There are
dozens of different types of credit you can obtain -- department-store
credit accounts, auto loans, Visa and Mastercards, mortgages,
and many more. But utility credit is probably the most important
kind. Utility credit is the credit you need to open an account
with the electric, water and gas companies. Even if you don't
qualify for the Sears card or a primo mortgage rate, you definitely
want enough credit to get the electricity turned on in your apartment
or house.
The utility
companies work pretty much the way everyone else in the credit
world works: you get service now and pay later. And the electric
and water companies keep records of how timely you are in paying
your bills just like everyone else does, and what they record
goes on your credit report.
And if you haven't learned yet, your credit
report is the closest thing in life to that "permanent
record" your teachers were always warning you about in school.
The bills you don't pay on time are recorded and can come back
to haunt you later on, even if you're making a lot more money
at that time.
There's one
big difference between utility credit and the credit you get from
stores, banks, and the like: the law. Simply put, it's a lot harder
for the electric company to turn off your power than it is for
the credit card company to cancel your account. The government
isn't totally heartless; they don't want families freezing or
starving to death just because they're short of cash this month.
Here's a look
at how the law works when it comes to utility services:
Deposits
Utility
companies frequently require new customers to make a deposit or
get a letter of guarantee from a person who agrees to pay the
bill if the customer does not. Under the law, requiring only some
customers to pay a deposit or get a letter of guarantee is offering
them credit on less favorable terms. If done on a discriminatory
basis, it is illegal.
The utility
company generally can require you to make a deposit or obtain
a letter of guarantee if you are a new customer and all new customers
are required to pay a deposit, or if you have a bad utility credit
history.
Determining
Your Utility Credit History
What
if your spouse had a bad utility credit history? Could that reflect
on you? In some circumstances, it could.
If your spouse's
credit history is bad, the utility company could consider that
credit history yours and ask you to pay a deposit or get a letter
of guarantee. However, the ECOA gives consumers the opportunity
to prove that their spouse's bad credit history does not reflect
their own unwillingness or inability to pay.
For example,
if you were seeking utility services in your own name but your
bad credit history reflects your former spouse's credit practices,
not yours, the utility company would have to consider any evidence
you provide that you were not part of your former spouse's bad
credit practices. That might include information demonstrating
that you did not live with the spouse when the account was overdue,
that you never saw the bills, or that you paid the bills once
you discovered they were overdue.
However, your
spouse's utility credit history can be considered yours if your
spouse lived with you or you benefited from using the account.
If you live in a community property state, the utility company
can consider any information about your spouse that it can consider
about you when determining your credit history - even if you were
not living together and did not share the account while it was
open. To learn whether you live in a community property state,
check with your state consumer protection agency.
If you cannot
convince the utility company that the bad credit history is not
yours, you may have to pay a deposit or get a letter of guarantee.
Or, you may be asked to pay your spouse's old debts before your
service is connected. In the latter case, the company's right
to take such action is governed by state law, not the ECOA. Contact
your city or county consumer protection office for more information.
Get
It In Writing
If you
are denied utility credit (or any credit) or offered less favorable
credit terms than you applied for and you reject the offer, you
have the right to know the reasons for the company's action. If
your application is denied, or if you reject the company's offer
of less favorable terms, the company must send you a notice stating
either the specific reasons for the action or stating your right
to get the reasons within 30 days (if you make your request within
60 days of the company's notice to you). Always put your request
in writing.
Learning the
reason may help you become more creditworthy, correct errors,
or detect unlawful discrimination.
For
More Information
The FTC works for the consumer to prevent fraudulent, deceptive
and unfair business practices in the marketplace and to provide
information to help consumers spot, stop, and avoid them. To file
a complaint or to get free information on consumer issues, visit
www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357);
TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity
theft, and other fraud-related complaints into Consumer Sentinel,
a secure, online database available to hundreds of civil and criminal
law enforcement agencies in the U.S. and abroad.
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