So DH is a Victim of ID Theft

[webhopper]

After discussing this for 6 months to a year I finally convinced DH to take the steps needed to file identity theft reports.

His ex wife opened accounts without his knowledge and also put him down as being responsible for medical debts even though they were no longer married and he was no longer employed by the company who provided insurance when they were married.

So he has a fraudulently opened credit card account; a secured loan; and a medical collection as well as two fraudulent addresses and 1 fraudulent name. (Middle initial is wrong) on his credit reports.

We went to the sherriffs office with the information we had and filed a police report. It took an hour. We also completed the identity theft affidavit and had 5 original copies notarized. 2 for file and three to send out.

Filed an FTC report; Filed a Postal Service Fraud Report.

Obtained 4 copies of his DL and 4 copies of utility bill.

Also made 4 copies of the deputies card containing the report number.

He sent a dispute letter; copy of DL; copy of phone bill; copy of the FTC complaint printout with the complaint #; copy of the notarized ID theft affidavit; copy of the deputies card; and a copy of the postal service fraud report.

1 letter to each bureau. He used the sample letter from the FTC website and modified it to fit.

I think the thing that pissed him off the most (enough to take action) was that an address in San Francisco California was on his report as of July 2012.

My husband spent 4 yrs at pendleton in the USMC and will never step foot in CA again.

Is there anything else to do? The fraudulent accounts are no longer open... all are closed; except for the medical debt one.

Initial fraud alert was placed yesterday...

[RobertEG]

Everything done correctly except the last step.

Submitting the police report to the CRA is not done in the form of a dispute.

It should be done in the form of a request under FCRA 605B for blocking of the information from your credit report.

Technically, the issue is not one of accuracy of the furnisher's reporting.  They are reporting in good-faith based on the information presented and known to them.

If they receive a dispute, they can verify the accuracy of their reporting based on their records, which you assert are fraudulent, but they have no "proof" of that fact.

They are not required to conducr their own private investigation of fraud/identity theft in order to verify their reporting.

The entire purpose of the police report and identity theft affidavit is to put your assertion, not proof, into the form of a sworn statement, whcih carries with it potential criminal penalties for knowingly false statements.  Congress, thru the FCRA, has determined that such a sworn statement, even though not proof of the matter, is sufficient basis to have the alleged identity theft information blocked from your credit report.  It is a recoginition that neither the consumer nor the creditor has means to investigate and prove the matter, so it avoids the need for proofs in order to at least get the info blocked from the consumer's credit report.

Investigation of the facts is left to law enforcement.

If you desire to obtain OC account records regarding the establishment and/or use of the account, you cant compel them via a dispute process.

However, a second provision of the identity theft process is that you can send a copy of the police report  to the creditor and require them to produce alll business records in their possession related to the information.  A mini-discovery process sanctioned by FCRA 609(e).

Once armed with facts, you may have basis for a later dispute or civil action, but the dispute process is not the way to get to the facts.

[webhopper]

Ok thanks robert
I will change my letter to say Block

[webhopper]

New Letter:

4/4/13

From: My husbands name and address

Date of Birth: XX/XX/XXXX    Social Security#: XXX XX XXXX

To: Credit Reporting Bureau

Dear Sir or Madam:

I am the victim of Identity theft and I am writing to compel an identity BLOCK of items on my credit report that are not mine which resulted from the crime.  Please BLOCK the following fraudulently created information from appearing in my credit report:

Name:  XXXX L.  XXXX

Addresses: PO Box 2602, Somewhere, OK

 Unit XXXXX FPO Somewhere, CA

Accounts:

Citi Credit Card Account#

Tulsa Adjustment Bureau; Collection Account#

Tulsa Teachers Credit Union;  Loan; Account#

In accordance with section 605 E of the Fair Credit Reporting Act, 15 U.S.C. § 1681g(e), I am requesting that you Permanently Block business records relating to the fraudulent accounts and identifying information identified above from appearing on my credit report. 

