*BOOM*

[guiness56]

I would file an FTC complaint against them.  They do have to follow the FCRA, that is what it is written for.

The CFPB is the one that gives them the 60 days because they are saying it is a dispute.

[James1992]

I'd agree.. but...

I just read this on the idtheft.gov website:

Credit Reporting Agency Obligations
CRAs are required to block fraudulent trade lines (a line item on a credit report
reflecting an account the consumer did not open or a transaction the consumer did not
make) and other inaccurate information, such as unauthorized inquiries, that result from
identity theft from appearing on an identity theft victim’s credit report. The victim must
provide the CRAs with the following information in writing:
 A copy of an Identity Theft Report (Report). (For more information about Identity
Theft Reports, see Section II.B.)
o The victim must have filed the Report with law enforcement.
 A letter explaining what information is fraudulent as a result of identity theft.
o The letter should state that the information does not relate to any
transaction that the consumer made or authorized.
 Proof of identity, which may include the consumer’s Social Security number,
name, address, and other personal information requested by the CRA. (For more
information on proof of identity, see Appendix A.3.)

See that middle line? MUST have filed a report with law enforcement. I tried, the police declined to take my report. Declined.

So now I *DO* have to chase down the creditors. The Affadavit does me no good at this juncture.

---

@guiness56 wrote:

I would file an FTC complaint against them.  They do have to follow the FCRA, that is what it is written for.

The CFPB is the one that gives them the 60 days because they are saying it is a dispute.

---

[guiness56]

There is an area on the Affidavit stating that the PD refused to take a report.  Did you fill that out?

I would still file a complaint with the FTC.  The FCRA governs how the CRAs report and nowhere does it say police report.

ETA:  I went to that website but couldn't find what you posted.  Everything led me back to the FTC which states something else.

[James1992]

I did fill it out.

EQ states that it doesn't matter, without a police report the FTC affadavitt is useless, and I quote..

"Anyone can get an affadavitt and get it notorized, it's just a piece of paper, it's useless and means nothing"

I got that from here..

http://www.idtheft.gov/probono/docs/III.A.%20Blocking%20Credit%20Reports%20Sec%20605B.pdf

it states clearly that a police report must be filed..

So its a catch 22.. 

[RobertEG]

The importance of a police report is that it is a sworn statement before a law enforcement agency that subjects the party to possible criminal prosecution for any knowingly false statements made therein.   Once could file a false police report, but at their peril.

FCRA 603(q) defines an "identity theft report" as a report that alleges an identity theft, is filed before a law enforcement agency, and which subjects the person filing the report to criminal penalties for any false information in the report.

The section of statute requiring a CRA to block identity theft information (section 605B), calls for the consumer having submitted an identity theft report.

See section 605B(a)(2).

 Section 605B also requires a statement by the consumer that the informatition does not relate to any transaction by the consumer.  See section 605Ba)(4).

The FTC affidavit would fulfill that requirement, but the FTC affidavit is not an identity theft reprt as defined in the FCRA.

I see no violation on the part of the CRA in requring a police report as a condition of blocking.

[guiness56]

It says to file the affidavit with the PD but I guess that is the same thing.  Yes, it is a catch 22.

Why wouldn't they take a police report?

[James1992]

Ah but the rub is..

The police have refused to take a report.

As a result I can't get them items blocked.. well.. EX and TU blocked them. EQ has NOT and *will not* without the police report.

Which I can't get.

[RobertEG]

They will often view, from their law enforcement perspective, a mere assertion as not sufficient to warrant a report.

They dont understand the consumer's need for such a report in order to put in effect their rights under the FCRA.

I would suggest calling the office of your state AG, who will understand the legal need, and perhaps make a call to the polcie station on your behalf.

[James1992]

Odd thing.. I went and looked at EQ's site..

Maybe my phone arguement with the folks at EQ did something..

When I go to look at the most recent copy of my report it has the three items.. but if I go to the dispute center, it now says I have NO NEGATIVE and NO COLLECTIONS on my report.. Hrmmm.....