RULES AND REGULATIONS
A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT
The Federl 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 to creditors, employers, landlords, and other businesses. You can find the complete text of the RCRA, 15 U.S.C. 1681-1681U, at the Federal Trade Commission's website: (Http://WWW.FTC.GOV). 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 these 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 your 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. You are also entitled to a free report 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 are not entitled to a free credit score. A CRA may charge a reasonable fee for the same.
*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 by presenting to its information source, and usually within 30 days, all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRAs, to which it has provided the data, of any errors. 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 furture 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.
*Innaccurate 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 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 verified 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 dispte 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.
*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 bankruptsies.
*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 consent. A CRA may not report medical inforation about you to creditors, insurers, or employers without your consent.
*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.
*You may seek damages from violators.*
If a CRA, a user or 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.
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For questions or concerns regarding: Please contact:
CRAS, Creditors and others not Federal Trade Commission
listed below Consumer Response Center -- FCRA
Washington, DC 20580
202-326-3761
National Banks, Federal Branches Office of the Comptroller of the
or Agencies of foreign banks ("N.A." Currency Compliance Management
appears in or after the bank's name) Mail Stop 6-6
Washington, DC 20219
800-613-6743
Federal Reserve System Member Federal Reserve Board
Banks (Except National banks, and Division of Consumer/Community
Federal Branches/Agencies or Affairs
foreign banks) Washington, DC 20551
202-452-3693
Savings Associations and Federally Office of Thrift Supervision
chartered savings banks (word Consumer Programs
"Federal" or initials "F.S.B" appear Washington, DC, 20552
in Federal institution's names) 800-842-6929
Federal Credit Unions National Credit Union Administration
(words "Federal Credit 1775 Duke Street
Union" appear in institution's name), Alexandria, VA 22314
703-518-6360
State-Chartered Banks that are Federal Deposit Insurance Corporation
not members of the Federal Division of Compliance/Consumer Affairs
Reserve System Washington, DC 20429
202-366-FDIC
Message Edited by MercyMe on
05-18-2007 04:58 PM