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Remedy Identity Theft



The FCRA has a provision: FCRA § 605B (15 U.S.C. § 1681c-2) (a) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of— (1) appropriate proof of the identity of the consumer; (2) a copy of an identity theft report; (3) the identification of such information by the consumer; and (4) a statement by the consumer that the information is not information relating to any transaction by the consumer

The key is to understand the definition of identity theft and according to the FCRA under 603 it states: (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 consumer has to do the following:

File and affidavit stating that the account is not yours.

File an identify theft report with the police and make this proof to the credit bureau.

The account should be block within 4 business days.

All CRA have agreed to accept identify theft affidavit from the FTC  www.ftc.gov/idthef or your can all 877-ID-Theft.

Sample Dispute:

Please be advised that I am a victim of fraud. I did not authorize or grant permission to open accounts in my name or provide authorization for anyone to apply for credit in my name.

Please block (account name and number) as per the Fair Credit Report Act.

I’ve enclosed a copy of the officials police report and verification of my identity.

Thank you in advance.

Sincerely,