Washington FCRA / ID THEFT

Revised Code of Washington

Title 19. Business Regulation - Miscellaneous
Chapter 19.182. Fair Credit Reporting Act

19.182.160. Block of Information Appearing as a Result of Identity Theft. [list=1][*] Within 30 days of receipt of proof of the consumer's identification and a copy of a filed police report evidencing the consumer's claim to be a victim of violation of RCW 9.35.020, a consumer reporting agency shall permanently block reporting any information the consumer identifies on his or her consumer report is a result of a violation of RCW 9.35.020, so that the information cannot be reported, except as provided in subsection (2) of this section. The consumer reporting agency shall promptly notify the furnisher of the information that a police report has been filed, that a block has been requested, and that effective date of the block.
[*] A consumer reporting agency may decline to block or may rescind any block of consumer information if, in the exercise of good faith and reasonable judgment, the consumer reporting agency believes:

1. The information was blocked due to a misrepresentation of fact by the consumer relevant to the request to block under this section;
   
2. The consumer agrees that the blocked information or portions of the blocked information were in error; or
   
3. The consumer knowingly obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions or the consumer should have known that he or she obtained possession of goods, services, or moneys as a result of the blocked transaction or transactions.

[*] If the block of information is declined or rescinded under this section, the consumer shall be notified promptly in the same manner as consumers are notified of the reinsertion of information pursuant to section 611 of the fair credit reporting act, 15 U.S.C. Sec. 1681i, as amended. The prior presence of the blocked information in the consumer reporting agency's file on the consumer is not evidence of whether the consumer knew or should have known that he or she obtained possession of any goods, services, or moneys. [/list:dceef68521]
History:

2001 c 217 6.

Hi Pammila,
Can you please elaborate a bit on your third point?
Will be very helpful.
Thanks
Mike

If a consumer disputes with the credit reporting agency that an item in the file was a result of ID Theft, then the credit reporting agency will remove said item from the credit report for 30 days while they contact the reporting company to investigate matter.

If the reporting company knows for a fact that the account was not a result of ID Theft, they can verify with the credit reporting agency and said item would be reinserted on the credit report.

If reinserted on the credit report, the credit reporting agency is bound by the FCRA to notify the consumer within 5 business days of reinsertion. If they fail to notify the consumer, and the consumer later discovers said item back on the credit report, then it is the consumers right to disptue with the credit reporting agency that they had not received proper notification, and said item would then have to be removed from the credit report, regardless if the account was being reported correctly or not.

Thanks for the explanation Pammila. This has been of great help.

Regards,
Jason

If people get aware of such minute things, there will be a very least chance of making mistakes and as a result we can dream of a debt free community very soon.

Roxette