Hi all, It looks like my wife has been the victim of identity theft. Chase has a credit account in her name, with a large unpaid balance. She does not have a social security number, but today I figured out that experian (at least) has a file under her name with my SSN in it. The file has all the accounts on which she is an AU. Chase called us a number of times, and each time we explained that she did not open an account with them, does not have a SSN, and has a different birthdate than what they have on file. Each time they accepted our denial, and appologized. Today, it was transferred to a collection agency, and they were much less polite. They also seem to have much less info than Chase on the file. They claim that the burden of proof here is on us, is this true? What should be my course of action here? Work with the collection agency on proving my identity? Send a Cease & Desist letter and work directly with Chase? Any advice would be appreciated! -Roman
Your wife needs to go to the local Police Station and file a report. Sometimes they don't want to do the paperwork so you must insist. In the report state the account number and the company. Be sure to get the report number from the officer. In a few days your report will be ready to pick up from the police station. Send a letter to the CRAs with: I am now enclosing a copy of the latest Police Report regarding the Identity Theft. (Exhibit #1) Per the FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003, Pub. L. No. 108-159 (2003): Agencies must block identity-theft-related information. FACTA adds a new section, 605B, to the FCRA that requires agencies to block identity-theft related information within 4 days of receiving specified information: a copy of an identity theft report, the consumerâ??s identification of the fraudulent information, and the consumerâ??s statement that the information does not relate to any transaction by the consumer § 605B(a), added by Pub. L. No. 108-159, § 152 (2003). The agency must also notify the furnisher of the block, § 605B(b), added by Pub. L. No. 108-159, § 152 (2003), and furnishers must implement procedures to prevent them from re-furnishing such information (to anyone, not just the notifying agency). § 623(a)(6), added by Pub. L. No. 108-159, § 154 (2003). Although states are preempted from regulating the conduct required of agencies and resellers under the new blocking section, consumers may use the FCRAâ??s liability provisions to enforce it. Furnishers must cease furnishing identity-theft-related information. As noted above, agencies must block information that a consumer properly identifies as resulting from identity theft and must notify the furnisher of the false information of the block. In turn, the FCRA now requires furnishers who have received such a notice to have reasonable procedures to prevent them from refurnishing the information. § 623(a)(6)(A), as amended by Pub. L. No. 108-159, § 154 (2003). The consumer can also trigger that responsibility by notifying the furnisher directly that the furnisher has furnished fraudulent information. § 623(a)(6)(B), as amended by Pub. L. No. 108-159, § 154 (2003). Furnishers may not sell or place for collection identity theft debt. Once a furnisher has been notified that an agency has blocked a consumerâ??s information as having resulted from identity theft, the furnisher may not sell or transfer the debt or place it for collection. § 615(f), added by Pub. L. No. 108-159, § 154 (2003). Send this information to the CRAs, the Collection Agency and the original collector. Per the law they have FOUR days to remove the item from your credit reports. You may have to call the CRAS and INSIST. Be sure you send everything CMRRR to prove the date they received it. Good luck; INSIST that they follow the law.
another route call each CRA and inform them you are a victim of id theft tell them to place a security ALert on your file. this will keep new accts from being opened and further issues. next let them transfer you to their fraud dept, verify your identity with them and dispute all the accts you believe were a result of fraud. they will investigate and give you the results . then you can file a police report so they can catch the person/s responsible for the theft. if a new accts shows up on the report dispute that to. if an acct comes back as verified contact the creditor directly and notify them you are a fraud victim they may remove the acct right away or if they need more info they will send you a fraud packet to complete and return which will enable them to go after the person comiiting the crime . its a very teadous process but it will be all worth it in the end, BTW the sec alert is only good for 90 days so can renew it if you need to , the only prob with the alert you will not be able to get approved for instant credit or new credit unless the creditor can verify your identity directly such as in person. good luck
The majority of FACTA does not go into effect until December 1, 2004. This includes virtually all portions of FACTA which require the CRAs and data furnishers to change their procedures. The Federal Trade Commission has in pdf format the provisions of FACTA and their proposed effectiveness dates. It can be difficult to read, but before relying on any of the new parts of the FCRA provided by FACTA, you need to know when those new rights become effective. http://www.ftc.gov/os/statutes/fcrajump.htm A fraud alert is good, but it is not foolproof. There is no requirement that prevents anyone from granting you credit without contacting you if there is a fraud alert on your file. Some companys will contact you, some companys may pull additional credit reports, some companys may roll the dice and gamble on opening the account.
