Step 1. Complete the Affidavit online.

https://www.consumer.ftc.gov/articles/0277-create-identity-theft-report
Or download the form and print it out.
http://www.consumer.ftc.gov/articles/pdf-0094-identity-theft-affidavit.pdf
A better option then using the form.
https://www.azag.gov/sites/default/files/sites/all/docs/id-theft/LF117-2-DeceasedAffidavitofFact.pdf
If a consumer notifies you that he is a victim of identity theft, and gives you an identity theft report, you may not
furnish information to a CRA regarding the fraudulent account or debt. FCRA 623(a)(6)(B)
Read the FCRA
https://www.consumer.ftc.gov/articles/pdf-0092-notice-to-furnishers.pdf
Read the FDCPA
https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-acttext
Re-aging accounts FDCPA violations https://www.nclc.org/images/pdf/conferences_and_webinars/fdcp/2015/intro/
11-article.pdf
15 USC 1692 abusive debt collection acts contribute to Personal Bankruptcy, Marital Instability, Loss of Jobs, and
invasion of individual privacy. So although the FDCPA limits you to recuperating 1000 per violation. This statute
opens the door to pursue the above sustained liabilities as punitive damages. Not only that, since we are objective
oriented even without the experience to back a full blown lawsuit, a notice of intent and a drafted complaint is
enough to reach a favorable settlement. You may surprisingly be offered a payment
Debt Validation Instructions
Dispute Letters Letters:
1 Cover Letter for Identity Theft (.doc)
2 Dispute letters. (initial dispute, 2nd and 3rd follow up, intent to sue) (.doc)
These HERE, are several template letters to start and complete your administrative fact finding tribunal
1. Challenges under the FCRA are better directed as an Administrative Procedure, directly to the Reporting Agency.
You can simultaneously work this in, before or after an Affidavit of Identity Theft.
2. The templates also include other letters for challenging the Debt Collectors who are obligated under the FDCPA.
These debt collectors are also information furnishers which make them additionally obligated under the FCRA.
The letters are templates. You can use them in multiple ways but you must make them personal to your own
situation, and you further have to structure your presentments to support your ultimate remedy should you need to
File a Law Suit in Small Claims Court for a quick reward for their continued violation of the FCRA or FDCPA.
The last letter you would send before filing a lawsuit is the NOTICE OF INTENT AND PENDING LITIGATION
and a final offer to settle.
Send the demand a for debt validation via Notary or third party witness within Thirty (30) days. If time is short,
you could offer 5-10 days with the option of allowing a request for more time if necessary to comply. Allow three
(3) days for mailing.
(Opportunity to Cure Fault and Perform)
If after the response time expires, offer an opportunity to cure via Notary with (3) to Ten (10) days to cure with
time for mailing.
(Affidavit of Default and Certificate of Non-Response)

Once the respondents fail to cure (not if but when), I would move directly to Default them (my notice of their
dishonor) and have the Notary certify the non-response (the notary's notice of their dishonor). Both can be done at
the same time and sent together. You can find these certificates for Notarys and Third Parties under our
Administrative Procedure section for Premium Members. UCC 3-505
Visit Administrative Procedure to find Notary & Third Party witness certificates for presentments
These are your court records so be certain that they establish the elements of your case. They must demonstrate
abusive debt collection practices, in the case of the FDCPA or reporting violations in the case of the FCRA
http://files.consumerfinance.gov/f/201503_cfpb-fair-debt-collection-practices-act.pdf
If an FTC investigation reveals that a debt collector violated the law, the Commission may file a federal court action
seeking injunctive and equitable monetary relief under Section 13(b) of the FTC Act, 15 U.S.C. 53(b), or refer the
matter to the Department of Justice for civil penalties and injunctive relief under Section 5(m) of the FTC Act.
You can also fact find with CFPB
Theres the Common Points for FCRA response and Cross Complaint
Substantive Defenses
FDCPA overview and the list of violations (plug in to apa)
More list of what they cant do under the FDCPA
http://www.nolo.com/legal-encyclopedia/illegal-debt-collection-practices.html
Check out CaseStyles (how to set up a case) You will see where to plug in Administrative Procedures...
The letters are Administrative Procedures
FDCPA template suit, HINKLE Appeal,
Great FDCPA Case Law, and Golden Cases

13.A violation under the FDCPA is also considered an unfair or deceptive act or practice in violation of the Federal
Trade Commission Act

14.FDCPA DODD FRANK GUIDANCE

re-aging account:
https://www.nclc.org/images/pdf/conferences_and_webinars/fdcp/2015/intro/11-article.pdf
FCRA 2012 to read...
Summary of Rights under FCRA
http://www.naic.org/documents/legal_hartford_complaint.pdf FCRA W/ CLASS ACTION COMPLAINT
http://online.wsj.com/public/resources/documents/haman.pdf US DISTRICT COURT FDCPA COMPLAINT
https://eclaim.kccllc.net/caclaimforms/jpd/Documents/Plaintiffs%20Original%20Complaint.pdf USDC Complaint
Under the Fair Credit Reporting Act, 15 U.S.C. 1681g I have the right to demand that you disclose to me all of
the documents that you have recorded and retained in your file concerning the accounts that you are reporting in my
credit report.
If you do not have any documentation in your files to verify the accuracy of these disputed accounts then please
delete them immediately as required under FCRA 611(a)(5)(A)(i). By publishing these inaccurate and unverified
items on my credit report and distributing them to 3rd parties you are damaging my reputation and credit worthiness.
Under the[FCRA 623(b)(1)] (FCRA 15 U.S.C. 1681i, al inaccurate, incomplete and unverified accounts
must be promptly deleted. Therefore, if you are unable to provide me with a copy of the verifiable proof that you
have on file for each of the accounts listed below within 30 days of receipt of this letter then you must remove these
accounts from my credit report.
If you dont investigate and respond to the notification of the dispute within the specified times, the CRA must
delete the disputed information from its files. FCRA 623(b)(2) and 611(a)(1)

you cannot, under by LAW any circumstances, report information the consumer has told you is inaccurate if it
is, in fact, inaccurate. FCRA Section 623(a)(1)(C)
Mere allegations will not suffice:
they are required by law to Furnisher Rule 660.4(e) review all relevant information provided by the consumer
According to Appendix A to Furnisher Rule Part 660 (16 CFR 660); Your information must be be substantiated by
your records when it is furnished;
Your policies and procedures, must reflect the terms of the account, and establish internal controls for the accuracy
and integrity of the information. You must prevent re-aging, and must require updating of furnished information
where necessary, such as in this specific instance.
Disputed Information Once a consumer disputes information, you may not report that information to a CRA
without telling the CRA that the information is in dispute.FCRA 623(a)(3)
If you dont comply with the FCRA, you may be sued by the FTC, Consumer Financial Protection Bureau (CFPB),
state governments, or in some cases, consumers. The FCRA provides for maximum penalties of $3,500 per violation
in the case of lawsuits brought by the FTC. FCRA 616, 617, 621. I will not hesitate to furnish my authenticated
record with a complaint to the FTC