Furnisher Direct Dispute and Identity Theft Block Request - Florida

FURNISHER DIRECT DISPUTE AND IDENTITY THEFT BLOCK REQUEST

State of Florida

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Date: [__/__/____]

From (Consumer/Consumer's Attorney):

Name: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]
Date of Birth: [__/__/____]
Last Four Digits of SSN: [____]
Telephone: [________________________________]
Email: [________________________________]
Florida Bar No. (if attorney): [________________________________]

To (Furnisher of Information):

Company Name: [________________________________]
Dispute Department / Compliance Department: [________________________________]
Address: [________________________________]
City, State, ZIP: [________________________________]

Re: Direct Dispute Under 15 U.S.C. § 1681s-2(a)(8) and Identity Theft Block Under 15 U.S.C. § 1681c-2 and Florida Statutes
Account Number: [________________________________]
Type of Account: [________________________________]
Consumer Reporting Agencies Affected: ☐ Equifax ☐ Experian ☐ TransUnion ☐ Other: [____]

PART 1: DIRECT DISPUTE TO FURNISHER

Section 1.1: Legal Basis for Direct Dispute

This letter constitutes a formal direct dispute of the information you are furnishing to consumer reporting agencies regarding the above-referenced account. This dispute is made pursuant to:

• Federal: 15 U.S.C. § 1681s-2(a)(8) and 12 C.F.R. Part 1022, Subpart E
• Florida: Fla. Stat. § 559.72(18) (FCCPA -- duty to report debts as disputed)

Your Obligations Upon Receipt of This Dispute

Under 15 U.S.C. § 1681s-2(a)(8) and 12 C.F.R. § 1022.43, upon receipt of this direct dispute, you must:

1. Conduct a reasonable investigation within 30 days of receipt (extendable by 15 days if the consumer provides additional relevant information during the initial period);
2. Review all relevant information provided by the consumer;
3. Report the results of the investigation to the consumer;
4. If the information is inaccurate, incomplete, or unverifiable, correct, delete, or modify the information and notify each CRA;
5. If you determine the dispute is frivolous or irrelevant, notify the consumer within 5 business days with the reasons and identify information needed to investigate.

Florida-Specific Obligations Under the FCCPA

Under Fla. Stat. § 559.72(18), it is a violation of the Florida Consumer Collection Practices Act to fail to report a debt as disputed to any consumer reporting agency when the person knows the debtor has disputed the debt. Upon receipt of this dispute, you must immediately report the account as "disputed" to all CRAs.

IMPORTANT: You may NOT refuse to investigate this dispute on the grounds that it was submitted directly to you rather than through a CRA. The direct dispute right under § 1681s-2(a)(8) is separate from the CRA-mediated dispute process.

Section 1.2: Account Information Being Disputed

Account Number: [________________________________]
Name of Account Holder (as reported): [________________________________]
Type of Account: [________________________________]
Current Reported Balance: $[________________________________]
Date Opened (as reported): [__/__/____]
Date of Last Activity (as reported): [__/__/____]
Current Status (as reported): [________________________________]

Specific Items Being Disputed

☐ The account does not belong to me
☐ The reported balance is incorrect
☐ The reported payment history is inaccurate
☐ The account status is incorrect (e.g., reported as open when closed, reported as delinquent when current)
☐ The reported date of first delinquency is incorrect
☐ The account has been paid in full but is not reported as such
☐ The account has been settled but is not reported as settled
☐ The account was included in a bankruptcy discharge but is still being reported
☐ The reported credit limit is incorrect
☐ The account is being reported past the 7-year reporting period under 15 U.S.C. § 1681c(a)
☐ Unauthorized charges are included in the reported balance
☐ The account resulted from identity theft
☐ Other: [________________________________]

Detailed Explanation of Dispute

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

Correct Information (if known)

The correct information for this account should be:

• Balance: $[________________________________]
• Payment Status: [________________________________]
• Account Status: [________________________________]
• Date of Last Activity: [__/__/____]
• Other corrections: [________________________________]

Section 1.3: Supporting Documentation

The following documents are enclosed to support this dispute:

