topic Re: Identity theft, need advice on next steps in General Credit Topics

Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 05:02:56 GMT

Last week I mailed all required documents to all 3 cra's. The tracking number shows that they were all delivered on Friday. I called Transunion yesterday, and equifax today, both said the system didn't show any documents received yet. The fcra 605b states that they have 4 business days from when they received the information to block the items from my report. Since I have proof showing it was delivered Friday, what next steps should I take if when I call tomorrow (the 4th business day) they still claim they don't have it? I'm a bit out of my depth, but really need to get this taken care of. Some guidance would be much appreciated!

Re: Identity theft, need advice on next steps

RobertEG — Thu, 14 Apr 2016 05:31:34 GMT

There seems to be a differeing opinion on the facts.

If they all assert that they have not received any documents relating to the requested block, then it is hard to impose any requirment on them to do so.

Perhaps resendng the documentation.

The normal process is to file a complaint with the CFPB when a party has violated a a requirment of the FCRA, or to bring civil action with the courts.

However, if they are stating that they have not received the information, it is not likely that anyone will or can impose any sanctions..

Re: Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 14:23:53 GMT

Alright, thank you for the information. I'm on the phone with Equifax now, and waiting for the fraud department. Hopefully I have better luck today. I'll be calling Transunion next.

Re: Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 14:31:50 GMT

They are saying they recorded the documents, but are giving me a lot of pushback on having the items blocked. They're saying they need confirmation from the creditors. I'm waiting for a supervisor now

Re: Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 15:05:32 GMT

@Anonymous wrote:
They are saying they recorded the documents, but are giving me a lot of pushback on having the items blocked. They're saying they need confirmation from the creditors. I'm waiting for a supervisor now

That is utter BS. FCRA only requires that they NOTIFY the creditors of the block. Creditors' "confirmation" is in no way required. Look it up and read it to them verbatim, if need be. Inform them flat out that if they do not comply with the law AS IT IS WRITTEN, your next step will be to file suit in court to force their compliance.

Re: Identity theft, need advice on next steps

RobertEG — Thu, 14 Apr 2016 17:30:51 GMT

The entire intent of the identity theft process revisions to the FCRA was to remove creditors from the process, and to permit consumers to get information blocked from their credit report simply by filing a statement with law enforcement that makes the assertion under crimanl penalty for any knowingly false statments

FCRA 605B. Block of information resulting from identity theft

[15 U.S.C. § 1681c-2]

(a) Except as otherwise provided in this section, a consumer report-ing agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of –

(1) appropriate proof of the identity of the consumer;

(2) a copy of an identity theft report;

(3) the identification of such information by the consumer; and

(4) a statement by the consumer that the information is not information relating to any transaction by the consumer.

Re: Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 18:47:27 GMT

This has been frustrating! The supervisor was no help, and said the exact same thing. That they had to wait 30 days for the creditor to respond. Since they obviously did not understand there obligation I asked for their supervisor as well. They placed me on hold then hung up... I'm calling back now. I haven't been able to call Transunion yet.

Re: Identity theft, need advice on next steps

RobertEG — Thu, 14 Apr 2016 18:53:39 GMT

The CRA only refers to the furnisher if the issue is a dispute under FCRA 611.

You are not disputing, you are invoking the right to have the identity theft information blocked from your credit report.

That requires no referral to or additional input from anyone.

Inform them that you are sending a formal complaint to the CFPB for their clear refusal to comply with FCRA 605B.

Re: Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 19:10:33 GMT

Equifax is by far the WORST in terms of how they treat consumers.

I would simply draft an ITS (Intent to Sue) letter, clearly citing the relevant statute (FCRA 605B), and that they have recieved the required documents but have failed to follow the law as written, with CS supervisors citing a nonexistent "requirement" to get confirmation from the creditor. Cite the relevant portion that merely requires "notification" of the creditor of the blockage, and state that "notification" is not confirmation. Give them three business days from the reciept of your letter to block the item as required under the law, or you intend to seek legal redress for their failure to do so, which may leave them liable for fines, and legal fees.

Re: Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 20:01:00 GMT

Okay, I think that's my only option. I called Transunion as well and they are saying the same things. It's as if the fraud teams have never heard of the 605b or dealt with it before. I'll draft it today and have it sent priority. This is so frustrating.

Re: Identity theft, need advice on next steps

Anonymous — Thu, 14 Apr 2016 20:25:08 GMT

Transunion legal fax number

Re: Identity theft, need advice on next steps

Anonymous — Sun, 24 Apr 2016 00:00:57 GMT

Just updating in case anyone else in a similar situation is reading. Had zero luck on the phone with Transunion and Equifax. I faxed an Intent to Sue letter to both of them on Tuesday evening, using the dispute fax numbers I found on this forum. The letter quoted the 605b requirements, went over what I'd already sent in, and stated they had 3 business days to remove. Today (Saturdat) I was notified that Transunion removed all 3 of the accounts disputed! Hoping equifax follows suit on Monday.