2 Part Question - Credit Validation & CRA removal

[Anonymous]

Forgive the length ahead of time. If I am in the wrong catagory for this post, please forgive me I am new. 

In October 2017 I checked my credit on CK after being turned down for a loan. Found a bunch of stuff on there wasn't mine. This will be a two Part Question actually. 

I had most of the debt removed. 

1) I have one creditor (State Collections) who I requested validation. They claim it is my debt. It is not.They are sent me an itemized statement. They state they have sent me a bill in the past. This is false. I have never seen a bill. They claim they sent it to the address I live at now in 2014. I moved to the address I live at now August 2015. They now are claiming they have to have an "Inpatient/Outpatient General Consent and Finacial Statement Agreement bearing [my] signature, Income Address Certification bearing [my] signature; Emergancy Care Center Sign-in Form; and, [the] Creditor provided a copy of [my] driver's license". 

(This quote is from their response from the Consumer Finacial Protecion Bureau complaint)

My question is this is a violation of HIPAA to provide a person's driver's license?

Although I am interested in the copy of the driver's license despite the statute of limitation expiring on charges since the original crime was in 2013. 

2) I have had other items removed from my Transunion report. I have sent a copy of the Transunion's decision with supporting evidence to the other CRAs. They have yet to remove them. 

Is there is a "trick" to removing them quicker? Or is it a hurry up and wait game? 

Thank you in advance to any help. 

[RobertEG]

HIPAA restricts the disclosure of medically related information, such as type of illness and specifics of medical care/procedures.

How is your driver's license considered a violation of disclosure of health care information?

Additionally, HIPAA provides as a specific permissible purpose the disclosure to and retention by debt collectors of sufficient information that is necessary to pursue collection of a medical debt.  It would seem that proof of your identity as part of their validation of the your obligation for the debt would clearly be information that is not medical per se, and is part of normal collection on a debt.

I do not see a HIPAA violation.

As for use of showing of deletion of information by one CRA as basis for requiring deletion of the information from other CRAs, that is usually not sufficient.  Credit reproting is voluntary, and a furnisher can always choose to delete with one or more CRAs without deletion with all.  It is only if a prior dispute with one CRA results in clear acknowledgement by the furnisher that they cannot verify or correct the information that any requriment to report deletion with other CRAs is mandated.

Do you have clear evidence that items removed from your TU report were done after admission of the furnisher that the accuracy could not be verified?

[Anonymous]

Thank you for answering part one RobertEG.
In terms of part two, when I noticed the identity theft on my report I took the following steps.
1) filed police report.
2) filed identity theft affidavit with FTC
3) filed identity theft affidavit with USPS
4) sent certified, return receipts to all creditors with copies of all of of the above.

When the above sent the statement back, I sent them my lease proving I lived in another city making it impossible for them have sent it to my current address.

The company in TU deletion is clearly listed in their decision on paper which I sent them in an additional follow up letter, as well the CRAs. The letter was sent to me from TU. I copied it and had it notarized. I sent it to the other CRAs and the collection agency in an effort to have it removed.

Sorry if I come off redundant.

[Remedios]

Why don't you ask for that same information to be forwarded to you?
If it's your driver's licence, the debt is yours( unless you're claiming that DL was stolen ).
If the licence is clearly not yours, you can use that along with your real license for your dispute with CRAs.
I am not doubting your identity theft claim, but it's a lot easier to notice stolen DL vs. somebody opening a CC account in your name.

[Anonymous]

They are sending me full info (e.g. D.L., documentation bearing signatures, etc). It was sent it in 2/21. Unfortunately the statute of limitations has passed to press charges on who ever stole my identity.

They seem to be a company no matter what you send them, they don't care. I didn't even live in the state at the time. I'm just more pressed to find out how to get this matter resolved.

[Remedios]

I think your best bet is to wait till the documentation is forwarded to you.
Again, if a person used your identity to get a fake DL issued, they will look nothing like you. You can use that, along with other proofs of identity to show it's not you.
Also, consulting an attorney is never a bad idea, especially if we're talking about a larger dollar amount.
One thing I find puzzling is stealing someone's identity only for one hospital/doctor visit, especially if it involves risky moves such as fake DL.
The person would of have to get a licence with the intent to get medical care, clearly a premeditated move.
If this was an urgent visit, there would have been no time to go get the fake license, then head over to the hospital.
Are there any CC accounts opened in your name and do you have fraud alerts placed on your reports with all three CRAs?

[RobertEG]

If your issue is that someone else has used your identity, and thus a debt was not authorized by you, the FCRA was amended to provide an identity theft process that avoids any involvement of the creditor or debt collector in getting the information related to that debt removed from your credit report.  It dispenses with both sides providing evidence, and then ruling on whether the consumer did or did not authorize the debt.

See FCRA 605B, and the detailed sticky posts provided in the upper section of the General Credit Topics Forum, titled Victim of Identity Theft, for a detailed discussion of the process.

In its basic form, FCRA 605B relies upon an assertion by the consumer, without any involvement of the creditor or debt collector, to block the information from their credit report, PROVIDING the consumer is willing to put the assertion of fraud or identity theft into the form of a sworn police report, which carries criminal penalties for knowingly false statements.

The original post references the sending of affidavits and filing of a police report, but does not state specifically that they were all sent to the CRA as part of a request to block the identified information from the consumer's credit report.

If you include each of the items of information required under FCRA 605B in a communication directed to the CRA, then the CRA must block the information from your credit report.

[Anonymous]

From looking at the timeline according other fraudulent collections I've already had removed, the identity theft had/was committed in approximately 2010/2011. This particular account was in 2013. So I'm assuming who ever had my DL at that point still was using it.

The other accounts were credit cards, a Sprint account, and a high risk merchant account. They've all been removed. Thanks to the help of my local police department.

I've put a fraud alert on my CRAs. I'm being very proactive on this. I don't want this happening again. It's a nightmare at this point.

Thank you for your advice on the attorney. I would have never thought of it RobertEG.

[Anonymous]

Update:

I got the information in the mail today. It included a copy of the DL the person presented.

It's a case of family stealing identity.
The signature on the documents are scribbles. However, the DL photo is a family member who lived with me for several years until 2009 and had full access to my home. They moved back to the state where my family lives.

I'm going to my local PD. I don't know if there is anything they can do since the statute of limitations is 3 years.

Now I get the 'pleasure' of confronting this family member since I will assume she is the one who racked up around $65k in bills that I got knocked.

[Kree]

Sorry to hear that it was family. Congratulations on your eventual vindication.