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Linx04

What Constitutes an ID Theft Report

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This is a serious question, as I am in the middle of litigation with one of the CRA’s in federal court.  

 

I claim that the ID Theft Report on the FTC website is exactly that, an ID Theft Report. The FTC website states the same.  And the CRA’s state on their own websites to go to idtheft.gov and fill out an ID Theft Report.

 

Now the CRA is arguing that it’s NOT and ID Theft Report because I didn’t file a police report.  And the law (as laid out in C.F.R. By the CFPB) states that a Report May be filed WITH. Criminal law enforcement agency.  And they specifically list the U.S. Postal Inspector.  

 

Everywhere I look, I believe that I am right.  A police report is different from an ID Theft Report.  If the cras direct you and call it that, then how can in court they say otherwise.

 

any thoughts?

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Look, ultimately it will be what the Court says it is.  However, I ALWAYS question why in the hell a legitimate victim of identity theft does not take the time to ensure a police report is filed as that is the best way to ensure a potential prosecution event might take place. 

 

You may simply have a case that is destined to see a jury.  It happens.  Nothing obligates a Defendant/Respondent to agree to settle a case outside of a trial by judge or jury.  And not every case rests on an issue that has previously been the subject of settled case law. 

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Posted (edited)
1 hour ago, centex said:

Look, ultimately it will be what the Court says it is.  However, I ALWAYS question why in the hell a legitimate victim of identity theft does not take the time to ensure a police report is filed as that is the best way to ensure a potential prosecution event might take place. 

 

You may simply have a case that is destined to see a jury.  It happens.  Nothing obligates a Defendant/Respondent to agree to settle a case outside of a trial by judge or jury.  And not every case rests on an issue that has previously been the subject of settled case law. 

 

I never mentioned settlement in my post.    Although usually they do settle in my previous dealings.  However, that being said, I do not file suit unless I believe that I am correct in my interpretation and that I have gone through every avenue prior to litigation.

 

In my abundance of research of case law, there is only (1) case that might be close to their argument.  They don’t even cite any cases to back up their argument.  Aside from the C.F.R. Rule which points to the postal inspector.  Yet, every other government agency, and the CRA’s themselves all state to file an ID Theft Report.

 

I can’t concur if a person should file a police report in addition to an ID Theft Report.  But I do know that an ID Theft Report is different than a Police Report.  So that brings us back to my original question.  What constitutes an ID Theft Report?  The reason that I ask this question is for a Rule 12b motion on said claim.

Edited by Linx04

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The FTC site says you MAY choose to file a police report. It is not mandatory. You are in federal court following federal guidelines. State law is moot at this point, I should think.

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1 hour ago, legaleagle2012 said:

The FTC site says you MAY choose to file a police report. It is not mandatory. You are in federal court following federal guidelines. State law is moot at this point, I should think.

I said the same thing in my response.  That the law and FTC said they you

”may” not that you “shall”.  Big difference in those two words.  I had to use that same argument in another case.  And yes I’m in Federal.  I never die in State.

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I got into a huge dispute with TransUnion over this issue, when trying to get a fee-free freeze on my report (before the legislation which made it fee-free for all freezes).

 

I filed the ID Theft Report with the FTC, completed a complaint with the FBI (since this was an inter-state issue), and filed a police report with my local police department. TransUnion wouldn't accept this as enough "proof" of ID theft and give me a fee-free freeze, stating that I needed to have a police report filed (which I did). Every other CRA gave me a fee-free freeze based pretty much on my word. TransUnion wouldn't do it despite overwhelming proof and effort on my part to protect myself. I hate them.

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