topic Re: Best forum and credit reports for ID Theft? in Rebuilding Your Credit

Best forum and credit reports for ID Theft?

Anonymous — Mon, 17 Dec 2018 15:23:09 GMT

I'm using the FTC recommendations for reporting ID theft. It says to include an up to date report. Where can I get individual credit reports from each CRA? Can't find it for Transunion. Only timerge. Or can I use my Equifax tri report? I don't want to give them any excuses.

Re: Best forum and credit reports for ID Theft?

Medic981 — Mon, 17 Dec 2018 16:58:06 GMT

@Anonymous wrote:
I'm using the FTC recommendations for reporting ID theft. It says to include an up to date report. Where can I get individual credit reports from each CRA? Can't find it for Transunion. Only timerge. Or can I use my Equifax tri report? I don't want to give them any excuses.

Credit Bureau Contact Information

Equifax. Equifax.com/personal/credit-report-services. 800-685-1111.
Experian. Experian.com/help. 888-EXPERIAN (888-397-3742)
Transunion. TransUnion.com/credit-help. 888-909-8872.

Re: Best forum and credit reports for ID Theft?

RobertEG — Thu, 20 Dec 2018 21:01:26 GMT

I would recommend annualcreditreport.com for the most thorough credit reports, and additionally because they are also sanctioned by the FTC as fully meeting the FCRA mandate for supplying consumers with a free, complete credit report.

The annualcreditreport.com web process was established under the approval of the FTC as fully meeting the substance requirements for a required annual report available to consumers. Other reports do not have that stamp of approval.

However, if what you are seeking is block of the information from your credit report, that is covered under the provisions of FCRA 605B.

Section 605B does not require that the consumer provide a copy of the credit report. It only requires that the consumer present a copy of a police report, proof of identity, and a statement that the identified information is related to the assertion in the police report of identity theft (such as by use of the approved FTC affidavit).

While including a copy of your credit report may be prudent, as it can be used to show that the information requested to be blocked is actually in your credit report, the police report and other info required to be submitted to the CRA is adequate under the statute.

Since it is being sent to the CRA, which clearly has access to the consumer's credit file, it is kinda redundant to require the consumer to provide such showing by submitting a copy of a credit report obtained via the CRA as evidence of what the CRA can readily see from thir own files.

That is likely the reason why no such requirement was included in the statute.

Re: Best forum and credit reports for ID Theft?

Anonymous — Tue, 18 Dec 2018 22:28:40 GMT

I wonder why the FTC asks you to include it and circle the bad accounts as well as listing them. They also say there's no need for a police report anymore. See https://www.consumer.ftc.gov/blog/2017/04/most-id-theft-victims-dont-need-police-report

@RobertEG wrote:
I would recommend annualcreditreport.com for the most thorough credit reports, and additionally because they are also sanctioned by the FTC as fully meeting the FCRA mandate for supplying consumers with a free, complete credit report.
The annualcreditreport.com web process was established under the approval of the FTC as fully meeting the substance requirements for a required annual report available to consumers. Other reports do not have that stamp of approval.

However, if what you are seeking is block of the information from your credit report, that is covered under the provisions of FCRA 605B.
Section 605B does not require that the consumer provide a copy of the credit report. It only requires that the consumer present a copy of a police report, proof of identity, and a statement that the identified information is related to the assertion in the police report of identity theft (such as by use of the approved FTC affidavit).

While including a copy of your credit report may be prudent, as it can be used to show that the information requested to be blocked is actually in your credit report, the police report and other info required to be submitted to the CRA is adequate under the statute.
Since it is being sent to the CRA, which clearly has access to the consumer's credit file, it is kinda redundant to require the consumer to provide such showing by submitting a copy of a credit report obtained via the CRA as evidence of what the CRA credit file/report shows.
That is likely the reason why no such requirement was included in the statute.

Re: Best forum and credit reports for ID Theft?

RobertEG — Tue, 18 Dec 2018 22:41:33 GMT

The FTC is not advising that you no longer need a police report.

It is advising that filing a report with the FTC can qualify as a subsitute for a police report.

FCRA 605B mandates the inclusion of what the FCRA calls an "identity theft report," which is defined under FCRA 603(q)(4) as a report filed before a federal or state law enforcement agency that carries criminal penalties for any knowingly false statement.

