DISCLAIMER: THIS LETTER IS NOT MEANT TO BE LEGAL ADVICE TO ANYONE EITHER GENERALLY OR IN A SPECIFIC CASE. USE IT AT YOUR OWN RISK. IT IS AN EXAMPLE OF A LETTER I USE IN MY PRACTICE AND IS ADAPTED ACCORDING TO THE FACTS OF EACH CASE AND THE NEEDS OF THE INDIVIDUAL CLIENT. DO NOT USE THIS LETTER UNLESS YOU HAVE FILED A COMPLAINT WITH LOCAL POLICE, THE FBI OR THE FTC.
[DATE]
[NAME OF CLAIMANT, BANK, OR CREDIT CARD COMPANY]
[ADDRESS THAT IS DESIGNATED BY THE CLAIMANT FOR COMPLAINTS RELATED TO CREDIT REPORTING ISSUES]
Re: Notice of identity Theft on Account of [Name of Debtor]
Notice Pursuant to Fair Debt Collection Practices Act
Account No. [Account Number]
Dear [Sir or Madam; or any other preferred salutation]
The undersigned has been retained by the above referenced individual in relation to the outstanding balance on the above referenced account. This correspondence will serve as notice that pursuant to the federal and state laws cited below, all further communication, be it oral, written, or electronic, from you to my client must now be made directly to this office, at the address and contact numbers provided herein, and that you and your employees, agents, assigns, and contractors shall henceforth CEASE AND DESIST from any further direct communication with my client.
I am authorized to seek civil damages and penalties against you, your employees, agents, and contractors, pursuant to Section 813 of the Fair Debt Collection Practices Act and/or Section 1788.30 of the Rosenthal Fair Debt Collection Practices Act for the due enforcement of the provisions of these laws immediately upon the first violation thereof. Currently, the penalty for each unauthorized contact with my client is set at $1,000.
I also write to inform you that my client disputes the amount owed on this account because he is the victim of identity theft, as defined in California Penal Code, section 530.5, which provides in part:
"Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 170."
The term "personal identifying information" is defined in Section 530.55(b) of the referenced code section as:
"...any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver's license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother's maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, alien registration number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification."
My client's account information with [Claimant Name] was obtained by the suspect and used in the fraudulent [Give example such as “purchase of goods and money]. Further details are provided in the attached report filed with law enforcement. [Attach report]
I also inform you that should you or an assignee initiate a claim against my client to collect on this disputed obligation, or should you seek to foreclose on any lien originating because of this theft, my client will take all actions against you pursuant to Civil Code, Section 1798.93. That section provides in part:
"A person may bring an action against a claimant to establish that the person is a victim of identity theft in connection with the claimant's claim against that person. If the claimant has brought an action to recover on its claim against the person, the person may file a cross-complaint to establish that the person is a victim of identity theft in connection with the claimant's claim."
This section further provides that my client will be entitled to a judgment that [he/she] does not owe the sum on this account and an injunction against you or your assignee from ever collecting any sum in relation thereto, as well as a dismissal with prejudice of your complaint. In addition, should the matter proceed to the point of a civil action, [Name of Client] would be entitled to attorney fees and costs in defending your action (CC 1798.93(c)(5)) plus a civil penalty of up to $30,000 (CC 1798.93(c)(6)).
If you have any questions or comments, please contact me.
Sincerely,
[Attorney Name]
Address
Phone
Mark E. Brenner, Esq.
Counselor at Law
