Fair Credit Reporting Act A. Contact the CRAs listed in the Yellow Pages under "credit" or "credit rating and reporting." Because more than one CRA may have a file on you, call each until you locate all the agencies maintaining your file. The three major national credit bureaus are:
Equifax, P.O. Box 740241, Atlanta, GA 30374-0241; (800)
685-1111. Q. Do I have a right to know what's in my report? A. Yes, if you ask for it. The CRA must tell you everything in your report, including medical information, and in most cases, the sources of the information. The CRA also must give you a list of everyone who has requested your report within the past year--two years for employment related requests. Q. Is there a charge for my report? A. Sometimes. There's no charge if a company takes adverse action against you, such as denying your application for credit, insurance or employment, and you request your report within sixty days of receiving the notice of the action. The notice will give you the name, address, and phone number of the CRA. In addition, you're entitled to one free report a year if (1) you're unemployed and plan to look for a job within sixty days, (2) you're on welfare, or (3) your report is inaccurate because of fraud. Otherwise, a CRA may charge you up to $8 for a copy of your report. Q. What can I do about inaccurate or incomplete information? A. Under the new law, both the CRA and the information provider have responsibilities for correcting inaccurate or incomplete information in your report. To protect your rights under this law, contact both the CRA and the information provider. First, tell the CRA in writing what information you believe is inaccurate. CRAs must reinvestigate the items in question--usually within 30 days--unless they consider your dispute frivolous. They also must forward all relevant data you provide about the dispute to the information provider. After the information provider receives notice of a dispute from the CRA, it must investigate, review all relevant information provided by the CRA, and report the results to the CRA. If the information provider finds the disputed information to be inaccurate, it must notify all nationwide CRAs so that they can correct this information in your file.
When
the reinvestigation is complete, the CRA must give you the
written results and a free copy of your report if the
dispute results in a change. If an item is changed or
removed, the CRA cannot put the disputed information back
in your file unless the information provider verifies its
accuracy and completeness, and the CRA gives you a written
notice that includes the name, address, and phone number
of the provider. Q. What can I do if the CRA or information provider won't correct the information I dispute?
A. A
reinvestigation may not resolve your dispute with the CRA.
In that case, ask the CRA to include your statement of the
dispute in your file and in future reports. If you
request, the CRA also will provide your statement to
anyone who received a copy of the old report in the recent
past. There usually is a fee for this service. Q. Can my employer get my report? A. Only if you say it's okay. A CRA may not supply information about you to your employer, or to a prospective employer, without your consent. Q. Can creditors, employers, or insurers get a report that contains medical information about me? A. Not without your approval. Q. What should I know about "investigative consumer reports?" A. "Investigative consumer reports" are detailed reports that involve interviews with your neighbors or acquaintances about your lifestyle, character and reputation. They may be used in connection with insurance and employment applications. You'll be notified in writing when a company orders such a report. The notice will explain your right to request certain information about the report from the company to which you applied. If your application is rejected, you may get additional information from the CRA. However, the CRA does not have to reveal the sources of the information. Q. How long can a CRA report negative information?
A.
Seven years. There are certain exceptions: Q. Can anyone get a copy of my report? A. No. Only people with a legitimate business need, as recognized by the FCRA. For example, a company is allowed to get your report if you apply for credit, insurance, employment, or to rent an apartment. Q. How can I stop a CRA from including me on lists for unsolicited credit and insurance offers? A. Creditors and insurers may use CRA file information as a basis for sending you unsolicited offers. These offers must include a toll-free number for you to call if you want to remove your name and address from lists for two years; completing a form that the CRA provides for this purpose will keep your name off the lists permanently. Q. Do I have the right to sue for damages? A. You may sue a CRA, or a user or provider of CRA data, in state or federal court for most violations of the FCRA. If you win, the defendant will have to pay damages and reimburse you for attorney fees to the extent ordered by the court. Q. Are there other laws I should know about? A. Yes. If your credit application was denied, the Equal Credit Opportunity Act requires creditors to specify why, provided you ask. For example, the creditor must tell you whether you were denied because you have "no credit file" with a CRA, or because the CRA says you have "delinquent obligations." The ECOA also requires creditors to consider additional information you might supply about your credit history. You may want to find out why the creditor denied your application before you contact the CRA. Q. Where should I report violations of the law? A. Although the FTC can't act as your lawyer in private disputes, information about your experiences and concerns is vital to the enforcement of the Fair Credit Reporting Act. Send your questions or complaints to: Consumer Response Center – FCRA, Federal Trade Commission, Washington, D.C. 20580. For More Information You can file a complaint with the FTC by contacting the Consumer Response Center by phone: toll-free 1-877-FTC-HELP (382-4357); TDD: 202-326-2502; by mail: Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave, NW, Washington, DC 20580; or through the Internet, using the online complaint form. Although the Commission cannot resolve individual problems for consumers, it can act against a company if it sees a pattern of possible law violations. This document was written in March 1999 by the FTC.
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