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Experian Reinstated Identity Theft Account

Alphabetical
Established Member

Experian Reinstated Identity Theft Account

I feel like I was just punched in the stomach. Last year I spent MONTHS restoring my credit after my ex husband used my name to obtain credit and ruin my existing accounts. Finally everything was back to normal when late this summer Experian sent me a letter saying had reinstated one of the fradulent accounts.  The letter said this was because they obtained new information about the account. I called in and spoke to multiple reps and supervisors who could not say was this new information was or why it justified putting a fradulent account back on a consumer's report. They claimed it is "propietary information". Anyway I fought them pretty hard but they refused to remove it.  The card company itself also will not explain what this secret information is or why they think it gives them authority to override the police report, affidavit etc.

 Shortly after that I applied for a credit card and had no problem being approved, so I figured it wouldn't hurt me too bad since my other two scores are great.  I'm planning to buy furniture next months so today I sat down to find a good card with 0% introductory APR.  I applied for and was denied for THREE separate cards.  I went to CCT to make sure there wasn't anything going on with my other files but they are still great.  Experian has me at 644, the other two scores are about 100 points higher.   I looked a few breakdowns of which credit card companies pull from Experian and it seems they all do, at least some of the time.  I thought I was done with this mess ruining my life. I feel so defeated right now. I don't have the time or energy to spend hours researching how to best handle this, and I can't afford a lawyer.  This is so unfair. Needless to say I could really use some advice and motivation right now.  I don't want to let his crimes negatively affect my life for the next 6+ years.

Message 1 of 7
6 REPLIES 6
ABCD2199
Senior Contributor

Re: Experian Reinstated Identity Theft Account

If it was me, I'd be hiring a local attorney with experience in suing and negotiating with the CRAs.  In your case if you want to avoid some costly legal fees, you can try writing to the FTC and CPFB (by mail, not by phone) and including your story and your documentation (the more the merrier).

 

Since you may have been financially harmed by their possibly illegal reinsertion, you may be due damages as well, but only a lawyer can tell you if that's the case.

Message 2 of 7
RobertEG
Legendary Contributor

Re: Experian Reinstated Identity Theft Account

The CRA can only reinsert information blocked as a result of an identity theft affidavit if one or more of the conditions set forth under FCRA 605B(c)(1) are present.

Notice of the rescission of a block is then required to be provided to the consumer in the same manner as is required when information that was previously deleted from a consumer's credit report after a prior dispute is reinserted, using the notice requirement set forth under FCRA 611(a)(5)(B).

 

The first legal question is thus whether the furnisher of the rescinded identity theft information provided a certification of accuracy to the CRA in support of the rescission.  Did the CRA identify the furnisher and state that they submitted a certification of accuracy?

Inherent in that process is identification of the information that serves as the basis for the certification.

What, exactly, did the CRA provide in their rescission letter?  Did they explicitly state either that the information was blocked in error, there was a material representation of fact by the consumer (i.e., you), or that you took possession of goods or services from the furnisher?

 

Provided below is a full copy of the relevant provisions of FCRA 605B and 611(a)(5)(B) that comprise the rescission requirements:

 

“FCRA 605B (c)   Authority to Decline or Rescind

(1) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that
   (A)the information was blocked in error or a block was requested by the consumer in error;
   (B)the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block; or
   (C)the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.
(2)Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 611(a)(5)(B).

 (3) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.”

 

“FCRA 611(a)(5)(B)  Requirements Relating to Reinsertion of Previously Deleted Material
(i)
Certification of accuracy of information. If any information is deleted from a consumer’s file pursuant to subparagraph (A), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.
(ii)Notice to consumer. If any information that has been deleted from a consumer’s file pursuant to subparagraph(A) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing

not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

 (iii)Additional information. As part of, or in addition to, the notice under clause (ii), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion

      (I) a statement that the disputed information has been reinserted; 

     (II) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information; and
     (III) a notice that the consumer has the right to add a statement to the consumer’s file disputing the accuracy or completeness of the disputed information. “

Message 3 of 7
Alphabetical
Established Member

Re: Experian Reinstated Identity Theft Account

I have already filed a CFPB complaint. A rep for the OC (Discover) wrote a books as his response, which was FULL of inaccuracies, and then closed the file so I was unable to respond. I called the CFBP and they explained that companies can do this, and the CFPB has no authority to enforce rules or fairness, they just act as a platform for consumers to bring their issue to the company's attention and hopefully work it out with them (in addition to advising Congress and law enforcement of violation trends and making legislation recommendations, but that's neither here nor there). Also called FTC who said there is nothing they can do, just kept referring me to their affidavit which I had already provided to the company and the CRA.
Message 4 of 7
Alphabetical
Established Member

Re: Experian Reinstated Identity Theft Account

Their letter said it could have been reinstated due to any of the three reasons and didn't specify which one. When I pressed them on the phone they were equally as vague, but a rep eventually alluded to it being material misrepresentation of fact (ie, they thought I was lying), but she acted like she wasn't allowed to tell me, and wouldn't state clearly whether that was the case or not. I found that unacceptable and talked to a supervisor, who gave me even less information than the rep.
Message 5 of 7
RobertEG
Legendary Contributor

Re: Experian Reinstated Identity Theft Account

It sounds like time to bring civil action for violation of the FCRA requirement, which will then force them to disclose specifically how you misrepresented material facts.

You are appartently beyond resolving the issue administratively, and need the civil discovery process and review by a judge.

Message 6 of 7
ProfGoGetter
Frequent Contributor

Re: Experian Reinstated Identity Theft Account

Was this an account that was disputed normally, or was this a 605B fraud blocked account? I have had accounts get deleted and then reappear when the bureau in question didn't actually fraud block as requested, but usually once it's gone via fraud block it stays gone. This required an FTC affidavit, police report, and a whole lot of other documents proving my case.

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Message 7 of 7
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