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Presented by the
Federal Trade Commission
March 1999
Your credit report--a type of consumer
report--contains information about where you work and live and how you
pay your bills. It also may show whether you've been sued or arrested
or have filed for bankruptcy. Companies called consumer reporting
agencies (CRAs) or credit bureaus compile and sell your credit report
to businesses. Because businesses use this information to evaluate
your applications for credit, insurance, employment, and other
purposes allowed by the Fair Credit Reporting Act (FCRA), it's
important that the information in your report is complete and
accurate.
Some financial advisors suggest that you periodically review your
credit report for inaccuracies or omissions. This could be especially
important if you're considering making a major purchase, such as
buying a home. Checking in advance on the accuracy of information in
your credit file could speed the credit-granting process.
Getting Your Credit
Report
If you've been denied credit, insurance, or employment because of
information supplied by a CRA, the FCRA says the company you applied
to must give you the CRA's name, address, and telephone number. If you
contact the agency for a copy of your report within 60 days of
receiving a denial notice, the report is free. In addition, you're
entitled to one free copy of your report a year if you certify in
writing that (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 $8.50 for a
copy of your report.
If you simply want a copy of your report, call the CRAs listed in
the Yellow Pages under "credit" or "credit rating and
reporting." Call each credit bureau listed since more than one
agency may have a file on you, some with different information. The
three major national credit bureaus are:
- Equifax, P.O. Box 740241, Atlanta, GA
30374-0241; (800) 685-1111.
- Experian (formerly TRW), P.O. Box 2002, Allen,
TX 75013; (888) EXPERIAN (397-3742).
- Trans Union, P.O. Box 1000, Chester, PA 19022;
(800) 916-8800.
Correcting Errors
Under the FCRA, both the CRA and the organization that provided the
information to the CRA, such as a bank or credit card company, have
responsibilities for correcting inaccurate or incomplete information
in your report. To protect all your rights under the law, contact both
the CRA and the information provider.
First, tell the CRA in writing what information you believe is
inaccurate. Include copies (NOT originals) of documents that support
your position. In addition to providing your complete name and
address, your letter should clearly identify each item in your report
you dispute, state the facts and explain why you dispute the
information, and request deletion or correction. You may want to
enclose a copy of your report with the items in question circled. Your
letter may look something like the sample
below. Send your letter by certified mail, return receipt requested,
so you can document what the CRA received. Keep copies of your dispute
letter and enclosures.
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 they can correct
this information in your file. l Disputed information that cannot be
verified must be deleted from your file.
- If your report contains erroneous information, the CRA must
correct it.
- If an item is incomplete, the CRA must complete it. For example,
if your file showed that you were late making payments, but failed
to show that you were no longer delinquent, the CRA must show that
you're current.
- If your file shows an account that belongs only to another
person, the CRA must delete it.
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.
Also, if you request, the CRA must send notices of corrections to
anyone who received your report in the past six months. Job applicants
can have a corrected copy of their report sent to anyone who received
a copy during the past two years for employment purposes. If a
reinvestigation does not resolve your dispute, ask the CRA to include
your statement of the dispute in your file and in future reports.
Second, in addition to writing to the CRA, tell the creditor or
other information provider in writing that you dispute an item. Again,
include copies (NOT originals) of documents that support your
position. 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 disputed
information is not accurate-the information provider may not use it
again. Accurate Negative Information When negative information in your
report is accurate, only the passage of time can assure its removal.
Accurate negative information can generally stay on your report for 7
years. There are certain exceptions:
- Information about criminal convictions may be reported without
any time limitation.
- Bankruptcy information may be reported for 10 years.
- Credit information reported in response to an application for a
job with a salary of more than $75,000 has no time limit.
- Credit 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. Criminal convictions
can be reported without any time limit.
Adding Accounts to Your
File
Your credit file may not reflect all your credit accounts. Although
most national department store and all-purpose bank credit card
accounts will be included in your file, not all creditors supply
information to CRAs: Some travel, entertainment, gasoline card
companies, local retailers, and credit unions are among those
creditors that don't. If you've been told you were denied credit
because of an "insufficient credit file" or "no credit
file" and you have accounts with creditors that don't appear in
your credit file, ask the CRA to add this information to future
reports. Although they are not required to do so, many CRAs will add
verifiable accounts for a fee. You should, however, understand that if
these creditors do not report to the CRA on a regular basis, these
added items will not be updated in your file.
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 any of 150
consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357),
or use the online
complaint form. 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 worldwide.
Sample
Dispute Letter
Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Credit Reporting Agency
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute the following information in my
file. The items I
dispute are also encircled on the attached copy of the
report I received.
(Identify item(s) disputed by name of source, such as
creditors or tax
court, and identify type of item, such as credit account,
judgment, etc.)
This item is (inaccurate or incomplete) because (describe
what is
inaccurate or incomplete and why). I am requesting that the
item be
deleted (or request another specific change) to correct the
information.
Enclosed are copies of (use this sentence if applicable and
describe any
enclosed documentation, such as payment records, court
documents)
supporting my position. Please reinvestigate this (these)
matter(s) and
(delete or correct) the disputed item(s) as soon as
possible.
Sincerely,
Your name
Enclosures: (List what you are enclosing) |
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