The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every “consumer reporting agency” (CRA). Most CRAs are credit bureaus that gather and sell information about you (such as if you pay your bills on time or have filled bankruptcy) to creditors, employers, landlords and other businesses. The Fair Credit Reporting Act gives you specific rights, as outlined below. You may have additional rights under state law. You may contact a state or local consumer protection agency or a state attorney general to learn those rights.
Anyone who uses information from a CRA to take action against you (such as denying an application for credit, insurance, or employment) must tell you and give you the name, address and phone number of the CRA that provided the consumer report.
At your request, a CRA must give you the information in your file and a list of everyone who has requested it recently. There is no charge for the report if the person has taken action against you because of information supplied by the CRA and if you request the report within 60 days of receiving notice of action. You are also entitled to one free report every twelve months upon request if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are receiving public assistance, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars ($8.00).
If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs, to which it has provided the data, of any error.) The CRA must give you a written report of the investigation and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.
A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address and phone number of the information source.
If you tell anyone (such as a creditor who reports to a CRA) that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.
In most cases, a CRA may not report negative information that is more than seven years (7) old, ten (10) years for bankruptcies.
A CRA may provide information about you only to people with a need recognized by the FCRA (usually to consider an application with a creditor, insurer, employer, landlord, or other business).
A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers or employers without your permission.
Creditors and insurers may use file information as the basis for sending you unsolicited offers for credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two (2) years. If you request, complete and return the CRA form provided for this purpose, you must be taken off the lists indefinitely.
Disclaimer: Debt Shield, Inc. does not provide legal, tax or investment advice. Debt Shield, Inc. does not assist in the repair, modification, improvement, extension or correction of credit entries or reporting.
Copyright 2004 by Debt Shield, Inc. All rights reserved. No publishing, broadcasting, rewriting or redistributing.