FCRA 605B block apparently in place

[itsjustme2111111]

So I have a few questions ? I'm having some trouble with my fcra 605b request.

3 accounts were blocked off Experian and came back like 4-5 days later.

do I have to send the creditors a letter for this to work? I'm wondering what I did wrong 

[CrSter]

I sent my notices both online and via certified mail.  You must satisfy the statute closely and include a copy of your ID, copy of the police report(s), and your request in order to set up a lawsuit since that is the next step if they ignore your requests.  As I recall, I did get some oddball responses from the credit bureaus to the effect of that something was inadequate or missing in my requests, but I just kept pushing until the job got done.

Also the police report(s) must concern identity fraud which includes when your credit cards are used by someone fraudulently.

[itsjustme2111111]

So resend via mail and upload , and if it's blocked and then returns I should send an intent to sue letter ? To the credit reporting agency ? 

[CrSter]

You need to hire an attorney to know exactly how to proceed if your intent is to sue, but no - you do not threaten to sue in your notice you just stick to the statute and make your request to block and maybe outline how you are being damaged.  An attorney will not want you to mention a lawsuit because they will want to maximize damages.

You also mention only Experian, you need to contact every credit bureau where the account is appearing not just one.

[itsjustme2111111]

Ok I will look into that. I can't believe I'm the only one who's accounts are coming back ;(

[CrSter]

It could depend on what kind of accounts.  You mention three.  If you mean that three credit cards of yours were used fraudulently, that is unlikely in the eyes of the bureaus.  If you mean that three accounts were opened in your name without your knowledge, again unlikely in the eyes of the bureaus.  So that could have something to do with it.  In my case it was just one stolen credit card, which probably happens to many people frequently.

Anyway if you have an in person police report that mentions identity fraud, you should be able to get the job done.  Anything short of that type of police report might not work.  Also you should be getting a notice from the bureaus as to why they did not block your accounts.  AS I mentioned above, the federal statute does not require the bureaus to notify you when they block, but it does require them to notify you when they bring the accounts back or decline to block.

[JimmiS]

I found that if their AI system sees you are going to persist, they will give in. But it's at random. Sometimes you hit on the first dispute. At worst I've found by the FOURTH dispute it always gets removed. Google the e-Oscar codes and word it the same way every time.

[JimmiS]

An FTC report has the same legal weight as a police report. Both are affidavits stated before a "law enforcement agency."

[lc_credit]

Hey, first of all, thanks a lot for documenting your process so well as a resource for others, I know its definitely helped me.
I've been going through a identity theft situation for about 2 months now... It's ridiculous how hard it is just to get these credit reporting agencies to follow the law! (FCRA § 605B (15 U.S.C. § 1681c-2)
Anyways, I am really considering my next steps, and I am trying to decide whether or not pursuing litigation will be worth it (monetarily and time/stress-wise...)
I know its a very sensitive subject but I am inclined to ask you how your litigation went and the outcome of such with the CRA's....

If I was to pursue litigation with the CRA's, given I have a good case against them, would I stand to receive damages from the CRA's (through a settlement or elsewise) in any substantial amount? (I would venture to say "any substantial amount" to me atleast, would be anything over $1,000$ after the cost of lawyers is covered.)
I would really appreciate a reply, and again thanks for sharing your experience with us to help others along their journey!

[CrSter]

I am in California.  If you are too, I can refer you privately to the firm I used.  I also know of a good firm in Texas.  In my case, multiple firms were willing to take the case on a contingency basis, and I paid nothing at all all along the way and the firm that handled my case racked up tens of thousands in costs and fees along the way - but, the law provides for their getting their attorney fees in these actions which is why a cottage industry has blossomed with firms handling these things.

However, I wouldn't even say that litigation is why the credit bureaus folded in my case and removed (blocked) the offending credit card account from my reports because - this happened just BEFORE we filed the lawsuit.  However, maybe the lawsuit ensured that it never came back.

As I have mentioned - although a FTC Identity Theft dot gov report should be enough to get the job done, my experience was that only an in person filed police report was adequate to get the credit card company and credit bureaus to take action.  And ideally, that police report should mention "identity fraud," which identity fraud does include someone stealing your credit card and using it because by doing so they are assuming your identity.  Supposedly the way you are supposed to do it is to FIRST file the FTC Identity Theft dot gov report and then take that to the police station to file your in person police report, but I actually forgot to bring that FTC report with me to the police station.

By the way, besides filing complaints with the Consumer Fin Protection Bureau (CFPB) and Comptroller of the Currency (OCC), there is a non profit organization that may guide or help you, called the Identity Theft Resource Center (idtheftcenter dot org).  Although the IDTheftCenter doesn't help with actual complaints against the bank or credit bureau, simply mentioning that they have advised you in the matter in your letters may prompt action.