Cantwell-Enzi amendment to FACTA

[Methuss 10,105]

Ran across a little snippet of info useful to everyone here to force OCs to produce documents.

The Cantwell-Enzi Amendment to FACTA which apparently went into full effect June 2004 requires OC to provide copies of applications, documentation, and credit slips of all transactions on an account within 30 days of demand from a consumer if the consumer believes they are the victim of fraud. The demand has to be accompanied by an affidavit, but the affidavit does not require you to swear proof positive that it is identity theft, only that you do not recognize the account or have a suspicion that it was fraudulent.

Apparently, the burden of swearing that you are absolutely certain it is IDTheft was too much. This at least recognizes the fact that companies can make mistakes and tie accounts to the wrong person's SSN.

[aggravated 10]

What needs to be included in an affidavit? Doesn't an affidavit need to be notarized? I was under the impression that an affidavit was a sworn statement. Please, more info Methuss. Maybe a sample?

[ThirstyGreek 10]

I would like more info or even possibly a template of an affidavit. What are the consequences for not responding?

Steve

[ThirstyGreek 10]

I just read that section of the FACTA 609e, this may be something that I will try with Compucredit as I have a TL on my report in collections that originated from them out of nowhere. I have never had an acct with them or Aspire so this should be an easy way to prove it is not mine.

No I need to figure out what an affidavit entails

Steve

[ThirstyGreek 10]

BUMP looking for more info