Untitled Document
What
are some other rights created by the FACT Act?
EFFECTIVE DEC. 1, 2004--THE FACT ACT CREATES NEW RIGHTS
FOR VICTIMS OF IDENTITY THEFT
YOU CAN FILE A FRAUD ALERT
You can establish a fraud alert for your accounts by contacting the consumer
credit reporting agencies. There is no federal law applying to fraud alerts
filed before December 1, 2004. Starting December 1, 2004, the extended fraud
alerts must be heeded. See below for more information on how and where to file
a fraud alert. There are two types of fraud alerts you can file:
Initial Alert
If you suspect that you are or may become the victim of fraud, you can request
an "initial fraud alert" that will last for 90 days. Once you activate
an initial fraud alert, the consumer credit reporting agency must include
the alert in your file and provide the alert along with any credit score generated
using your file. The reporting agency receiving your initial fraud alert must
have reasonable procedures in place to protect you from identity theft but
is not required to call you in order to authorize new loans or activity related
to your credit. You are entitled to one free copy of your consumer credit
report when you file an initial alert and the consumer credit reporting agency
must tell you about this right. When you request your file, the consumer credit
reporting agency must provide you with it within 3 business days of your request.
Extended Fraud Alert
If you are already a victim of identity theft, you can file a more serious
alert called an "extended alert" with the consumer credit reporting
agencies. The consumer credit reporting agencies are required to give you
more protections with an extended alert. These protections include:
- Include the alert in your consumer file and provide the alert along with
any credit score generated by that file during a 7 year period from the
date of your requests, unless you ask that the consumer credit reporting
agency remove the alert sooner;
- For 5 years from the date you initiate an extended alert, the consumer
credit reporting agency must exclude you from any consumer lists it prepares
and give to any third party to offer credit or insurance;
- The consumer credit reporting agency you alert must notify the other nationwide
consumer credit reporting agencies that you have filed an extended fraud
alert.
- You are entitled to two free reports in the year after you file an extended
alert. The consumer credit reporting agency must tell you that you may request
up to 2 free copies of your file during the 12 month period beginning on
the date on which the consumer credit reporting agency included the extended
fraud alert in your file. The consumer credit reporting agency must provide
you with your file not more than 3 business days after you make your request.
Creditors are required to call or contact you in the manner you designate
before authorizing a new credit account.
YOU CAN BLOCK INFORMATION RESULTING FROM IDENTITY THEFT
FROM BEING INCLUDED IN YOUR CONSUMER CREDIT REPORT
If you are the victim of identity theft you can block consumer credit reporting
agencies from using or reporting to others any information that is in your file
resulting from identity theft. You must identify such items and notify the consumer
credit reporting agency about them before you can block the use and/or reporting
of such items.
To properly notify the consumer credit reporting agency, you must provide the
consumer credit reporting agency with:
- Proof of your identity. They may require you to give your social security
number;
- a copy of an identity theft report;
- the identification of information resulting from identity theft; and
- a statement by you that the information resulting from identity theft is
not information relating to any transaction by you.
The consumer credit reporting agency you notify must block the information
you identify within 4 business days after it receives the information from you.
The consumer credit reporting agency must promptly notify the furnisher of the
disputed information that:
- the information you identified may be the result of identity theft;
- you filed an identity theft report with the consumer credit reporting agency;
- you requested a block; and
- the effective dates of the block.
The consumer credit reporting agency has the authority to decline or rescind
a block under certain circumstances. These circumstances include:
- an error;
- a material misrepresentation by you; or
- proof that you obtained goods, services, or money as a result of the blocked
transaction.
How to Set Up Fraud Alerts and Blocks
Equifax:
Call: Consumer Fraud Division 1-800-766-0088
Or Write: Equifax Consumer Fraud Division
P.O. Box 740256
Atlanta, GA 30374
Experian:
Call: 1 888 397-3742
Or Write: Experian
P.O. Box 2002
Allen, Texas 75013
TransUnion:
Call: TransUnion Fraud Victim Assistance 800-680-7289
Or Write: TransUnion LLC
P.O. Box 1000
Chester, PA 19022
A request to a creditor to stop reporting erroneous information is not a request
for a block. You must ask a consumer credit reporting agency for a block.
EFFECTIVE DECEMBER 1, 2004-MEMBERS OF THE MILITARY ON ACTIVE
DUTY MAY FILE "ACTIVE DUTY" ALERTS
If you are a member of the military and are on active duty, you or a personal
representative acting on your behalf can file an active duty alert with any
of the nationwide consumer credit reporting agencies. The nationwide consumer
reporting agency you notify is required to notify the other nationwide consumer
reporting agencies. The active duty alert if good for 12 months and can be renewed
as necessary. The active duty alert will appear on your credit file whenever
it is requested by another.
EFFECTIVE DECEMBER 1, 2004--YOU CAN GET A FREE REPORT FROM
"NATIONWIDE SPECIALTY CONSUMER CREDIT REPORTING AGENCIES"
The FACT Act entitles you to one free report from "nationwide specialty
consumer credit reporting agencies" which are agencies that compile your
history on employment, check writing, insurance, medical records and housing
rental history. These reports are important because their contents can impact
your eligibility for services and opportunities.
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