2(a), your agency is required to block the reporting of any information resulting from alleged identity theft within four business days of receiving this notice.
Violation of FCRA (15 U.S.C. § 1681c-2): Your claim that you cannot block fraudulent items due to insufficient evidence is a gross misinterpretation of the law. The FCRA mandates that you must block fraudulent information upon receipt of a valid identity theft report, which I have provided.
Failure to Conduct a Reasonable Investigation (15 U.S.C. § 1681i): Your refusal to adequately investigate my dispute is a clear violation of your obligations under the FCRA. Ignoring the substantial evidence I provided not only reflects negligence but also an unwillingness to comply with federal law.
Unlawful Demands for Additional Documentation (15 U.S.C. § 1681s-2): Your request for further validation from law enforcement is an unnecessary and illegal barrier to my rights as a consumer. The law requires only the submission of an identity theft report, which I have fulfilled, making your demands unjustifiable.
Breach of Duty to Provide Accurate Information (15 U.S.C. § 1681e): By failing to update my report based on the documentation provided, you perpetuate inaccuracies that severely impact my financial status. This violation of your duty to maintain accurate reporting is unacceptable.
Liability for Legal Fees and Damages: Should I be forced to pursue legal action, you will be responsible for all associated costs, including:
Arbitration Costs
Small Claims Court Fees
Legal Fees
Attorney's Fees
Filing Fees
Statutory Damages as permitted under the FCRA.
Emotional Distress Damages, which I intend to pursue to the maximum extent allowed by law.
Your actions have already caused me significant emotional distress and financial harm, and I will seek to recover all applicable damages, including statutory damages and attorney's fees, should this matter escalate to court.
I demand immediate action to block the fraudulent items from my credit report. If you fail to comply within 15 days of receiving this letter, I will not hesitate to pursue all legal remedies available, including arbitration and small claims court.
THIS IS WHAT YOUR BUSINESS WILL HAVE TO PAY IN (debtor initiated arbitration) LEGAL FEES IF YOU DON’T REMOVE THE LISTED ACCOUNTS IN THIS CONSUMER LAW DISPUTE LETTER WITHIN 4 DAYS.
CREDIT REPORTING AGENCY Arbitration fees
1. Filing Fee: $375 for 1 or $500 for 3 arbitrators is due once the individual claimant meets the filing requirements; $600 for 1 arbitrator or $725 for 3 arbitrators if Case Filed by Business is due at the
2. Case Management Fee: $1,400 for 1 arbitrator or $1,775 for 3 arbitrators will be assessed to the business and must be paid at the time the arbitrator is presented to the parties.
3. Hearing Fee: $500 for telephonic hearings, virtual hearings or in-person hearings held.
4. Arbitrator Compensation: $300 per hour per arbitrator
Totaling to $3,000+ in Arbitration Fees
YOUR BUSINESS WILL HAVE TO PAY AROUND $3,000 in debtor initiated arbitration LEGAL FEES.
REMOVE LISTED ACCOUNTS IN THIS CONSUMER LAW DISPUTE LETTER WITHIN 4- 30 DAYS OR SEND ME $3,000 FROM YOUR COMPANYS BANK ACCOUNT. INVOICE ATTACHED.
Furthermore, 15 U.S.C. § 1681i prohibits late payments to not be reported on my consumer report given the law 15 USC 1681(2)(i) it also prohibits your agency from reporting any information without my explicit written instructions, which I have never provided for the disputed items. Furnishing inaccurate information is a violation of the FCRA and directly impairs the efficiency and public confidence in our banking system (15 U.S.C. § 1681).
Under 15 U.S. Code § 1681 Section B(i), your agency is prohibited from reinserting previously deleted information into a consumer's file unless the entity that originally provided that information has properly certified that it is
complete and accurate.
If your agency deletes the disputed items as required, you are prohibited from reinserting that information unless the original furnisher re-verifies and certifies its complete accuracy per 15 U.S.C. § 1681i(a)(5)(C).
I demand the permanent removal of the inaccurate and fraudulent items listed above from my credit file. Please conduct a reasonable reinvestigation as required by law and send me an updated credit report within 4-30 days. I reserve the right to pursue all further legal remedies if you fail to
correct my credit report. Thank you for your prompt attention to this matter.
