Identity Theft: Enforcing the Block

When your identity is stolen, the FCRA provides a powerful remedy: the mandatory block. If you follow the strict statutory steps, credit bureaus must block the fraudulent information from your report within 4 business days.

The Steps to Trigger a Block (FCRA § 605B)

1. The Identity Theft Report: You must file a report with IdentityTheft.gov (an FTC affidavit) or a police report. The FTC affidavit is often preferred because it is specific and easy to generate.
2. Proof of Identity: A copy of your driver’s license and a utility bill.
3. The Letter: Send a letter to the bureaus enclosing the Report and Proof, explicitly identifying the fraudulent accounts and stating: “This account is a result of identity theft. Block it pursuant to FCRA section 605B.”

The Bureau’s Duty

Once they receive a valid 605B request, the bureau must:

1. Block the Information: Remove it from your report.
2. Notify the Furnisher: Tell the bank/creditor that the debt is a result of ID theft so they stop selling it to collectors.

When They Fail

Bureaus often reject these requests, claiming the police report is “insufficient” or that the signature doesn’t match. These are often delay tactics. If a bureau refuses to block fraudulent data after receiving a valid 605B request, we sue to enforce the law and recover damages for the emotional distress and financial harm caused by the continued reporting of the theft.