☐ Copy of current credit report showing the disputed information (from ☐ Equifax ☐ Experian ☐ TransUnion)
☐ Proof of payment (canceled checks, bank statements, payment confirmations)
☐ Settlement agreement or payoff letter
☐ Bankruptcy discharge order and schedules (Case No. [________________________________])
☐ Account statements showing correct balance
☐ Correspondence with the creditor
☐ Court orders or judgments
☐ Proof of identity (government-issued photo ID)
☐ Proof of current address
☐ FTC Identity Theft Report (if applicable -- see Part 2)
☐ Police report (if applicable -- see Part 2)
☐ Florida Identity Theft Victim Kit documentation (if applicable -- see Part 2)
☐ Other: [________________________________]

Section 1.4: Demand for Investigation and Correction

I hereby demand that you:

1. Conduct a reasonable investigation of each disputed item within 30 days of receipt.
2. Review all relevant information I have provided, including all enclosed documentation.
3. Provide written notice of the investigation results, including the method of verification if the information is verified as accurate.
4. If information is inaccurate, incomplete, or unverifiable, correct, delete, or modify the information and notify each CRA.
5. Do not re-report the disputed information until the investigation is complete.
6. Report the account as "disputed" to all CRAs, as required by both federal law and Fla. Stat. § 559.72(18).
7. Provide written confirmation of all corrections and CRA notifications.

PART 2: IDENTITY THEFT BLOCK REQUEST

NOTE: Complete this section ONLY if the disputed account resulted from identity theft.

Section 2.1: Identity Theft Declaration

☐ I declare that the account identified above resulted from identity theft. I did not open this account, I did not authorize anyone to open this account on my behalf, and I did not benefit from this account. The account was opened and/or used by an unauthorized person without my knowledge or consent.

Section 2.2: Legal Basis for Identity Theft Block

Federal Law

• 15 U.S.C. § 1681c-2 -- Block of information resulting from identity theft (4 business day CRA block requirement)
• 15 U.S.C. § 1681s-2(a)(6)-(7) -- Furnisher must cease reporting and prevent re-furnishing

Florida Law

Florida provides robust identity theft protections, including criminal penalties and civil remedies:

Fla. Stat. § 817.568 (Criminal Use of Personal Identification Information):

• Criminal Penalties (Mandatory Minimums):
• Third-degree felony (base offense): Up to 5 years imprisonment
• Second-degree felony: $5,000+ in financial injury or 10-19 victims -- 3 years mandatory minimum
• First-degree felony: $50,000+ in financial injury or 20-29 victims -- 5 years mandatory minimum
• First-degree felony (aggravated): $100,000+ in financial injury or 30+ victims -- 10 years mandatory minimum
• Restitution (§ 817.568(6)): Courts shall order restitution to victims, which may include:
• Out-of-pocket costs
• Attorney's fees incurred in clearing the victim's credit history or credit rating
• Costs incurred in connection with civil or administrative proceedings to satisfy debts, liens, or other obligations arising from the identity theft
• Court Orders (§ 817.568(7)): The sentencing court may issue orders to correct any public record containing false information resulting from the identity theft
• Surcharge: A $1,001 surcharge is imposed on all identity theft convictions

Fla. Stat. §§ 501.001-501.171 (Florida Consumer Protection / Identity Theft):

• Victim rights related to identity theft protection and recovery
• Security freeze provisions under Fla. Stat. § 501.005
• Credit monitoring and alert requirements

Fla. Stat. § 501.005 (Security Freeze):

• Florida consumers may place a security freeze on their credit reports
• CRAs must place the freeze within 10 business days of receiving the request
• The freeze prevents new creditors from accessing the consumer's credit report without authorization
• Identity theft victims may place and lift a security freeze without charge

Section 2.3: Identity Theft Report and Supporting Documentation

The following identity theft documentation is enclosed:

☐ FTC Identity Theft Report from IdentityTheft.gov (Reference No. [________________________________])

• Date filed: [__/__/____]

☐ Police Report

• Agency: [________________________________]
• Report No.: [________________________________]
• Date filed: [__/__/____]
• Investigating Officer: [________________________________]

Florida Note: While the federal FTC Identity Theft Report replaces the old police report requirement, filing a police report in Florida is recommended for several reasons: (1) it supports criminal prosecution under Fla. Stat. § 817.568; (2) it may be required for the restitution provisions; and (3) it strengthens the consumer's position in any subsequent civil proceedings. The Florida Attorney General provides a comprehensive Identity Theft Victim Kit at myfloridalegal.com.