Enclosed with this request is the following documentation, as applicable:

1.     Proof of my identity: A copy of my driver’s license and a recent phone bill in my name and mailed to my address.

2.     Proof of my claim of identity theft:

         a) A copy of the card issued to me by the XXXX County Sherriff’s Office containing the Police Report Number. b )A completed and notarized FTC Identity Theft Affidavit. c)  A copy of the FTC affidavit of complaint submitted to FTC on 04/04/13  d) A copy of the fraud report filed with the United States Postal Service.

Best Regards,   

My husands name here

[webhopper]

Also sending this letter to compel documents from the creditors.

Appendix C.8.a.:       Consumer § 609(e) Letter for Fraudulent Transaction/Account Records

4/4/13

Name

Adress

City State, Zip

Citi Cards

RE:      Request for Records Pursuant to Section 609(e) of the Fair Credit Reporting Act

Dear Sir or Madam:

I am a victim of identity theft.  XXXX  acquired a credit card with account

# XXXXX  from your company using my information, without my consent. I do not remember signing any documents related to this account that appears on my credit report.   This account resulted from identity theft. In accordance with section 609(e) of the Fair Credit Reporting Act, 15 U.S.C. § 1681g(e), I am requesting that you provide me copies of business records relating to the fraudulent activity identified above.  The law directs that you provide these documents at no charge, and without requiring a subpoena, within thirty (30) days of your receipt of this request. 

Enclosed with this request is the following documentation, as applicable:

1. Proof of my identity: A copy of my recent phone bill

2.      Proof of my claim of identity theft:

         a.      A copy of the police report number filed with XXX County Sherriff

         b.      A completed and signed FTC Identity Theft Affidavit

         c.      A copy of the Postal Service Fraud Form which was filed.

Please provide all records relating to the fraudulent account, including:

• Application records or screen prints of internet/phone applications
• Billing Statements
• Payment/charge slips
• Investigator’s summary
• Delivery addresses
• All records of phone numbers and forms used to activate or access the account
• Any other documents associated with the account

Please send these records to me at the above address.   

In addition, please cease and desist all reporting of this fraudulent account to the three Credit Reporting Bureaus.

In addition, I authorize the law enforcement officer who is investigating my case to submit this request on my behalf and/or receive copies of these records from you.  The law enforcement officer’s name, address and telephone number is: XXXXX.  Please also send copies of all records to this officer.

If you have any questions concerning this request, please contact me at the above address.

Sincerely,

XXXXX

Enclosures: 

• A copy of my phone bill
• A copy of the police officer’s card with the report number
• My FTC Identity Theft Affidavit and FTC Complaint File #
• A copy of the report filed with the US Postal Service

[RobertEG]

Minor revision:

The block provision is section FCRA 605B, not 605E.

Excellent letters!

[webhopper]

Thanks. I included a copy of 609 b with my letter.

Also found this:

Description: Final Rule: Related Identity Theft Definitions, Duration of Active Duty Alerts, and Appropriate Proof of Identity

The Federal Trade Commission (FTC) published the attached final rule in the FederalRegister on November 3, 2004. The final rule, which became effective on December 1, establishes definitions for the terms, "identity theft" and "identity theft report;" the duration of an "active duty alert;" and the "appropriate proof of identity" for purposes of sections 605A (fraud alerts and active duty alerts), 605B (consumer report information blocks), and 609(a)(1) (truncation of Social Security numbers) of the Fair Credit Reporting Act (FCRA), as amended by the Fair and Accurate Credit Transactions Act (FACTA). FCRA sections 605A, 605B, and 609(a)(1) became effective on December 1.

