A Summary of
the Fair Credit Reporting Act
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 filed bankruptcy -- to creditors,
employers,
landlords, and other businesses. You can find the
complete text of
the FCRA, 15 U.S.C. §§1681-1681u, at the
FTC's web
site. The FCRA 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.
You 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.
You can find out
what is in your file. 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 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. You 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.
You can 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.
Privacy
advocates advise consumers to protect themselves from
identity theft
and related crimes, by checking their credit reports
twice a year,
shredding personal documents before throwing them
away and
cleansing wallets of old receipts and printed social
security
numbers.
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
source.
You can 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
i
nformation 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.
Outdated
information may not be reported. In most cases, a
CRA may not report
derogatory information that is more than
seven years old;
ten years for bankruptcies.
Access to your
file is limited. 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.
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.
You may choose to
exclude your name from CRA lists for
unsolicited credit
and insurance offers. Creditors and
insurers
may use file
information as the basis for sending you unsolicited
offers of 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 years. If
you request, complete, and return the CRA form
provided for this
purpose, you must be taken off the lists
indefinitely.
Click to learn more about removing yourself from credit
bureaus
lists.
You 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.
The FCRA gives
several different federal agencies authority to
enforce the
FCRA:
|
For questions or concerns
regarding |
Please
contact |
|
CRAs, creditors
and others not listed below |
Federal Trade
Commission Consumer Response Center-
FCRA Washington, DC 20580 * 202-326-3761 |
|
National banks,
federal branches/agencies of foreign banks (word
"National" or initials "N.A." appear in or after bank's
name) |
Office of the
Comptroller of the Currency Compliance Management,
Mail Stop 6-6 Washington, DC 20219 *
800-613-6743 |
|
Federal Reserve
System member banks (except national banks, and federal
branches/agencies of foreign banks) |
Federal Reserve
Board Division of Consumer & Community
Affairs Washington, DC 20551 * 202-452-3693 |
|
Savings
associations and federally chartered savings banks (word
"Federal" or initials "F.S.B." appear in federal
institution's name) |
Office of Thrift
Supervision Consumer Programs Washington D.C.
20552* 800- 842-6929 |
|
Federal credit
unions (words "Federal Credit Union" appear in
institution's name) |
National Credit
Union Administration 1775 Duke Street Alexandria,
VA 22314 * 703-518-6360 |
|
State-chartered
banks that are not members of the Federal Reserve
System |
Federal Deposit
Insurance Corporation Division of Compliance &
Consumer Affairs Washington, DC 20429 *
800-934-FDIC |
Do You Know
What Is In Your Credit
Report? |
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