Fraud Alert Question

[rckstrscott]

I sent some GW letters to remove some inquiries.. In the letter I didn't say it was fraud, I basically said I wasn't quite sure what I was getting into and that if they wouldn't mind removing the inquiry that would be great. I am in the need of a couple points, nothing major so I figure this would be a decent approach.

Well anyway, I find out in hindsight that removal of hard inquiries can set off a intial fraud alert for 90 days. That's fine I suppose.

Can I call to have this removed? Or are letters involved?

Second question is: if I don't remove the temporary fraud alert, can other companies/entities still remove information from it? I have some GW adjustments pending in regards to a few PFD's and I don't want those to get rejected because of the fraud alerts.

Any insight? Is it anything I need to worry about? I won't be applying for any credit in the next 90 days anyway, just trying to make sure that negative information I am workin to remove will still be removed.

Thanks

[RobertEG]

I am a bit confused at how a fraud alert was placed on your credit file at the request of anyone other than you.  I think the creditor shared in my confusion.

Both initial fraud alerts (FCRA 605A(a)(1)) and extended fraud alerts (FCRA 605A(b)) are only authorized to be placed in a consumer's credit file upon "direct request of a consumer, or an individual acting on behalf of, or as a personal representative of a consumer."  I know of no provision of the FCRA that permits a fraud alert to be placed in your credit file without your "direct request."  Apparently, the creditor misinterpreted your good-will request, and told the CRA it was acting on your "behalf" in submitting your request for a fraud alert in your file.  Rather than asking the creditor to act on your behalf by ordering its removal, you can just do it yourself.

The consumer can always request the removal of a fraud alert at any time.  Intent of the FCRA was to manage consumer requests relating to fraud alerts "in a simple and easy manner, including by telephone."  FCRA 605A(d).  You should be able to get it removed by a simple phone call, provided you satisfy proof of identity to their satisfaction over the phone

Fraud alerts, either initial or extended, relate to the extension of credit, credit limits, exclusion from listing your name and address from parties making promotional offers for credit, and notice in your CR that you do not authorize, without express prior consent, the extension of any new credit.  There is no provision of the FCRA that limits permissible pulls of your CR (just some restrictions on the use of information in your CR) while under a fraud alert, or that prevents the correction or deletion of information from your credit file.

A fraud alert should not hinder the handling of either GW letters or correction of inaccurate credit reporting via the dispute process.  Those relate to retrospective matters.  However, that does not mean that a creditor might not be hesitant to make any reporting if they see presence of a fraud alert, so if the alert is not serving any useful purpose for you, I would suggest you call the CRA and have it removed.  Then it becomes a non-issue.

[rckstrscott]

Thanks Robert;

I never asked for this fraud alert to be put on. When the company agreed to remove the inquiry, they sent back a form letter that talked about fraud, and I was like **bleep** is this... haha

Then I got the fraud alerts on all three reports..

oh well, I'll call them tomorrow!

THX

-scoty