☐ Proof of Identity

• ☐ Government-issued photo identification (Florida driver's license, state ID, passport)
• ☐ Social Security card or documentation showing SSN

☐ Proof of Address

• ☐ Utility bill dated within last 60 days
• ☐ Bank or credit card statement dated within last 60 days
• ☐ Government correspondence showing current address

☐ Florida Identity Theft Victim Kit documentation (from Florida Attorney General)

Section 2.4: Furnisher Obligations Upon Receipt of Identity Theft Report

Upon receipt of this identity theft report and supporting documentation, you are required to:

Under Federal Law (15 U.S.C. § 1681s-2(a)(6)-(7) and § 1681c-2):

1. Cease furnishing the disputed information to any CRA
2. Notify all CRAs to block the information
3. Never re-furnish the blocked information
4. Implement reasonable procedures to prevent re-furnishing

Under Florida Law:

5. Cease all collection activity on the disputed account
6. Do not sell, assign, or transfer the disputed account
7. Cooperate with any law enforcement investigation related to the identity theft
8. Provide written confirmation of all actions taken

WARNING: Continuing to collect on or report a debt that you know resulted from identity theft may violate Fla. Stat. § 559.72(9) (FCCPA -- claiming a debt the person knows is not legitimate), triggering statutory damages of up to $1,000 plus actual damages, punitive damages, and attorney's fees under Fla. Stat. § 559.77. It may also constitute a separate FDCPA violation under 15 U.S.C. § 1692e.

PART 3: CONSEQUENCES OF NON-COMPLIANCE

Section 3.1: Federal Remedies Under FCRA

Willful Noncompliance (15 U.S.C. § 1681n)

• Actual damages or statutory damages of $100 to $1,000 per violation
• Punitive damages
• Attorney's fees and costs

Negligent Noncompliance (15 U.S.C. § 1681o)

• Actual damages
• Attorney's fees and costs

Section 3.2: Florida State Remedies

Florida Consumer Collection Practices Act (Fla. Stat. § 559.77)

• Actual damages caused by the violation
• Statutory damages up to $1,000 per lawsuit
• Punitive damages at the court's discretion
• Attorney's fees and costs

Florida Identity Theft Restitution (Fla. Stat. § 817.568(6))

• Out-of-pocket costs
• Attorney's fees for clearing credit
• Costs of civil or administrative proceedings

Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.204)

• Furnishing known inaccurate information or continuing to report identity theft accounts may constitute an unfair or deceptive trade practice
• Remedies include actual damages, attorney's fees, and injunctive relief

Combined Recovery

A consumer may pursue claims under both federal (FCRA) and Florida state law simultaneously, potentially obtaining separate damage awards under each statute.

PART 4: PRACTICE TIPS FOR ATTORNEYS

Florida-Specific Strategy

1. FCCPA Section 559.72(18) -- Dispute Reporting: The FCCPA specifically prohibits failing to report a debt as disputed when the furnisher knows the debtor has disputed the debt. This provides a state-law claim in addition to the federal FCRA requirement to report disputed status.

2. FCCPA Section 559.72(9) -- Illegitimate Debts: If the account resulted from identity theft, continuing to pursue collection after notification constitutes claiming a debt the person knows is not legitimate. This is a powerful state-law claim with statutory damages, punitive damages, and attorney's fees.

3. Dual Filing Strategy: File this direct dispute with the furnisher AND simultaneous CRA disputes. The CRA-mediated dispute triggers § 1681s-2(b) obligations and preserves the private right of action that is not available under § 1681s-2(a).

4. Police Report and Restitution: Encourage identity theft victims to file a police report in Florida. The restitution provisions under Fla. Stat. § 817.568(6) specifically include attorney's fees for clearing credit -- making criminal prosecution (or at least a police report) beneficial for the civil case.

