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The Fair Credit Reporting Act and
Your
Consumer Rights
The Fair Credit Reporting Act of 1970 was amended in September 1996. Changes
were made to promote privacy and to ensure the accuracy and fairness of
information in the files of consumer reporting agencies (CRAs). Credit
bureaus are CRAs that collect, buy, and sell information about you, such
as how you pay your bills. In this fact sheet, the word "CRAs" refers
to credit bureaus only.
Below are a few key rights provided by the 1996 amendments to the Fair
Credit Reporting Act, which became effective in October 1997.
- CRAs must investigate information you dispute
or say is incorrect.
Disputed items must be investigated within 30 days and
the source of the disputed information must review the evidence you
give them. The CRA must provide you with a written copy of the results
within 5 days after the investigation has been completed. If the
dispute is not resolved, you may add a brief statement to your file
giving your point of view. The investigation period can be extended
by 15 days if the CRA receives relevant information within the initial
30 days.
Consumer tip: When disputing information
in your credit report, do so in writing rather than in person or on
the phone.
- You must get written notice if information removed
from your file is reinserted.
If deleted information is placed back in your file after
it has been verified to be accurate and complete, the CRA must give
you a written notice of this action within 5 business days of reinserting
the information.
- You must be told if information in your file
is used against you.
If anyone uses information in your credit file to take
actions against you, such as denying you credit, insurance, or employment,
they must give you the name, address, and phone number of the CRA
that provided the credit report.
- You can get a copy of your credit report.
You can buy a copy of your credit report for a reasonable
fee (about $8.00 in most states in 1998). Simply contact one of the
major credit bureaus at the following toll-free numbers.
Experian
Equifax
Trans Union |
(888) 397-03742
(800) 685-1111
(800) 888-4213 or (800) 916-8800 |
- Free credit reports are provided for special
situations.
If an application for credit, insurance, or employment
is denied because of information in your credit file, you can get
a free copy of your report if you request the report within 60 days
of receiving the denial notice. You also can get one free copy per
year if you can prove that you are unemployed and looking for work,
on welfare, or a victim of fraud.
- Potential employers must get your permission
to see your credit file.
If you are looking for a job and the potential employer
would like to see your credit report, you must give them written permission
to do so.
- You have the right to get off mailing lists
for preapproved credit card offers and offers of insurance.
To stop getting the preapproved credit card offers in
the mail, call the credit bureaus and tell them you want to "opt out"
of prescreening offers. They will remove your name from prescreening
lists. You can opt out for 2 years or permanently. For instructions,
call the Opt Out Request Line at (888) 567-8688.
- Negative information in your credit file cannot
be reported for more than seven years.
In most cases, negative information in your file cannot
be reported for more than 7 years. Bankruptcies can be reported
for 10 years. Negative information also can be reported after 7
years in situations involving credit transactions or life insurance
of $150,000 or more and for jobs with a salary of $75,000 or more.
- You can sue CRAs if they do not comply with
requirements of the Fair Credit Reporting Act.
If credit bureaus or other consumer reporting agencies
violate parts of the Fair Credit Reporting Act, they can be sued for
damages.
- You can sue anyone who gets a copy of your credit
report without a permissible purpose.
The Fair Credit Reporting Act defines who can get a
copy of your credit report. People with permissible purposes generally
include potential lenders, insurers, prospective employers, legal
representatives serving court orders, potential landlords, or anyone
who has your written permission to see your credit report.
Prepared by Cathy Faulcon Bowen, assistant professor,
Department of Agricultural and Extension Education.
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