RobinMontrose Posted August 15, 2021 Report Share Posted August 15, 2021 If identity theft is reported and the creditor disputes "declines" it what can a consumer do? Of course, they are going to dispute it. It's in their financial best interest to dispute it. Is there anything in the law that I'm missing? What about FL law? It seems there's no remedy once they dispute the identity theft. Am I missing something? How can they make it so easy for the creditor to get out of this? And what about the CRA? They won't remove it if the creditor declines it. It seems the only remedy is to sue? § 605B. Block of information resulting from identity theft [15 U.S.C. §1681c-2] (c) Authority to Decline or Rescind (1) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that – (A) the information was blocked in error or a block was requested by the consumer in error; (B) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block; or (C) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. (2) Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 611(a)(5)(B). (3) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block. Quote Link to comment Share on other sites More sharing options...
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