5. Florida Identity Theft Victim Kit: Direct clients to the Florida Attorney General's Identity Theft Victim Kit (available at myfloridalegal.com), which provides step-by-step guidance and form letters.

6. Security Freeze: Advise identity theft victims to place a security freeze under Fla. Stat. § 501.005 on all three credit reports. Florida identity theft victims can place and lift freezes at no charge.

Venue Considerations

• Federal FCRA claims: Southern District of Florida (Ft. Lauderdale, Miami, West Palm Beach), Middle District (Tampa, Orlando, Jacksonville), or Northern District (Tallahassee, Pensacola)
• State claims: Florida Circuit Court in the appropriate county
• The Southern District of Florida has particularly extensive consumer protection jurisprudence

PART 5: RESPONSE TRACKING AND FOLLOW-UP

Furnisher Response Deadline Tracker

If the Furnisher Does Not Respond or Fails to Investigate

1. Send a follow-up demand letter referencing this original dispute
2. File complaints with the CFPB (consumerfinance.gov/complaint) and FTC (ftc.gov/complaint)
3. File a complaint with the Florida Attorney General's Consumer Protection Division
4. File a complaint with the Florida Office of Financial Regulation (if the furnisher is a licensed collection agency)
5. If a CRA-mediated dispute was also filed, document the furnisher's failure for § 1681s-2(b) litigation
6. Consult with counsel regarding filing suit under FCRA § 1681n/§ 1681o and FCCPA § 559.77

SIGNATURE AND DELIVERY

By signing below, I affirm under penalty of perjury that the information in this letter is true and correct to the best of my knowledge. I understand that knowingly submitting false information may subject me to criminal penalties.

Consumer/Attorney Signature:

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Florida Bar No. (if attorney): [________________________________]

Method of Delivery:

☐ USPS Certified Mail, Return Receipt Requested
Tracking Number: [________________________________]

☐ USPS Priority Mail with Delivery Confirmation
Tracking Number: [________________________________]

☐ FedEx / UPS with Signature Confirmation
Tracking Number: [________________________________]

Date Sent: [__/__/____]

ENCLOSURES CHECKLIST

☐ Copy of credit report showing disputed information
☐ Proof of payment / settlement documentation
☐ Bankruptcy discharge order (if applicable)
☐ FTC Identity Theft Report (if applicable)
☐ Police report (if applicable)
☐ Florida Identity Theft Victim Kit documentation (if applicable)
☐ Government-issued photo identification
☐ Proof of current address
☐ Account statements or correspondence
☐ Other supporting documentation: [________________________________]

SOURCES AND REFERENCES

• Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x: https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III
• 15 U.S.C. § 1681s-2 (Furnisher Responsibilities): https://www.law.cornell.edu/uscode/text/15/1681s-2
• 15 U.S.C. § 1681c-2 (Identity Theft Block): https://www.law.cornell.edu/uscode/text/15/1681c-2
• 12 C.F.R. Part 1022, Subpart E (CFPB Furnisher Duties): https://www.ecfr.gov/current/title-12/chapter-X/part-1022/subpart-E
• Florida Criminal Use of Personal ID, Fla. Stat. § 817.568: https://www.flsenate.gov/Laws/Statutes/2025/Chapter817/All
• Florida Consumer Collection Practices Act, Fla. Stat. §§ 559.55-559.785: https://law.justia.com/codes/florida/title-xxxiii/chapter-559/part-vi/
• Florida Security Freeze, Fla. Stat. § 501.005: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0501-0599/0501/0501.html
• CFPB Circular 2022-07 (Reasonable Investigation): https://www.consumerfinance.gov/compliance/circulars/consumer-financial-protection-circular-2022-07/
• Florida Attorney General Identity Theft Victim Kit: https://www.myfloridalegal.com/identity-theft/identity-theft-victim-kit
• Florida OFR (Collection Agency Registration): https://flofr.gov/
• FTC Identity Theft Resources: https://www.identitytheft.gov/
• CFPB Complaint Portal: https://www.consumerfinance.gov/complaint/