Your
Credit Report
Your credit payment history is recorded in a file or report.
These files or reports are maintained and sold by consumer
reporting agencies (CRAs). One type of CRA is commonly known
as a credit bureau. You have a credit record on file at a
credit bureau if you have ever applied for a credit or charge
account, a personal loan, insurance, or a job. Your credit
record contains information about your income, debts, and
credit payment history. It also indicates whether you have
been sued, arrested, or have filed for bankruptcy.
The
Fair Credit Reporting Act (FCRA) is designed to help
ensure that CRAs furnish correct and complete information
to businesses to use when evaluating your application.
Your
rights under the Fair Credit Reporting Act:
- You
have the right to receive a copy of your credit report.
The copy of your report must contain all of the information
in your file at the time of your request.
- You
have the right to know the name of anyone who received
your credit report in the last year for most purposes
or in the last two years for employment purposes.
- Any
company that denies your application must supply the
name and address of the CRA they contacted, provided
the denial was based on information given by the CRA.
- You
have the right to a free copy of your credit
report when your application is denied because of information
supplied by the CRA. Your request must be made within
60 days of receiving your denial notice.
- If
you contest the completeness or accuracy of information
in your report, you should file a dispute with the
CRA and with the company that furnished the information
to the CRA. Both the CRA and the furnisher of information
are legally obligated to investigate your dispute.
You
have a right to add a summary explanation to your credit
report if your dispute is not resolved to your satisfaction.
Your
Credit Application
When creditors evaluate a credit application, they cannot
lawfully engage in discriminatory practices.
The
Equal Credit Opportunity Act (ECOA) prohibits credit
discrimination on the basis of sex, race, marital status,
religion, national origin, age, or receipt of public
assistance. Creditors may ask for this information (except
religion) in certain situations, but may not use it to
discriminate when deciding whether to grant you credit.
The
ECOA protects consumers who deal with companies that regularly
extend credit, including banks, small loan and finance
companies, retail and department stores, credit card companies,
and credit unions. Everyone who participates in the decision
to grant credit, including real estate brokers who arrange
financing, must follow this law. Businesses applying for
credit also are protected by this law.
Your
rights under the Equal Credit Opportunity Act:
- You
cannot be denied credit based on your race, sex, marital
status, religion, age, national origin, or receipt
of public assistance.
- You
have the right to have reliable public assistance considered
in the same manner as other income.
- If
you are denied credit, you have a legal right to know
why.
Your
Credit Billing and Electronic Fund Transfer Statements
It is important to check credit billing and electronic fund
transfer account statements regularly. These documents may
contain mistakes that could damage your credit status or
reflect improper charges or transfers. If you find an error
or discrepancy, notify the company and contest the error
immediately. The Fair Credit Billing Act (FCBA) and Electronic
Fund Transfer Act (EFTA) establish procedures for resolving
mistakes on credit billing and electronic fund transfer account
statements, including:
- charges
or electronic fund transfers that you, or anyone you
have authorized to use your account have not made;
- charges
or electronic fund transfers that are incorrectly identified
or show the wrong amount or date;
- computation
or similar errors;
- failure
to reflect payments, credits, or electronic fund transfers
properly;
- not
mailing or delivering credit billing statements to
your current address, as long as that address was received
by the creditor in writing at least twenty days before
the billing period ended;
- charges
or electronic fund transfers for which you request
an explanation or documentation, due to a possible
error.
The
FCBA generally applies only to "open end" credit
accounts, credit cards, revolving charge accounts (such
as department store accounts), and overdraft checking accounts.
It does not apply to loans or credit sales that are paid
according to a fixed schedule until the entire amount is
paid back, such as an automobile loan. The EFTA applies
to electronic fund transfers, such as those involving automatic
teller machines (ATMs), point-of-sale debit transactions,
and other electronic banking transactions.
Your
Debts and Debt Collectors
You are responsible for your debts. If you fall behind in
paying your creditors or an error is made on your account,
you may be contacted by a "debt collector." A debt
collector is any person, other than the creditor, who regularly
collects debts owed to others. This includes lawyers who
collect debts on a regular basis. You have the right to be
treated fairly by debt collectors.
The
Fair Debt Collection Practices Act (FDCPA) applies
to personal, family, and household debts. This includes
money owed for the purchase of a car, for medical care,
or for charge accounts. The FDCPA prohibits debt collectors
from engaging in unfair, deceptive, or abusive practices
while collecting these debts.
Your
rights under the Fair Debt Collection Practices Act:
- Debt
collectors may contact you only between 8 a.m. and
9 p.m.
- Debt
collectors may not contact you at work if they know
your employer disapproves.
- Debt
collectors may not harass, oppress, or abuse you.
- Debt
collectors may not lie when collecting debts, such
as falsely implying that you have committed a crime.
- Debt
collectors must identify themselves to you on the phone.
- Debt
collectors must stop contacting you if you ask them
to in writing.
Solving
Your Credit Problems
Your credit report influences your purchasing power, as well
as your chances to get a job, rent or buy an apartment or
a house, and buy insurance. A history of timely credit payments
helps you get additional credit. Accurate negative information
can stay on your report for seven years. A bankruptcy can
stay on your report for 10 years. If you are having problems
paying your bills, contact your creditors at once. Try to
work out a modified payment plan with them that reduces your
payments to a more manageable level. Don't wait until your
account has been turned over to a debt collector.
Here
are some additional tips for solving credit problems:
- If
you want to contest a credit report, bill or credit
denial, contact the appropriate company in writing
and send it "return receipt requested."
- When
you contest a billing error, include your name, account
number, the dollar amount in question, and the reason
you believe the bill is wrong.
- If
in doubt, request written verification of a debt.
- Keep
all your original documents, especially receipts, sales
slips, and billing statements. You will need them if
you dispute a credit bill or report. Send copies only.
It may take more than one letter to correct problems.
- Be
skeptical of businesses that offer instant solutions
to credit problems.
- Be
persistent. Resolving credit problems can take time
and effort.
- There
is nothing a credit repair company can do for
you for a fee, that you cannot do for yourself for
little or no cost.
If
you can't resolve your credit problems yourself or if you
need help, you may want to contact a credit counseling
service. Nonprofit organizations in every state counsel
consumers in debt. Counselors try to arrange repayment
plans that are acceptable to you and your creditors. They
also can help you set up a realistic budget. These services
usually are offered at little or no cost.
Universities,
military bases, credit unions, and housing authorities
also may offer low- or no-cost credit counseling programs.
Check the white pages of your telephone directory for a
service near you.
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 by the FTC.
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