Block information that resulted from identity theft
15 U.S.C. § 1681c-2(a)
In plain words
If identity theft put accounts or debts on your report, the credit bureau must block that information within 4 business days after you send proof of identity, a copy of an identity theft report, the items to block, and a statement that they are not yours. The bureau must tell the furnisher. It can refuse or undo a block only in limited cases, such as error or misrepresentation.
Who is protected
Victims of identity theft.
When it applies
- Only for information that truly resulted from identity theft. Filing a false identity theft report is a crime.
What you can do
Report the theft at IdentityTheft.gov
The FTC site creates an Identity Theft Report and a recovery plan.
Send a block request to each bureau
Include proof of identity, your Identity Theft Report, the exact items to block, and a signed statement that they are not your transactions.
Deadline: The bureau has 4 business days after it receives everything.
Open the tool
Honest limits
- Does not apply to debts you actually incurred. Using a false identity theft report to remove real debts is fraud.
- This is general information, not legal advice. It does not promise any result.
The law
- Federal lawFCRA — identity theft block
15 U.S.C. § 1681c-2(a)
What it says: Block within 4 business days after receiving proof of identity, an identity theft report, the items, and your statement.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-2&num=0&edition=prelim - Federal lawFCRA — declining or rescinding a block
15 U.S.C. § 1681c-2(c)
What it says: A bureau may decline or rescind a block only for error, material misrepresentation, or if you received goods, services or money from the transaction.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-2&num=0&edition=prelim
Court cases
- Partial winSame topicTaggart v. Lorenzen
Taggart v. Lorenzen, 587 U.S. 554 (2019)
a creditor may be held in civil contempt for violating a bankruptcy discharge order when there is no fair ground of doubt that the order barred its conduct
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner lostSame topicObduskey v. McCarthy & Holthus LLP
Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)
a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
Related rights
Place a free fraud alert
15 U.S.C. § 1681c-1(a)
If you suspect in good faith that you are, or are about to become, a victim of fraud or identity theft, you can ask one nationwide bureau to place a fraud alert for at least 1 year; it must pass the alert to the other two. Identity theft victims with an identity theft report can get an extended alert for 7 years. Either alert also entitles you to free copies of your file.
Read this rightDispute errors on your credit report
15 U.S.C. § 1681i(a)(1)(A)
If your credit report has something wrong or incomplete — like a payment reported late that you made on time — you can dispute it with the credit bureau for free. The bureau must investigate, usually within 30 days, and fix or delete information it cannot verify.
Read this rightCancel a credit repair contract within 3 business days
15 U.S.C. § 1679e
You can cancel any credit repair contract, for any reason and without penalty, until midnight of the third business day after you sign it. The company must give you a "Notice of Cancellation" form in duplicate and may not start work during those 3 days. Some states give you 5 days.
Read this rightA credit repair company cannot charge you before the work is done
15 U.S.C. § 1679b(b)
Federal law bans credit repair companies from charging or taking any money for a service before that service is fully performed. A company that bills you up front, charges a "setup" or "first work" fee, or charges a monthly fee for work it has not done yet is breaking the law.
Read this rightA written contract and a rights disclosure come first
15 U.S.C. § 1679c
Before you sign, a credit repair company must give you a separate written statement titled "Consumer Credit File Rights Under State and Federal Law." No service can be provided without a signed, dated written contract stating the total cost, a detailed description of the services, any guarantees, how long it will take, the company's address, and a bold cancellation notice next to your signature. Any waiver of these rights is void.
Read this rightYou can recover damages when the FCRA is broken
15 U.S.C. § 1681n
A credit bureau or a company that reports to one that willfully breaks the FCRA owes your actual damages or statutory damages of $100 to $1,000, possible punitive damages, and your costs and attorney's fees. A negligent violation owes actual damages and fees. The claim must be filed within 2 years of discovering the violation and no more than 5 years after it.
Read this right