Blocking old collections resulting from ID theft?

[FishOn]

I was reading the FCRA and came across this:

§ 605B. Block of information resulting from identity theft [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.

I have some collections from '99 resulting from a neighbor's stealing my ID, getting an MBNA platinum card in my name and transferring his utility bills to my name. The card's still on my TU report but as $0 balance, unrated or bankruptcy (I never filed for BK) but the collections are a big pain. Can I notify the CRA's they are the result of ID theft and have them blocked?

Many thanks

[gdouglaslee]

Uh, no. The section you posted tells you exactly what you need to do. File a police report and have an affidavit notarized saying you never used the card ever. Send both.

[credit_on_mars]

This is probably an isolated case but I found out in 2002 that someone stole my identity and opened several CC’s then proceeded to charge a galore of stuff back in 1995. After moving twice I was sued by two of the companies, a big surprise since I knew nothing about the accounts. So, I reported ID theft at the local sheriff’s office and the deputy told me to wait until the court session was over and results came in! When I objected he said that the cases would most likely be dismissed due to lack of evidence, documents, and the current judge was very impatient with ID thieves. He was right, both cases were dismissed w/p but I could never get the CRA’s to remove t he entries. I just gave up and forgot to go back to report the stuff.

[Champion80]

The CRA's are not the ones that are required to block the reporting ( Unless a law I do not know of say so), it is actually the OC's, once you file the police report wherever you live, it doesnt matter, then fill out the Affi-David, which I am sure someone has posted here, if not you can find it on the FCC website, then you send the information to the OC, they must block an account linked to Identify theft. I almost did this myself with an account, but I spoke with the OC and the debt was 4 years old and I just ended up paying them $75 with a letter of deletion. Of course with huge balances, just use the law, they have to block it. Good luck.

[Methuss]

Section 623A(6) requires the furnisher to prevent repollution of the report. But, section 605B requires the CRA to block ID theft related information from being shown on consumer reports.

Both sides must maintain procedures to ensure the ID theft information stays off a consumer's report. Both sections are actionable by consumers.

[FishOn]

Aren't the CRA's (EQ, EX, TU) defined as "consumer reporting agency" by:

(f) The term “consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

So I have two possible courses of action: Report to the CRA's that the collection accounts are the result of identity theft w/ accompanying police report, documentation as specified etc. and they have to block it OR report to the OC the same thing, although police report and other items are not required, and they are forbidden to report it to the CRA's unless they can prove it's mine.

Looks like I'll do both and hopefully get these collections off of my report for good. man will that ever be nice!