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formosa

CRA's not honoring FCRA 605B Block

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Hello all,

While I was deployed with the U.S. military, some of my credit accounts were tampered with. Meaning unauthorized charges made. So my account numbers and info were stolen. I have been trying to get these off my credit reports for quite a while. I have previously sent in FTC complaint and dispute, several times and they always come back "verified". I have sent info to the creditors and they just send back form letters, saying the account is in my name (duh) and never correct anything.

Last month - I found out about FCRA 605B and followed to the letter the instructions on the Bank of America thread (below). With the FCRA 605B Request to Block letter I sent in every item required: Photo copy of my driver's license, social security card, copy of the FTC fraud affidavit, and police report. I sent the letters all certified.

Waited two weeks and as I'm a member of the Trans Union credit monitoring - checked my reports. Nothing had changed. I called Trans Union fraud line and spoke to rep who said they did not have a copy of the police report. So, I faxed it. I called back two days later and the rep said yes we have it but "we can't use this police report" and we have opened investigation and you will hear in 30 days. I told her no, they had all they needed for 605B and they were to block within 4 days. She said Trans Union was not going to block because anyone could just go down and get a police report and claim ID theft. I told her that wasn't a judgement call for her to make that 605B requirements have been met and they needed to block. I asked to speak to a supervisor and she said "I am a supervisor". I asked what was the reason to deny the block and she said I would receive a letter 7-10 days stating why.

Now as I read 605B there are only 3 reasons a CRA can refuse to block: 1. If the request is made in error. (It's not). 2. If the facts were materially misstated. (how could they possibly know or obtain evidence to prove that or reach that conclusion (especially within 4 days). 3. If they had knowledge the consumer received goods or services with the transaction (again, how could a CRA have any knowledge to this one way or the other).

So - to me the rejection is bogus and they are just ignoring the 605B request. I see others have had success with this - but didn't work for me.

What's the next move?

 

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I'm not following how a block can correct incorrect marks on your credit report.

However, if this were me, I would be hauling all 3 CRAs into arbitration.  I would file claims against them for FCRA violations of failure to properly investigate a disputed account and for verifying incorrect information.  There is a pretty high chance they will correct your reports and send you a check for their violations.

The other alternative is to call several consumer attorneys who do FCRA work and see if any of them wish to take this case for you.  If they feel there is a strong case they will take it with no up front cost to you.

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Thanks. My understanding is the 605B block prevents the fraud tradelines from appearing on your credit report - therefore they are "gone". I understand that once they are blocked - 605B also does not allow furnishers to sell or send info into the CRA's - again they are blocked. The CRA can unblock them if they _have_ knowledge of one of the three items to rescind. 

How do I haul them into arbitration? Is there a claim I can make outside of court? I know I can always sue them ... I'd rather get the 605B block in place.

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10 minutes ago, formosa said:

Thanks. My understanding is the 605B block prevents the fraud tradelines from appearing on your credit report - therefore they are "gone". I understand that once they are blocked - 605B also does not allow furnishers to sell or send info into the CRA's - again they are blocked. The CRA can unblock them if they _have_ knowledge of one of the three items to rescind. 

How do I haul them into arbitration? Is there a claim I can make outside of court? I know I can always sue them ... I'd rather get the 605B block in place.

I read 605B and you are right, Blocking under this section should remove the information.  However, this section gives equal right to the CRA to simply refuse to block for any reason they may feel justified.  There seems to be no real teeth to make them place a block.  

Arbitration is a legal action just like suing, only with a private dispute resolution firm rather than a court (which is public record) and it cost the company much, much more while capping the consumer fees to $250 max (or $0 in the case of CRA contracts). This is what gives you more leverage than a court - the fact that they must pay thousands to defend themselves on top of their attorney fees makes them want to settle with you very quickly.  All CRAs have user agreements containing an arbitration clause.

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From experience:

TransUnion will send the denial to block letter to you and the reasons will be all of the above reasons. However, what will eventually happen is that the creditors and collection agencies that are reporting these accounts will notify the bureaus that they're reporting the accounts to to have them deleted from your credit file due to identity theft.  Yes, they have responsibility too. So don't worry. The accounts will eventually be removed it's just may take a little longer for TransUnion. 

The credit bureaus share in the responsibility of letting each other know of the crime in questioned. Also you will receive direct letters from the creditors and collection agencies asking for you to file a complaint/report directly with them...it's your choice, but I didn't. Notifying the bureaus was all that was required of me. 

Hope this helps!

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