The FCRA was amended back in the '90s to include an identity theft process that permits consumers to get information removed from their credit reports with only an assertion of identity theft, supported by an "identity theft report", without any involvement of the furnisher of the information or any need for the consumer to file a formal dispute with the CRA.
That process is detailed in FCRA 605B, with the definition of an "identity theft report" provided by FCRA 603(q)(4), as reproduced below:
FCRA 603(q)(4) :
The term “identity theft report” has the meaning given that term by
rule of the Bureau, and means, at a minimum, a report –
See also 16 CFR Part 603.3
69 Fed. Reg. 63922 (11/03/04)
(A) that alleges an identity theft;
(B) that is a copy of an official, valid report filed by a consumer
with an appropriate Federal, State, or local law enforcement
agency, including the United States Postal Inspection Service,
or such other government agency deemed appropriate by the
Bureau; and
(C) the filing of which subjects the person filing the report to
criminal penalties relating to the filing of false information if,
in fact, the information in the report is false.
The important issue is whether or not the report from the DoJ comprises an "identity theft report" as defined under the FCRA. If so, then removal from your credit report is mandated without any need of proofs.
Does the report carry criminal penalties for any knowingly false statements made by the consumer, which is the threshhold for qualifying under the FCRA as an identity theft report, and thus sufficient to remove the identified information from the consumer's credit report upon meeting the requirments of FCRA 605B?