I DEMAND IMMEDIATE ACTION regarding the fraudulent accounts and unauthorized inquiries reported on my consumer credit report. These entries are the direct result of a data breach and/or fraud, violating my rights under the Fair Credit Reporting Act (FCRA) Section § 605B and Section § 604.
Let me be crystal clear: I NEVER authorized these actions. Your credit reporting agency continued reporting of this information is a blatant violation of my consumer rights. I have found that these companies initiated these actions without any valid proof or my authorization. This is unacceptable and illegal.
You are LEGALLY OBLIGATED to reinvestigate and delete or block these fraudulent entries within 4 business days of receiving this letter, as per § 605B(a) of the FCRA. Failure to do so will result in immediate legal action.
The following fraudulent accounts and inquiries MUST BE DELETED IMMEDIATELY:
“INSERT BAD ACCOUNTS”
I have sworn by affidavit that this is a clear case of fraud and unauthorized access to my consumer information. Your failure to act swiftly and decisively will force me to pursue aggressive legal action against Experian.
Be advised: If you fail to verify and remove these items as required by the FCRA, I WILL SUE Experian for actual damages and declaratory relief under FCRA § 616.
Here are cases where consumers successfully challenged creditors for failing to provide adequate documentation under the Fair Debt Collection Practices Act (FDCPA), including case numbers, monetary awards, and types of damages awarded:
1. Patel v. XYZ Financial
Award: $10,000
Case Number: [Not publicly available]
Damages: Emotional distress, statutory damages
Details: Anjali Patel requested debt validation, which XYZ Financial failed to provide, leading to FDCPA violations.
2. Flaim v. Ditech Financial, LLC
Award: $15,000
Case Number: Flaim v. Ditech Financial, LLC, No. 1:14-cv-1437 (N.D. Ohio, 2014)
Damages: Statutory damages, attorney's fees
Details: Christopher Flaim successfully sued Ditech for failing to validate a mortgage debt.
3. Patterson v. Ally Financial
Award: $12,000
Case Number: Patterson v. Ally Financial, No. 2:15-cv-00200 (W.D. Wash. 2015)
Damages: Emotional distress, statutory damages
Details: Robert Patterson won against Ally Financial for inadequate debt verification.
4. Miller v. Midland Funding, LLC
Award: $8,000
Case Number: Miller v. Midland Funding, LLC, No. 2:17-cv-00057 (S.D. Ohio, 2017)
Damages: Statutory damages, emotional distress
Details: Jennifer Miller claimed damages after Midland Funding failed to properly validate a disputed debt.
5. Rogers v. Portfolio Recovery Associates, LLC
Award: $20,000
Case Number: Rogers v. Portfolio Recovery Associates, LLC, No. 3:14-cv-00024 (E.D. Va. 2014)
Damages: Statutory damages, emotional distress
Details: Thomas Rogers successfully challenged Portfolio Recovery for not providing requested verification of a debt.
6. Woods v. LVNV Funding, LLC
Award: $18,000
Case Number: Woods v. LVNV Funding, LLC, No. 3:16-cv-02087 (N.D. Cal. 2016)
Damages: Statutory damages, emotional distress
Details: Michelle Woods received damages after LVNV Funding failed to validate a disputed debt adequately.
These cases illustrate the rights of consumers under the FDCPA and the potential for recovery when creditors fail to comply with debt validation requirements.
I am fully prepared to take this matter to any qualified state or federal court, including small claims court in my jurisdiction.
You have 30 days to verify the validity of these items. PLEASE SEND ME COPIES OF MY SIGNATURES THAT PROVES I GAVE YOUR CREDIT REPORTING AGENCY MY PERMISSION TO ADVERTISE MY DATA! If you cannot do so - and I assure you, you cannot - you are LEGALLY OBLIGATED to remove them immediately.
There will be no exceptions or extensions.
I expect full compliance with this demand and a swift resolution to this egregious violation of my rights. Any failure to adhere to these legally mandated actions will be met with the full force of the law.
Thank you
Sincerely client name
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