One thing I just thought about. Before disputing with the CRA for fraud. You may want to send a certified notice to the OC/CA that it is fraudulent. Check the Cushman v. Trans Union case. When Cushman advised TU of fraud, TU just called the furnishers and asked if the account information matched, and whether Cushman had contacted them to notify them of fraud. Hiding will tell you its about making your case as close to the precident as possible. And taking away their arguements before they can even get around to making them. By putting them on notice, if the CRA contacts them they can't plead ignorance which is what they did in Cushman v. TU.
Thanks for all the advice! Sounds like a good idea to notify the CA/OC in writing that this is fraud. I went to my local police, and they claim that they need more information before they can open a case. I will try to squeeze all the info I can from the CA and OC and try the police again. Should I continue dealing with the CA as a sign of good faith? The way I see it, they have no interest in believing my claim, and only really care about getting money from the easiest source (which in this case would be me).
The way I see it, they have no interest in believing my claim, and only really care about getting money from the easiest source 1*(which in this case would be me). romanduv 1*Rite they wouldn't go after the thief. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
FYI I was once a victim of fraud and Id theft dont really like to discuss all my private details on here but thought it would help you. what I recommended that you do is what I actually did myself. contact all the CRA first put the fraud alert on the report, ask them to add a password so any new creditor granters must have that knowledge to extend new credit.if credit is extended w/o that password being verified you can not be held liable. then go back to the police station and talk to the watch commander or chief in charge.(may be a different name in your state) tell them that you are a victim of fraud ,and id theft. and someone is using your id to obtain services and credit. in your name. inform them that you need a police report so you can not be held liable for this criminal activity. jurisdiction for the crime would be where the injury is occuring which in your case I would presume your home residence. if they refuse at least make them give you an incident # and report this complaint to the local Attorney Generals office. next contact each Oc in writing CMRRR as I said before and notify them that you are a victim of fraud, they may want to send you a fraud packet for this account before releasing any liability. make certain that what you report to them is in fact fraud, and not an attempt to get rid of your own accts you created, as you can be prosecuted for perjury and fraud. any info you obtain keep notes so you can alert the police to catch the thief. good luck
one more question... how was it that your wife was able to be an AU on your acct w/o having a ss# ? so how is this related to id theft if she has no ss # did someone apply for one or attach a fake ss# to her name???
hmm thats a new one I never heard that one before but I think you are on to something there lbrown thx for the tip also
Re: Re: Need help on Identity Theft! how can they have anything reporting on a CR when they have no ss# just based on a name and DOB ? something doesnt seem right here, some of your other realitives are also AU on your accts but they dont have ss# either? why is this?
Re: Re: Need help on Identity Theft! 1*one more question... how was it that your wife was able to be an AU on your acct w/o having a ss# ? 2* so how is this related to id theft if she has no ss # did someone apply for one or attach a fake ss# to her name??? fun4u2 ============= 1* No SS needed for an AU 2* Inquiring minds want to know. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Need help on Identity Theft! It looks like my wife has been the victim of identity theft. Chase has a credit account in her name, with a large unpaid balance. She does not have a social security number, but today I figured out that experian (at least) has a file under her name with my SSN in it. The file has all the accounts on which she is an AU. Chase called us a number of times, and each time we explained that she did not open an account with them, does not have a SSN, and has a different birthdate than what they have on file. Each time they accepted our denial, and appologized. 1*Today, it was transferred to a collection agency, and they were much less polite. They also seem to have much less info than Chase on the file. 2*They claim that the burden of proof here is on us, is this true? 3*What should be my course of action here? 4*Work with the collection agency on proving my identity? 5**Send a Cease & Desist letter and work directly with Chase? Any advice would be appreciated! -Roman 2*No a 1000 X No. *=================== 3*VL to CA. 4*You have nothing to prove to the CA. 5*No CD. Can't work with with Chase if Chase sold it to CA. ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
Re: Re: Need help on Identity Theft! Was the address used in the original application yours? How many billing periods were paid before payments stopped?
Re: Re: Need help on Identity Theft! What liability does Chase have for "selling" an account that they have determined has erroneous identifying information without passing on that information?
Re: Re: Need help on Identity Theft! You may both need to file a police report for identity theft. The account is as likely to be attributed to her as it is to you, since it is under your SSN.
