Fraud account issues

[aircobra]

A few months ago I noticed an account that was opened in my name fraudulently. It was a Wells Fargo charge-off that had a $0 balance. I filed an ID Theft Report with the FTC and sent it to the 3 bureaus. It was removed within the week and I figured it was taken care of (for whatever reason TU never bothered to add a fraud alert, even though they're the ones that notified EQ and EX, who both put one on). About a month ago, it was added back to my TU report and was told it was because Wells Fargo confirmed it was valid because the information on file matched mine (well, no kidding ), along with communications they claim they had with me. Needless to say, I was a bit confused. I did some digging and found out that a family member was responsible for it. He ended up paying it off last year (apparently with a checking account he also opened in my name) because he felt bad or something, but never bothered to tell me.

Now, I am not looking to press charges or get him in trouble (the balance was less than $500 and he did pay it off) but it seems I am stuck with this on my TU report unless I file a police report? Because I filed a complaint with the CFPB and gave TU and Wells Fargo the ID Theft Report that I originally made (before I knew what happened). I am also worried that because I filed a complaint with the CFPB, that Wells Fargo will try to get it added back to my EX and EQ reports as well. Should I call Wells Fargo and explain what happened? Should I update the ID Theft Report and send it to TU again?

[iv]

You don't want to get him in trouble, but he has no problem opening (and defaulting on) accounts using your ID?

File the police report.

[AverageJoesCredit]

The moment a family member starts stealing your id they no longer become family but just member.

[calyx]

Whether or not your family member deserves punishment aside - I would recommend just calling WF.   I had a single fraudulent account with another institution and talk to their fraud department and they were kind enough to take it off of my reports.

I hope you've frozen your credit reports, too.   You don't need this family member (or any other) to have the opportunity to do it again.

[aircobra]

---

@calyx wrote:

Whether or not your family member deserves punishment aside - I would recommend just calling WF.   I had a single fraudulent account with another institution and talk to their fraud department and they were kind enough to take it off of my reports.

I hope you've frozen your credit reports, too.   You don't need this family member (or any other) to have the opportunity to do it again.

---

Thanks, I will try that today. And yes, I locked all 3 reports. EX and EQ still have fraud alerts on them as well.

[RobertEG]

To handle the clear problems arising with credtior verification of accounts/transactions based on info provided to it that is asseted to have resulted from someone having used the consumer's identity, congress established, in the mid-90's,  a procedure that permits consumers to get such information blockec from their credit report without any involvement of the creditor.   See FCRA 605B.

Since anyone can simply make an assertion that information was not authorized by them, and thus was the result of someone else having used their identity, congress established the minimum condition that a consumer's assertion of potential identity theft would only be sufficient if it were supported by a sworn statement that subjected them to criminal liability for any knowingly false statements made in that assertion.

FCRA 605B thus requires that the assertion be made before a law enforcement agency that provides criminal penalties for any knowingly false statements.

It is the consumer's decision whether or not they wish to take this "no creditor involvement" route to exclude the reporting.

If you choose not to file a police report and submit to the CRA, you are left with the civil matter of proving through the courts that an actual, factual identity theft occured, and cannot rely only on your assertion as such.

Filing of a police report does not necessarily result in bringing of charges against the asserted thief.

Law enforcement is burdened with many investigatory matters, and is often reluctanct to invest time and resources into potential identity theft assertions made by family members.

Your police report may result in criminal referral for prosecution or it may not.  That is a matter under control of the investigators and prosecutors.