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Derogatory item on CR due to identity theft


thebalrog
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A friend of mine had her check book stolen, and the thief used her checks to buy groceries at a supermarket.

I'm not sure about the details, but she got her bank to reverse the transactions. Unfortunately, the supermarket reported her as delinquent to the credit bureaus because of this.

How should she go about clearing her reports?

This happened a few months ago. I believe she did make a police complaint at the time...

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  • 1 month later...

She takes the police report and the information from the bank to the supermarket and she talks to the manager.

If they don't recall the CA then she has a case against them and could sue them.

Her name was forged.. it was not her debt... and it is not her problem to pay it.

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If it's a big grocery chain, a local manager may not be able to do much. Might be as well off trying to find an address for their legal department, CEO, VP's etc. and mailing copies of the documentation and demand to stop collection activities.

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You don't have to bother with the grocery store. You can hit the head of the snake, so to speak, and kill this problem quickly.

Send a copy of the police report along with an affidavit of identity theft (from the FTC web site) to each credit bureau that it is currently listed on. Upon receipt the bureaus are required by law under section 605(B) of the FCRA to permanently supress the ID theft related item and take measures to ensure it never reappears. The bureaus will handle telling the grocery store that it has been reported as IDTheft and that their tradeline is being taken off.

After that any additional collection attempts by the grocery store to collect or re-report the tradeline are violations of law and they may be sued for defamation of character (since the FCRA doesn't have a private right of action on this section)

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