EQUIFAX NOT HONNORING FCRA 605B

[Abelcrdn]

Hi ! I have contacted all three bureas and submitted the Police report copy of my DL and social along with the ID theft form. Both Transunion and Experian had them blocked within 48 hrs. However Equifax is not saying it needs to do a 30 day investigation. I have tried to explain to them it was fraud and i have supplied the docs they asked for but am being told since it is in a dispute statud we have to wait for the to end. Is this true? I have called and spoke to multiple people. I have also filed a compalint with the FTC in order to add pressure. Does anyone have any other suggestions? This is holding up my home loan. Please help! 

[RobertEG]

FCRA 605B (c) explicitly sets forth reasons the CRA must provide in order to deny or rescind a block of information from your credit report.

The reasons are:

1. the information was blocked in error, or the consumer requested a block in error;

2. the information was blocked, or the block was requested by the consumer, on the basis of a material representation of fact by the consumer relevant to the request to block; or

3. the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.

They did not provide one of the statutory reasons that permit them to deny.

Additionally, the asserted reason of conducting an investigation is not a condition of blocking under section 605B.

The very implementation of the identity theft process was based on the intent of congress to remove any investigation by the furnisher or CRA, with blockage based only on an assertion of the consumer that is supported by a sworn police report.

I would follow your complaint to the FTC with a complaint to the CFPB.

If you wish to place additional pressure, you could file a civil complaint against the CFPB for violation of the clear provisions of FCRA 605B(c).

[Anonymous]

The same happen to me. Transunion sent me a letter saying that they didn't place a block. Stated the three possible reasons and said I had to wait 30 days for the investigation to be over with for the results

[Abelcrdn]

So my wife is a victim of ID theft and we are in the process of buying a home. There has been one auto loan account that was open frauduently and has been block through TU and EX with police report, ID theft form, letter and ID. However EQ has been so challenging in this saying I need to wait 30 days to hear a response even though it is fraud. I have filed a CFPB complaint and just received an email staying "Hello,
Thank you again for your complaint 170505-XXXXx about EQUIFAX, INC..
We expect companies to respond to every complaint within a reasonable amount of time. We forwarded your complaint to the company, unfortunately, they have not responded in full to your complaint and are now late in getting back to you. This is unacceptable, and we regret that you’ve had to wait this long for a response."



What happens from here? I have supplied the same documents to them as I did with the other two! Anyone help? Or ideas? I need help

[Anonymous]

Equifax is terrible about verifying incorrect data. We were a victim of id fraud that resulted in a Federal Tax Lien. We got the IRS to withdraw it.  Even with an IRS withdrawal notice Equifax verified it twice for both me and dw. I filed a cfpb complant last week against them and sent a copy of the withdrawal. Normal time is 15 days for cfpb cases they say but even with my disputes they always seem to take the full 30 days.    I would send the police report and any other supporting docs ie other address of criminal if you have it. 

[RobertEG]

If the CFPB is not resolving your complaint, you have the option of filing civil action against the CRA for not complying with the provisions of FCRA 605B.

If you have fully complied with the requirements of FCRA 605B(a), which sets forth the items required to block identity theft info from your credit report, and the CRA is imposing an investigation requirement that is clearly not part of the block procedure under section 605B, then you can sue the CRA for damages.

That may be necessary in order to gain their compliance.....

[Anonymous]

@Abelcrdn

I merged the thread you started today in Rebuilding Your Credit into this one.  You have started 4 different threads on this same topic.  While i undertand the matter is important, this is very confusing to those who are trying to assist and is potentially a violation of MyFICO's Forums Terms of Service.  Please keep your posts on this matter in one thread from here on.  Thank you