FTC Identity Theft Affidavit question

[hclinere]

I just sent these documents into the Bureaus

Innovis honored them instantly, so did Transunion, Experian called and said they needed a new police report, (I used an old one from 3 years ago, which is how i think these people gained access to my personal information in the first place to open up the fraudulent account)

But then they changed it right then and there over the phone when i explained that report is sufficient enough, and then they also went ahead and blocked the account over the phone because Transunion already had as well, so they honored it based on Transunion honoring it without anymore needed.

Now here is the odd part, the bureau that seemed to me to always be the easiest, (Equifax) which experian to me the hardest is giving me the trouble

Equifax said they are putting it into a normal 30 day dispute process

I thought the FTC affidavit, along with a police report required them to comply in like 3 to 14 days, and not subject to normal dispute process sending it over to the creditor blah blah etc

Am i correct on this?

[RobertEG]

Yes, you are correct.

FCRA 605B requires the CRA to block information identified as having resulted from identity theft not latr than 4 business days after receipt from the consumer of:

1, Appropriate proof of the identity of the consumer.

2. A copy of an identity theft report (defined in section 603(q) as  police report),

3. Identifiction by the consumer of the information, and

4 A statement by the consumer that the information is not information relating to any transaction by the consumer.

While an FTC Identity Theft Affidavit is not required under the statute, at least one CRA requires that as the means to meet item 4 above.

Not in and of itself either a bad thing, or a burden on the consumer.

The entire reason that congress added the identity theft block provision to the FCRA is based on the clear  inadequacy of the separate FCRA dispute process as a means to remove such informtion. The consumer has the initial burden in a dispute to provide some documentation of an asserted inaccuracy, and one cannot document a negative.   The furnisher of the disputed information can verify the accuracy of their reporting provided they have reasonable documentation in their files that indicates the consumer is the responsible party.  The dspute process does not require any proofs on their part in order to verify.  Thus a dispute of account not mine can properly be verified.  The identity theft process avoids \ny issues of anyone having to investigate, verify, or prove anything.  The consumer's assertion, if backed by their sworn report before a law enforcement agency, which carries criminal penalties for any knowingly false statements made therin, removes the determination from any dispute process.

The furnihser is NOT involved in the blockage process.  They are a required participant in any FCRA dispute.

Send a formal complaint to the CFPB for their improper handling of credit report blockage under FCRA 605B as a dispute under FCRA 611(a).

Their action is directly contrary to both the intent and requirements of those separate processes.

[hclinere]

Just as i thought

Do you think i should send them a threatening letter then, stating legal action if they do not comply?

Innovis, Experian, Transunion all got this done in like 7 days, experian even sent me a letter asking me to call in, trans just did it and sent me out the update, no questions asked, and Innovis actually called me

The only one playing games is Equifax, and i even told the guy handling the file the others are done, and his words were "Well around here, we do things a bit different at Equifax...."

I'm actually shocked, in the past when i was doing credit clearing etc, Equifax was always the easy one.....

Thank you for your very helpful answer, i'm going to jump on these guys starting monday

[hclinere]

http://www.consumerfinance.gov/

is this who you were saying to file a complaint with?

[NY2014]

Hi I just dame across your post and I had same similarities regarding identity theft .i don't know or why the person would say such a thing something like that .usually " Three CRA" are notified a security Freeze I sent faxed my FTC affidavit Police report copy of id , proof of address utility bill and SS , I had also Notarized the Affidavit which assures your giving your statement true.EQ I am tired of very poor service and incomplete.whatever how they validate . Cost me one of my accounts to close disputing and sending the wrong complaint anyways also filing a complaint.TU nothing but fast response and patient to help .well I hope that's I good lucky . But I really hate to deal with EQ and dumb me I pay for there monthly product and when you call after your dine first thing come out of there mouths is rehashing there product . That's what I think they are not in tuned that a customer that called they should know .every time I get off the phone I really felt like I just ordered a Happy Meal from McDonalds.
Sorry just never had a pleasant call from them .
But if anything Notarize your Affidavit.
Regards

[NY2014]

Sp()typos
You might like to read
Interesting
http://www.gpo.gov/fdsys/pkg/CHRG-113shrg82373/html/CHRG-113shrg82373.htm

[hclinere]

thank you for your input

and yes, i did have it notarized at my bank

[hclinere]

Thank you

That's quite a bit of info, what is it basically saying?

I have heard equifax is getting sued quite a bit lately

[NY2014]

That's not surprising the morals one can sometimes not understand but after doing research sense there's nothing else better to to I that half your life for the next 9 months of the is devoted protecting building ,frustrated,angry, mostly vulnerable to identity theft and you didn't think I could happen to you. I didn't know how or what to do because I didn't deal with my credit for the years until recently Phone calls, loans,internet, applications cell phones , anything what my information can be used.from. And these agencies are racking in billions on peoples fear . Selling there own product and not standing behind them. Don't get me wrong there are a handful of humans working in these fields but it's management thT brings the morals down. To customer service. It upsets me when "no offense I'm arguing on the phone with a lady the age of my daughter telling me to prove it's not yours and I'm being cooperative giving her my info to either varify this debt or go find the real owner that had the debt but giving her my SS correct address then used it against me not very an honest work because the CRA never did a thorough validation and the CA never had proof of documents think so I validated and screwed myself . Making it hard to prove the debt not mine regardless .anyways read and scroll down it's more or less the regulations all about the CRA ,CA FTA , senate meeting they are cracking down and exposing these CRA very good perspective and real sneers what they really do
Scroll down into you get to the CRA Experian
Good luck
BB
exc

[hclinere]

ok great thank you

i'll take the time and read over it today

it's about time the gov. does something about the bureaus, i've said this for years now

Let's see if the bureaus are "bigger" than the government, although i'm sure they think they are, good luck on that one