They are stating in the referenced article that an affidavit filed with the FTC that idenfies the information assereted to have occured as a result of someone else having used your identity without your knowledge is an "identity theft report" within the meaning of FCRA 605B

A police report is thus one, but not the only, type or identity theft report accepted under section 605B.

Re: Best forum and credit reports for ID Theft?

Anonymous — Tue, 18 Dec 2018 22:48:50 GMT

So the Identity Theft Report qualifies as a police report. What else would? Shouldn't a notarised affadavit do the same?

@RobertEG wrote:
The FTC is not advising that you no longer need a police report.
It is advising that filing a report with the FTC can qualify as a subsitute for a police report.

FCRA 605B mandates the inclusion of what the FCRA calls an "identity theft report," which is defined under FCRA 603(q)(4) as a report filed before a federal or state law enforcement agency that carries criminal penalties for any knowingly false statement.
They are stating in the referenced article that an affidavit filed with the FTC that idenfies the information assereted to have occured as a result of someone else having used your identity without your knowledge is an "identity theft report" within the meaning of FCRA 605B
A police report is thus one, but not the only, type or identity theft report accepted under section 605B.

Re: Best forum and credit reports for ID Theft?

RobertEG — Wed, 19 Dec 2018 02:02:05 GMT

The distinction made under the FCRA is that the report be made before a law enforcement agency that imposes criminal penalties for any knowingly false statements. The agency must be governmental.

No, an affidavit that is composed by and witnessed by a notary does not qualify as an "identity theft report" under the FCRA, as it is not made before a law enforcement/government agency.

A police report that is a form of identity theft report if made before a law enforcement agency.

The FTC article opines that the term identity theft report can broadly be interpreted as being before a government body that is not considered to be a conventioal "police force," with the key provision being that it is made to an agency that can impose criminal penalties for knowingly false statements.

The FCRA does not explicitly state that the FTC interpretation is supported by the statute.

Thus, to be sure that the CRA does not reject an FTC affidavit as not being an "identity theft report" within the definition provided in the FCRA on the grounds that is was not made before a law enforcement agency, which is a plausible interpretation, I would strongly advise including a police report made before a clearly recognized law enforcment agency in any section 605B request for blocking of information from your credit report.

Re: Best forum and credit reports for ID Theft?

Anonymous — Wed, 19 Dec 2018 09:41:35 GMT

In my area the local police and county police don't issue reports for ID theft. Some states don't require the police to participate. Is there another police entity I can go?

So if they refuse to take only an ID theft report, they would not be in violation? I think they are since the FTC is the governing agency, it's more than just an opinion. It's a response to complaints by the police departments. They don't like their resources being expended for credit repair.

@RobertEG wrote:
The distinction made under the FCRA is that the report be made before a law enforcement agency that imposes criminal penalties for any knowingly false statements. The agency must be governmental.
No, an affidavit that is composed by and witnessed by a notary does not qualify as an "identity theft report" under the FCRA, as it is not made before a law enforcement/government agency.

A police report that is a form of identity theft report if made before a law enforcement agency.
The FTC article opines that the term identity theft report can broadly be interpreted as being before a government body that is not considered to be a conventioal "police force," with the key provision being that it is made to an agency that can impose criminal penalties for knowingly false statements.

The FCRA does not explicitly state that the FTC interpretation is supported by the statute.
Thus, to be sure that the CRA does not reject an FTC affidavit as not being an "identity theft report" within the definition provided in the FCRA on the grounds that is was not made before a law enforcement agency, which is a plausible interpretation, I would strongly advise including a police report made before a clearly recognized law enforcment agency in any section 605B request for blocking of information from your credit report.

Re: Best forum and credit reports for ID Theft?

RobertEG — Thu, 20 Dec 2018 21:03:29 GMT

Yes, there are numerous reported instances of police departments, particularly if local, refusing to become involved in filing of police reports for unspecified identity theft assertions. They dont appreciate the requirement of credit reporting law that the consumer needs a police report in order to obtain block of information from their credit reports. Their focus is primarily upon whether they will likely investigate, and if not, they dont need the report. They dont consider the needs of the consumer vis-a-vis credit reporting removal.

I would suggest either going to a state police office or contacting your state office of the attorney general, who will understand the consumer need in addition to only the police viewpoint of avoiding the work. The AG might make a call to your police station and instruct them to take your report so that you can then obtain your credit report blocking rights under FCRA 605B.