San Diego, CA.
The federal Fair Credit Reporting Act (FCRA) is designed to promote
accuracy, fairness, and privacy of information in the files of every
consumer maintained by a credit reporting agency--CRA. The law was
significantly amended by the1996 Congress. The new changes took
effect on 30 September, 1997.
Most credit bureaus gather and sell information about you -- such
as if you pay your bills on time or have filed bankruptcy -- to
creditors, employers, landlords, and other businesses. You may not
that check verification companies and tenant screening firms, as
well as the Medical Information Bureau, are all credit bureaus.
You can find the complete text of the FCRA at the Federal Trade
Commission's web site ( http://www.ftc.gov
Consumers must be told if information in your file has been used
against you. 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, plus
disclose your right to a free report after denial.
Consumers can find out what is in their own credit files. 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
report if a person has taken action against you because of information
supplied by the CRA, if you request the report within 60 days of
receiving notice of the action. Consumers also are 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 on welfare, or
(3) your report is inaccurate due to fraud.
Otherwise, a CRA may charge you up to eight dollars,
unless you live in a free or low cost report state. Of course, if
denied credit, you can request additional free reports under federal
law in these states.
Consumers may dispute inaccurate information with the CRA. 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.
Inaccurate information must be corrected or deleted. 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
Consumers may dispute inaccurate items with the source of the information.
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,
Outdated information may not be reported. In most cases, a CRA may
not report negative information that is more than seven years old;
ten years for bankruptcies.
Your consent is required for reports that are provided to employers,
or reports that contain medical information. 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. An employer considering adverse action must show
you the report.
Consumers may seek damages from violators. If a CRA, a user or (in
some cases) a provider of CRA data, violates the FCRA, you may sue
them in state or federal court.
"Credit Repair Doctors" are strictly regulated under the new law.
Their promises that they can "change your social security number"
to hide your negative credit background are illegal. Don't give
credit doctors your money, use it to pay your bills and rebuild
The new law also gives big banks the right to share your credit
report and other information with "affiliates." Your mutual fund
may be owned by a bank that will make a credit card offer to you,
for example. Those banks that desire to take advantage of "affiliate-sharing"
must send you a onetime offer to opt-out. The law does not require
that this notice be very clear. You may have received it and tossed
it, or never noticed it. They're not required to have toll-free
numbers. We encourage you to opt-out. Shop around when you need
financial products instead of letting your own bank send you mediocre
offers. You'll need to send your bank a letter stating that you
want to exercise your FCRA right to opt-out of information sharing
For more information about errors on your credit report, other fact
sheets and helpful information are available on our Web site:
OR Send an email question to:
OR to inquire by regular mail, Send $1 and a SASE to:
ICFE PO Box 34070 San Diego, CA 92163-4070
The ICFE's "Do-It-Yourself
Credit File Correction Guide" 2006 edition is still
available for $10. Included are step-by-step instructions, answers
to the most often asked questions, consumer credit rights, sample
letters to use when communicating with the various credit reporting
agencies about credit file questions and difficulties and much more.
To order your personal copy, send $10 (includes postage)
ICFE Credit File Correction Guide,
PO Box 34070 San Diego, CA 92163
Or to use a VISA or MasterCard, please call 1-619-239-1401.
Consumers may learn more on the Internet about the ICFE and the
"Do-It-Yourself Credit File Correction Guide" by visiting: www.financial-education-icfe.org.
For more information contact Paul S. Richard
ICFE Executive Director at 619-239-1401.