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Moderator
Posts: 15,335
Registered: ‎10-07-2014

Fraud alert that I didn’t request

[ Edited ]

I applied for membership with Andrews FCU and during the process they informed me that I had a fraud alert on one of my reports.  News to me as all I have done is place freezes on the 3 CRAs.  I assume that it is EQ that has it.  Really no desire to have one and have to deal with the problems that arise when I apply for something which I quite frequently do Smiley Wink

 

So how do I remove the dang alert and how long is the process?

 

edit to add that it really irks me that something like this is done without my permission.  

Valued Contributor
Posts: 2,327
Registered: ‎03-28-2017

Re: Fraud alert that I didn’t request

Third party probably put it there.  Some creditor you interacted with recently?  Any recently reissued CCs?

 

http://ficoforums.myfico.com/t5/General-Credit-Topics/Fraud-Alert-on-CR-without-my-consent/td-p/1180...

FICO8 3/17 550EX, 570TU, 559EQ
FICO8 10/17 699EX, 693TU, 717EQ
Valued Contributor
Posts: 2,327
Registered: ‎03-28-2017

Re: Fraud alert that I didn’t request

Our legal artist @RobertEG stated this:

 

The controlling statute, FCRA 605A, states:

"Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim or fraud or related crime, including identity theft, a consumer reporting agency.... that maintains a file on the consumer and has received appropriate proof of the identity of the requestor shall include a fraud alert in the file of that consumer.......""

 

 

He also said:

 

"I would directly request removal, and additionally complain of the CRA violation of section 605A."

 

http://ficoforums.myfico.com/t5/General-Credit-Topics/Equifax-randomly-placing-quot-fraud-alert-quot...

FICO8 3/17 550EX, 570TU, 559EQ
FICO8 10/17 699EX, 693TU, 717EQ
Moderator
Posts: 15,335
Registered: ‎10-07-2014

Re: Fraud alert that I didn’t request


ABCD2199 wrote:

Our legal artist @RobertEG stated this:

 

The controlling statute, FCRA 605A, states:

"Upon the direct request of a consumer, or an individual acting on behalf of or as a personal representative of a consumer, who asserts in good faith a suspicion that the consumer has been or is about to become a victim or fraud or related crime, including identity theft, a consumer reporting agency.... that maintains a file on the consumer and has received appropriate proof of the identity of the requestor shall include a fraud alert in the file of that consumer.......""

 

 

He also said:

 

"I would directly request removal, and additionally complain of the CRA violation of section 605A."

 

http://ficoforums.myfico.com/t5/General-Credit-Topics/Equifax-randomly-placing-quot-fraud-alert-quot...


Thanks ABCD.  My most recent new card was the BoA Premium rewards but I can’t think of any reason that they would have added it.  Wonder if EQ did it because of the hack and my info was potentially included like the rest of mankind.

Valued Contributor
Posts: 2,327
Registered: ‎03-28-2017

Re: Fraud alert that I didn’t request

If they did do it, I would say that's a 605A statute violation (my opinion).  They're not the consumer and they're not an individual acting as a representative on your behalf.

 

PDF warninghttps://www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf -- page 25 or so.

 

 

FICO8 3/17 550EX, 570TU, 559EQ
FICO8 10/17 699EX, 693TU, 717EQ
Community Leader
Epic Contributor
Posts: 29,709
Registered: ‎03-19-2007

Re: Fraud alert that I didn’t request

Yes, a fraud alert can only be placed upon request of a consumer or a party acting on behalf of the consumer.

However, the CRAs interpret that whenever they are aware of information that implies or asserts that some form of fraud or identity theft has occured, then they are permitted to act on behalf of the consumer by placing a fraud alert.  While that interpretation might be a bit stretched, it is nonetheless, in my opinion, a good policy, as it provides protection in marginal situations.

 

The more important provision of the FCRA is that a fraud alert that only alleges possible fraud or identity theft (i.e., it is not additionally accompanied by a police report that asserts some actual fraud/identity theft) is only an "initial" fruad alert, and only lasts for up to 90 days. 

Thus, since the CRA cannot impose an extended fraud alert without a police report from the consumer, any fraud alert imposed on behalf of the consumer can only be an initial fraud alert, which dies in 90 days.

It further can be removed earlier upon receipt from the consumer of a specific request for its removal.  

 

I would not dispute or complain regarding an initial fraud alert imposed upon initiative of a CRA, as it has more benefit than detriment, and is fleeting.

If you wish immediate removal, simply send a formal request to the CRA  for its removal.

Community Leader
Super Contributor
Posts: 8,990
Registered: ‎05-25-2015

Re: Fraud alert that I didn’t request


Irish80 wrote:

I applied for membership with Andrews FCU and during the process they informed me that I had a fraud alert on one of my reports.  News to me as all I have done is place freezes on the 3 CRAs.  I assume that it is EQ that has it.  Really no desire to have one and have to deal with the problems that arise when I apply for something which I quite frequently do Smiley Wink

 

So how do I remove the dang alert and how long is the process?

 

edit to add that it really irks me that something like this is done without my permission.  


Irish, that would irk me, too!!!


Daily Drivers: Penfed Platinum Rewards; NFCU GoRewards; Discover; NASA Platinum Cash Rewards. EQ: 752 TU: 740 EX: 787
Established Contributor
Posts: 612
Registered: ‎09-19-2015
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Re: Fraud alert that I didn’t request

[ Edited ]

The same thing happened to me! When I apped  the nra VISA they had to go through additional steps because of a fraud alert on my EX. I never placed one on there as I keep my reports locked. I think maybe EQ did it when I signed up on their trustedid site.

Scores 01/04/2017: EQ 719, TU 750, EX 716
Goal scores: 740 across the board
Moderator
Posts: 15,335
Registered: ‎10-07-2014

Re: Fraud alert that I didn’t request


mattmyFIC0 wrote:

The same thing happened to me! When I apped  the nra VISA they had to go through additional steps because of a fraud alert on my EX. I never placed one on there as I keep my reports locked. I think maybe EQ did it when I signed up on their trustedid site.


I think that’s exactly what happened in my situation.  Should have never signed up :-/

Moderator
Posts: 15,335
Registered: ‎10-07-2014
0 Kudos

Re: Fraud alert that I didn’t request


RobertEG wrote:

Yes, a fraud alert can only be placed upon request of a consumer or a party acting on behalf of the consumer.

However, the CRAs interpret that whenever they are aware of information that implies or asserts that some form of fraud or identity theft has occured, then they are permitted to act on behalf of the consumer by placing a fraud alert.  While that interpretation might be a bit stretched, it is nonetheless, in my opinion, a good policy, as it provides protection in marginal situations.

 

The more important provision of the FCRA is that a fraud alert that only alleges possible fraud or identity theft (i.e., it is not additionally accompanied by a police report that asserts some actual fraud/identity theft) is only an "initial" fruad alert, and only lasts for up to 90 days. 

Thus, since the CRA cannot impose an extended fraud alert without a police report from the consumer, any fraud alert imposed on behalf of the consumer can only be an initial fraud alert, which dies in 90 days.

It further can be removed earlier upon receipt from the consumer of a specific request for its removal.  

 

I would not dispute or complain regarding an initial fraud alert imposed upon initiative of a CRA, as it has more benefit than detriment, and is fleeting.

If you wish immediate removal, simply send a formal request to the CRA  for its removal.


Thanks!  Definitely will take your advice and send a request and not file the dispute.

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