While sections 605A, 605B, and 609(a)(1) of the FCRA largely relate to credit reporting agencies (CRAs), if a national bank is a CRA, these definitions are important in complying with those sections. However, the definitions in the final rule are also applicable to other provisions in the FCRA that more commonly apply to national banks. For example, section 623(a)(6) contains requirements applicable to furnishers of consumer information to CRAs, including national banks. Under this section, when a CRA notifies a furnisher that the furnisher has provided information to the CRA that is blocked because it was the result of identity theft, the furnisher must have reasonable procedures in place to prevent re-furnishing the blocked information. In addition, if a consumer submits an "identity theft report" directly to a furnisher stating that the information the furnisher maintains about the consumer is a result of "identity theft," the furnisher may not provide that information to a CRA unless the furnisher subsequently knows or is told by the consumer that the information is correct. Further, section 615(f) prohibits the sale, transfer, or placing for collection of a debt, which the holder has been notified by a CRA is the result of identity theft. The requirements in sections 623(a)(6) and 615(f) went into effect December 1.

[webhopper]

So; by notifying these three creditors individually that the account was identity theft; I am hoping they have procedures in place to keep the info from being re furnished.

[RobertEG]

Good history!

As referenced, another benefit of a section 605B block is that it automatically, pursuent to section 615(f), prohibits the sale, transfer, or placing for collection of a debt, which the holder has been notified by a CRA is the result of identity theft.

[webhopper]

Well.  We heard back from one of the companies.  They refused to provide documents about the account claiming that they do not have to respond to requests made by Credit Repair Organizations.

So we are sending out the following reponse:

XXXXX

XXXXXX

XXXXXX

XXXXX                         

RE:  Second Request for Records Pursuant to Section 609(e) of the Fair Credit Reporting Act

Dear XXXX:

I am not a “credit repair organization” as defined by FCRA.  I am a person who has been harmed by the actions of my ex-wife both during our marriage and after our divorce.

She has used my information to fraudulently gain funds from your organization and others. 

Please find enclosed a copy of a Protective Order I filed in February 2010, and my affidavit of Identity Theft, along with the contact number of XXXX, the deputy who took my report.   

I appeared in person to file this report, at the XXXX  County Sherriff’s Office in XXXXX.

I am not sure why XXXX  feels that my lawful request for these records is the result of a so called “credit repair organization,” however I am willing to give XXXXX one additional opportunity to provide the records I have requested in accordance with my legal rights under Section 609(e) of the Fair Credit Reporting Act.

THEREFORE, I REPEAT MY INITIAL REQUEST:

I am a victim of identity theft.  XXXXX   acquired a loan with account

# XXXXXXXX from your company using my information, without my consent. I do not remember signing any documents related to this loan that appears on my credit report.   In accordance with section 609(e) of the Fair Credit Reporting Act, 15 U.S.C. § 1681g(e), I am requesting that you provide me copies of business records relating to the fraudulent activity identified above.  The law directs that you provide these documents at no charge, and without requiring a subpoena, within thirty (30) days of your receipt of this request.  I am enclosing a copy of the relevant federal law and the Federal Trade Commission’s business education publication on this topic. 

Enclosed with this request is the following documentation, as applicable:

1. Proof of my identity: A copy of my recent phone bill

2.      Proof of my claim of identity theft:

         a.      A copy of the police report number filed with Creek County Sherriff

         b.      A completed and signed FTC Identity Theft Affidavit

         c.      A copy of the Postal Service Fraud Form which was filed.

Please provide all records relating to the fraudulent account, including:

• Application records or screen prints of internet/phone applications
• Billing Statements
• Payment/charge slips
• Investigator’s summary
• Delivery addresses
• All records of phone numbers and forms used to activate or access the medical service
• Any other documents associated with the account

Please send these records to me at the above address.   

In addition, please cease and desist all reporting of this fraudulent account to the three Credit Reporting Bureaus.

In addition, I authorize the law enforcement officer who is investigating my case to submit this request on my behalf and/or receive copies of these records from you.  The law enforcement officer’s name, address and telephone number is: XXXXX, XXXXX County Sherriffs Office, Phone # XXXXXXXX.  Please also send copies of all records to this officer.

If you have any questions concerning this request, please contact me at the above address.

Sincerely,

XXXX

Enclosures: 

• A copy of my phone bill
• A copy of the police officer’s card with the report number
• My FTC Identity Theft Affidavit and FTC Complaint File #
• A copy of the report filed with the US Postal Service