Google Answers Logo
View Question
 
Q: Identity theft and CRA ( No Answer,   1 Comment )
Question  
Subject: Identity theft and CRA
Category: Business and Money
Asked by: sharppencil-ga
List Price: $10.00
Posted: 26 May 2006 10:47 PDT
Expires: 25 Jun 2006 10:47 PDT
Question ID: 732655
I have a couple of questions so bear with me as I try and make sense
out of this.  The background -- A few years ago I was the victim of id
theft. I don't know how the thief got my info but they used my SS# to
try and purchase computers online. The company they tried to buy from
called me to verify the purchase and I was able to stop it before they
shipped. The thief tried to open a couple of other accounts but
because I had a fraud alert on my credit reports they weren't
successful.

I jumped through all the hoops, police reports, affidavits, etc. and
then asked the computer company to remove all of my info from their
system. I got a letter from them saying they closed the account, that
it was fraud and I wasn't responsible for any charges (form letter
since there were no charges in the first place).

For the last three years I've been fighting with the credit reporting
agencies to remove from my credit reports the name the id thief used
(they used a shorter version of my first name and my maiden name, I've
never used the shortened version). One removed it and the other one
just ignores the request.

I also have a fraud alert on my credit reports and have opted out of
marketing materials.  The CRA that has ignored my request to remove
the fraudulent name messed up and shared my information with a credit
card company. I have many copies of my credit reporting showing on the
first page that I'm opted out and then on the inquiries page it shows
that they shared my info with the cc company for marketing purposes.

I've written letters to the CRA and to then to their president because
of non-response. I've also left him a number of voice mails to follow
up on the letter. Twice he had a different person return my phone call
but I wasn't home so they left messages for me. When I returned their
calls they won't call me back and they won't answer in writing.

My first question, how do I get them to remove the name and more
importantly what legal rights do I have to go after them for sharing
my info against my wishes when I clearly opted out?

Second question needs a little more background.  I had written the
computer company that the thief originally tried open an account with
asking them to remove all of my personal info. I got the form letter
metioned above and I thought all was well. This has been over a year
ago. Yesterday in the mail I got a letter from a credit lender in my
area offering the fraudulent (sp?) name over $3,000 worth of credit. I
called the company, told them the story and asked how they got the
name and mailing address.

The man said it looks like it was from a company they do business with
and they got it because someone tried to open an account and they were
turned down (looks like the offer is for someone who's been refused
credit elsewhere and this credit lender goes after them, you know,
like sharks). He couldn't specifically tell me it was from the
computer company but the area code listed is the same as where the
computer company is located. I know that if I pursue this the credit
lender can tell me exactly where the info came from (I'm pretty sure
it is the computer company).

My second question is what recourse do I have against the computer
company?  This has been three years ago and they still have the info
in their system and are selling it to other companies they do biz
with.

HELP!!!  You're answer is anxiously anticipated!
Answer  
There is no answer at this time.

Comments  
Subject: Re: Identity theft and CRA
From: newjackhustler-ga on 31 May 2006 12:51 PDT
 
If your credit score has been significantly harmed, which you don't
say it has, I would consider trying to get a new social security
number.

http://www.ssa.gov/pubs/10064.html#getting

The offer of credit isn't likely something that is derived from your
credit report. Likely the false name assoicated with your address was
sold to a list broker. You can try to identify the list broker and
opt-out of their list or use the opt-out service of various list
broker associations like the DMA.

Then I would use the Fair Credit Reporting Act (FCRA) procedures for
correcting fraudulent information on your credit report. Under the
FCRA, both the consumer reporting company and the information provider
(the business that sent the information to the consumer reporting
company), such as a bank or credit card company, are responsible for
correcting fraudulent information in your report. To protect your
rights under the law, contact both the consumer reporting company and
the information provider.

The consumer reporting company has four business days to block the
fraudulent information after accepting your identity theft report. It
also must tell the information provider that it has blocked the
information. The consumer reporting company may refuse to block the
information or remove the block if, for example, you have not told the
truth about your identity theft. If the consumer reporting company
removes the block or refuses to place the block, it must let you know.

If the CRA are not complying with the FCRA blocking process, I would
contact the Federal Trade Commission and an attorney for detailed
assistance.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre21.htm
1-877-FTC-HELP (1-877-382-4357)

Do not use the services of a credit repair shop as they often just
follow the same steps you can do on your own.

I am not an attorney and this should not be viewed as legal advice.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy