I think everyone should know this...!!! I called the FTC, like suggested on this board, to find what laws apply to companies who pull any Fraud Victim's credit report. I explained someone, other than myself, had applied for a Credit Card. I had a fraud alert which states they have to contact me by phone. Unfortunately, this company didn't contact me and pulled my credit report anyway. I found out b/c of a recent mailed letter. What can be done about this?? I have done everything advised to do.. It is now up to the companies to comply!! The REP, @ the FTC, Flat out told me She had NO Clue!!! CAN YOU BELIEVE THIS????????? She thinks this is Equifax's problem and took a complaint from me. She didn't seem to think it was the companies fault. What do you guys think?? Equifax says... when someone pulls your report and they see an "alert." It is the Company's responsibility to Contact the person by phone b/f issuing any credit. (this includes credit or a denial) If they don't or can not contact you they should go any further. Look @ it this way.... You are the company, someone applies for credit. You pull from Equifax, they send you the alert to phone FIRST, You never phone BUT, you pull the report as a hard inquiry anyway! IF Equifax is not on the phone when the company calls you, how can they know for sure? The answer is... THEY DON'T!! It seems to me Equifax is going on the "Word" of the companies who pay them. How does this AT ALL protect Fraud Victims Or consumers from becoming Fraud Victims!! I understand Equifax Doesn't issue the credit THEY only provide it..... If....... the Credit Card Company pass the "ALERT TEST" So, when Equifax provides your credit after the "alert test" they assume the company followed the proper procedure. AGAIN... This falls back on the company...!! Something really needs to be done about this!! What do you guys think??? Give Me Your 2 Cents...LOl.. MartysGirl ;-)
Yes Breeze... My state has a consumer agency. I am going to contact them in the morning regarding this issue. Maybe they can shed some light here! MartysGirl
I certainly hope so. This is insane! We consumers just get shafted. We have a TV station here that loves this kind of stuff - it's the NBC affiliate. They have a program called "10 on your side." They really make some waves when a consumer is getting the run around. Does your local NBC affiliate have anything like that? It might be worth considering. After the companies get their name plastered all over a metropolitan area with this kind of complaint, they go scrambling and falling all over themselves to get it straight. It works. breeze
Well, I think that Equifax is the party at fault in this situation and I think that the lady you spoke to was exactly right. Here is why I think so. Equifax or any other CRA is the depository of the information as well as the dispenser of the information. As the depository and dispenser of the information, the security and safety of the information is the responsibility of the depository of that information. They are charged with the safekeeping of that information and the responsibility to deny access to it when appropriate. Therefore, it is my opinion that Equifax erred in allowing the information to be dispensed without your prior knowledge and approval since you placed a fraud alert on the information. I say that the FTC lady was absolutely correct in taking your complaint and lodging it against Equifax. But I also think that there is a possibility that the acquirer of the information may also be culpable for unathorized access to computer information. Many if not most states have laws against that too.
If you have a fraud alert why don't they restrict access??? You could then have the consumer call Equifax to get a temporary, 1 time id number that would give the creditor access to the file. Then the consumer gives the number and the creditor can get the file. WHY would the CRAs dissiminate info knowing there are issues? there needs to be more respect for the security of someone's information.
Martysgirl, I totally agree with what equifax says. They are putting an alert on your file for creditors to call before issuing credit. I just dont see how we can expect Equifax to make SURE that a creditor calls before giving your credit report out. I thought the alert was to make sure they call to verify identify. Equifax cant even get the simple things right. The Big 3 blow us off about our VALID disputes. I don't see how they would even care about protecting our credit. I dont think that they care at all and it is up to us to change the system. We shouldnt expect them to change something that wouldnt benefit their pockets. If our credit gets screwed they get more negatives to report and make more money ....!!! Ha Ha! Anyway, I am not surprised the FTC was less than helpful especially the phone reps. That was my 2 cents.
Well, should file a complaint with the BBB too. Equifax has entirely too good a record with the BBB to be true. Might as well help BBB out with some reports on Equifax. What's to lose?
I think complaints against CRA's should be kept on file at the BBB for 7 years from date of complaint. As it stands now, they fix the problem, the complaint disappears. We don't get that consideration! breeze
Breeze: Pay the CRAs as much money as they pay the BBB for their membership and you might get more consideration. Prolly it's the same old story. The Golden Rule, doncha know? He who has the gold makes the rules.
I think in the situation in the initial posting there could have been other factors. According to the CRA, they only issue the credit profile information, the creditor is to call. I agree this sounds like another load of crap from the CRA, but they have a tendency to interpet the FCRA by their own definitions (i.e. Bill Clinton style - "well depends on your definition of....). In their "opinion" I am sure they think it is the creditors responsibility. If fraud was involved in this, there is always the possibility the party applying for the credit has also obtained other fraudulent identity documents. Fake I.D. is readily available in this country, and in actuality with a a little effort it is not difficult to assume someone else's identity. The creditor could very well have been looking at a fake ID that looked real enough to them, and assumed as this is obviously the person, why would I call them? This is why this should fall back on the CRA. IMHO NO CREDITOR should have access to any consumer information with the ease they currently do. The FCRA definitely needs revision in the area of Inquiries allowed and how they are reported.
I think in the situation in the initial posting there could have been other factors. Likely so. There often is **************** According to the CRA, they only issue the credit profile information, the creditor is to call. I agree this sounds like another load of crap from the CRA, but they have a tendency to interpet the FCRA by their own definitions (i.e. Bill Clinton style - "well depends on your definition of....). Yes, and that's what I am talking about in another thread dealing with the IRS. We are a nation of laws. All must obey the law and none can escape from the law. Their intrepretation is just as meaningless as ours until it is adjudicated in a court of law by a judge having proper jurisdiction over both the subject and the subject matter. Neither of us really wants to go that far. So it's often a game of bluff and he who blinks first loses. In their "opinion" I am sure they think it is the creditors responsibility. Well, then threaten to make them prove it in a court of law if necessary and see who blinks first. If fraud was involved in this, there is always the possibility the party applying for the credit has also obtained other fraudulent identity documents. Fake I.D. is readily available in this country, and in actuality with a little effort it is not difficult to assume someone else's identity. The creditor could very well have been looking at a fake ID that looked real enough to them, and assumed as this is obviously the person, why would I call them? This is why this should fall back on the CRA. IMHO NO CREDITOR should have access to any consumer information with the ease they currently do. AGREED! The FCRA definitely needs revision in the area of Inquiries allowed and how they are reported. Probably so. So the only real answer to that is in the event of problems go sue if you have to in order to get a court of competent jurisdiction to rule on the matter. Again, we live in a nation of laws and everyone must obey those laws and when they fail to do so then there is a price to pay. Make them pay it if you have to. I know, we don't want to go to the time and trouble and expense of doing that. Too much trouble. Maybe it would just be better to put in a democratic or communistic system of government and let the government do what they want with us. Who will vote for DER FUHERER! Who wants to vote for STALIN or MAO? I'll vote with my feet!!!!!! RADWLMAO
Sorry... I am just getting back with everyone!! I have been sick with the stomach flu.. I want to give the board a little more detail about a fraud Alert. I think a lot of people on this board don't realize THEY must always phone you. This is the BIG hassle of having a fraud alert. What I mean by "must call you" is..... If I go to the Bank, my home town bank for ex. and they know me by name, I apply for any loan or credit card. THEY must wait for me to go home and call me before pulling a hard inquiry. That is the way it works..... This keeps people from using Fake Id's and etc. I have never had any other problem with the other two CRA's BUT..... My fraud alert instruction are set that a company must call me @ HOME and I MUST give them My password!! You can request in witting that they place a password that you have to give to creditors so they know for sure they are talking to me. Equifax doesn't allow Passwords.. Don't ask me I don't know why they don't allow them..!!! BUT.. I think they should!!! I wanted to let you guys know... since I have been sick... I didn't get to call my local consumers agency. I plan on calling them Monday morning. I am also going to take Bill's advice and write to the BBB Monday. If you guys can think of anything else PLEASE let me know.
