Bill > A3005

This bill requires debt collectors to stop collecting debts from consumers who claim to be victims of identity theft or misidentification, provided the consumer sends a written statement within 45 days of the debt collector's initial communication or a subsequent written notice. The statement must either be a standardized Federal Trade Commission affidavit of identity theft or a detailed written certification from the consumer explaining their claim, including why they didn't incur the debt and any relevant supporting documentation. Upon receiving this statement, the debt collector must review the information in good faith to determine if the consumer is responsible for the debt and then notify the consumer of their decision. If the debt collector fails to conduct this review in good faith or continues collection without a written determination, it's considered a violation of the act, which can lead to injunctions and civil penalties. The bill also clarifies that neither party waives other rights by exercising or not exercising rights under this act, and it establishes a one-year statute of limitations for enforcing its provisions.