Identity Theft Attorney — Restore Your Name

Federal law gives identity theft victims powerful tools to fight back. The Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactions Act (FACTA) of 2003, provides specific protections under Section 605B (15 U.S.C. § 1681c-2).

Once you provide an Identity Theft Report — a police report or an FTC Identity Theft Report filed at IdentityTheft.gov — the credit bureaus must:

• Block the Information: They must stop reporting the fraudulent accounts within 4 business days of receiving your report.
• Notify Furnishers: They must tell the banks and debt collectors that reported the fraudulent accounts to stop reporting them.
• Prevent Re-Insertion: Once blocked, the fraudulent information cannot be placed back on your report unless the bureau determines the block was based on a material misrepresentation.

Fraud Alerts and Credit Freezes

Beyond blocking, you also have the right to:

• Initial Fraud Alert (1 year): Requires creditors to take reasonable steps to verify your identity before opening new accounts. You only need to contact one bureau — they must notify the other two.
• Extended Fraud Alert (7 years): Available to confirmed identity theft victims who have filed an Identity Theft Report.
• Credit Freeze (free): Under the Economic Growth, Regulatory Relief, and Consumer Protection Act of 2018, you can freeze and unfreeze your credit at no cost. A freeze prevents new accounts from being opened in your name entirely.

Identity theft takes many forms. In every case, the legal strategy depends on how the theft occurred and which entities failed to protect or correct your information.

Financial Identity Theft

The most common type. A thief uses your Social Security number, date of birth, or other personal information to open credit cards, take out loans, or drain bank accounts. The fraudulent accounts then appear on your credit report, tanking your score and leading to denials for legitimate credit. When the bureaus refuse to remove the accounts despite your disputes and police report, we sue under the FCRA.

Medical Identity Theft

Someone uses your identity to receive medical treatment, get prescriptions, or file insurance claims. The resulting medical debt collections appear in your name, damaging your credit. Worse, their medical records can become mixed with yours, creating potentially dangerous inaccuracies in your healthcare file.

Synthetic Identity Theft

Thieves combine your real Social Security number with a fake name and date of birth to create a new identity. This type is harder to detect because the fraudulent account may not immediately appear on your credit report — until a debt buyer purchases the defaulted account and begins reporting it under your SSN.

Familial Identity Theft

A parent, spouse, or other family member uses your identity to open accounts without your permission. This is one of the most emotionally difficult types of identity theft, but the law treats it the same as any other fraud. To trigger FCRA blocking protections, you need an Identity Theft Report — either a police report or an FTC Identity Theft Report filed at IdentityTheft.gov. You do not necessarily need to file a police report, but having one strengthens your case significantly.

Criminal Identity Theft

Someone gives your name and information to law enforcement during an arrest, resulting in a criminal record under your name. This can appear on background checks, costing you jobs and housing. The FCRA requires background check companies to follow reasonable procedures to ensure the accuracy of the records they report.

The sooner you act after discovering identity theft, the stronger your legal position — and the less damage the thief can cause.

• Stop ongoing fraud: A credit freeze prevents the thief from opening new accounts. Fraud alerts add verification requirements. Every day you wait is another day the thief can open accounts.
• Preserve evidence: Bank records, transaction logs, and surveillance footage may only be available for a limited time. Acting quickly helps ensure this evidence is preserved.
• Statute of limitations: Under the FCRA, you have 2 years from the date you discover a violation to file suit, with an absolute maximum of 5 years from the date the violation occurred. Don't let the clock run out.
• Limit liability: While you are not liable for fraudulent debts, early reporting creates a clear timeline that prevents creditors from arguing you authorized the accounts.

It seems simple: send the police report, get the fraud removed. But in reality, the system is broken.

The "Automated Rejection" Problem

Credit bureaus use automated systems to process disputes. They often reject valid identity theft claims because of minor discrepancies or simply because they don't want to spend the time verifying your report. They might send you a letter saying your dispute is "frivolous" or that they "verified" the debt as yours — without ever looking at the police report you sent. This frustration makes identity theft victims vulnerable to credit repair scams that promise quick fixes but deliver nothing.

The "Whack-a-Mole" Game

You might get an account removed from Equifax, but it stays on TransUnion. Or it disappears for a month and then reappears — a practice called re-insertion. Some victims fight this cycle for years without legal intervention. Under the FCRA, re-inserting previously blocked identity theft information without proper basis is a clear violation.

Debt Collectors Keep Calling

Even after you report the fraud, debt collectors may continue to pursue you for debts the thief created. Some collectors buy these fraudulent debts and pursue you aggressively, even after being notified the account was the result of identity theft. This may violate both the FCRA and the Fair Debt Collection Practices Act (FDCPA).

We Force Them to Listen

When Hyslip Legal files a lawsuit, the credit bureaus hand your file to a real human being with the power to fix it. We don't just ask nicely — we demand compliance with federal law and pursue damages for every day they failed to act.

If you discover identity theft, take these steps right away to preserve your legal rights and minimize further damage:

1. Place a Credit Freeze: Contact each bureau — Equifax, Experian, and TransUnion — to freeze your credit. This is free under federal law and prevents new accounts from being opened in your name.
2. File a Police Report: Go to your local police station or file online. This is the most critical document you will need — it forms the basis of your Identity Theft Report.
3. File an FTC Identity Theft Report: Visit IdentityTheft.gov to create an official recovery plan and Identity Theft Report. The FTC will generate personalized letters you can send to credit bureaus, creditors, and debt collectors.
4. Send Disputes by Certified Mail: Do not dispute online if you can avoid it. Send a letter with your police report and FTC Identity Theft Report to Equifax, Experian, and TransUnion via Certified Mail with Return Receipt Requested. This creates proof the bureaus received your documentation.
5. Request a Block Under Section 605B: Specifically reference FCRA Section 605B in your dispute letter. This triggers the 4-business-day blocking requirement — a stronger remedy than a standard dispute.
6. Contact Hyslip Legal: If the bureaus don't block the fraudulent information within the required timeframe, or if they re-insert it later, contact us immediately. Every day the fraud stays on your report is another day of potential damages.

When credit bureaus or data furnishers violate the FCRA by failing to block identity theft information, you can recover significant damages.

For more answers, visit our frequently asked questions page.

This page constitutes attorney advertising. The information provided is for general informational purposes and does not constitute legal advice. Every situation is unique — contact Hyslip Legal for a free consultation to discuss your specific circumstances. Submitting a contact form does not create an attorney-client relationship.