If you've
ever applied for a charge account, a personal loan, insurance,
or a job, there's a file about you. This file contains information
on where you work and live, how you pay your bills, and whether
you've been sued, arrested, or filed for bankruptcy.
Companies
that gather and sell this information are called Consumer Reporting
Agencies (CRAs). The most common type of CRA is the credit bureau.
The information CRAs sell about you to creditors, employers, insurers,
and other businesses is called a consumer report.
The Fair Credit Reporting Act (FCRA), enforced by the Federal
Trade Commission, is designed to promote accuracy and ensure the
privacy of the information used in consumer reports. Recent amendments
to the Act expand your rights and place additional requirements
on CRAs. A variety of reputable companies such as ConsumerInfo.com
will instantly give you a free copy of your credit report through
their websites, or you can order your credit report directly from
any one of the three major credit bureaus: Experian,
Equifax and TransUnion.
Here are some
questions consumers commonly ask about consumer reports and CRAs
- and the answers. Note that you may have additional rights under
state laws. Contact your state Attorney General or local consumer
protection agency for more information.
Q. How do I find the CRA that has my report?
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
800-685-1111
www.equifax.com
Experian
888-EXPERIAN (888-397-3742)
www.experian.com
Trans Union
800-916-8800
www.transunion.com
In addition,
anyone who takes action against you in response to a report supplied
by a CRA - such as denying your application for credit, insurance,
or employment - must give you the name, address, and telephone
number of the CRA that provided the report.
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 60 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 (1) you're unemployed and plan to look for
a job within 60 days, (2) you're on welfare, or (3) your report
is inaccurate because of fraud. Otherwise, a CRA may charge you
up to $9 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 all 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.
Second, tell
the creditor or other information provider in writing that you
dispute an item. Many providers specify an address for disputes.
If the provider then reports the item to any CRA, it must include
a notice of your dispute. In addition, if you are correct - that
is, if the information is inaccurate - the information provider
may not use it again.
Q.
What can I do if the CRA/information provider won't correct the
info I dispute?
A. A reinvestigation may not resolve your dispute with the CRA.
If that's the 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.
If you tell
the information provider that you dispute an item, a notice of
your dispute must be included anytime the information provider
reports the item to a CRA.
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 you applied to. 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:
Information
about criminal convictions may be reported without any time limitation.
Bankruptcy information may be reported for 10 years.
Information reported in response to an application for a job with
a salary of more than $75,000 has no time limit.
Information reported because of an application for more than $150,000
worth of credit or life insurance has no time limit.
Information about a lawsuit or an unpaid judgment against you
can be reported for seven years or until the statute of limitations
runs out, whichever is longer.
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, a user or - in some cases - a 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 - if 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, DC 20580.
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