How
do I find the Credit Reporting Agency (CRA) that has my report?
Do I have a right to know what is on my report?
Is there a charge for my report?
What can I do about inaccurate or incomplete information?
What can I do if the CRA or information provider will not correct the
information I dispute?
Can my employer get my report?
Can creditors, employers, or insurers get a report that contains medical
information about me?
What should I know about "investigative consumer reports"?
For how long can a CRA report negative information?
Can anyone obtain a copy of my report?
Do I have the right to sue for damages?
Are there other laws I should know about?
Where should I report violations of the law?
How do I find the CRA that has my report?
Contact the Credit Reporting Agencies (CRA) listed in the Yellow Pages under
"credit" or "credit rating and reporting." 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
P.O. Box 740241
Atlanta, GA 30374-0241
(800) 685-1111
Experian
P.O. Box 2104
Allen, TX 75013
(888) EXPERIAN (888-397-3742)
Trans Union
P.O. Box 1000
Chester, PA 19022
(800) 916-8800
Additionally, if anyone takes action against you in response to a report
supplied by a CRA, they must provide you the name, address, and telephone
number of the CRA. Actions may include denying your credit application,
insurance, or employment.
Do I have a right to know what is on my
report?
Yes, but you will need to ask for it. A CRA must divulge to you everything that
is on your report. This includes medical information, as well as the sources of
the information. These agencies are also required to provide you a list of
everyone who has requested your report within the past year (or two years for
employment related requests).
Is there a charge for my report?
Sometimes. There is no charge if a company takes adverse action against you,
such as denying your application for credit, insurance or employment, if you
request your report within 60 days of receiving the notice of the action. The
notice will provide you the name, address, and phone number of the CRA. In
addition, you are entitled to one free report per year if: you are unemployed
and plan to look for a job within 60 days, you are on welfare, or your report
is inaccurate because of fraud. Otherwise, a CRA may charge you up to $9 for a
copy of your report.
What can I do about inaccurate or
incomplete information?
Under the Fair Credit Reporting Act, both the CRA and the information provider
are responsible for correcting inaccurate or incomplete information on your
report. To protect your rights under this law, contact both the CRA and the
information provider. Inform the CRA in writing of the information you believe
to be inaccurate. CRAs must investigate the items in question, usually within
30 days. They must also forward all pertinent data that you provide about the
dispute to the information provider. After they receive the notice of dispute
from the CRA they will investigate and review the data and then report back to
the CRA. If the information provider finds the disputed information to be
inaccurate, it must notify all nationwide CRAs so the information can be
corrected on your report.
After the CRA completes the investigation they must provide you with the
written results as well as a free copy of your credit report if the
investigation results in a change. If an item is changed or removed, the CRA
cannot put disputed information back in your file unless the information has
been found accurate and complete and the CRA sends you a written notice that
includes the name, address, and phone number of the provider.
If the provider then reports the item to any CRA, it must include a notice of
your dispute if you are correct. Otherwise, if the information is inaccurate
the information provider may not use it again.
What can I do if the CRA or information
provider will not correct the information I dispute?
A reinvestigation may not resolve your dispute with the CRA. If that is the
case, ask the CRA to include your statement of the dispute in your file and on
future reports. If requested the CRA will also provide your statement to anyone
who received a copy of the old report recently, however 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.
Can my employer obtain my report?
Only if you say it is okay. A CRA may not supply information about you to your
employer, or to a prospective employer, without your consent.
Can creditors, employers, or insurers get
a report that contains medical information about me?
Not without your approval.
What should I know about "investigative
consumer reports"?
"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.
For how long can a CRA report negative
information?
Seven years, with 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
Can anyone obtain a copy of my report?
No. The FCRA only allows people with a legitimate business need to request your
report. For example, a company is allowed to obtain your report if you apply
for credit, insurance, employment, or to rent an apartment.
Do I have the right to sue for damages?
You may sue a CRA, a user or a provider of CRA data, in state or federal court
for 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.
Are there other laws I should know
about?
Yes. If your credit application was denied, the Equal Credit Opportunity Act
requires creditors to specify why. 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 that may be supplied about your
credit history. You will want to find out why the creditor denied your
application before you contact the CRA.
Where should I report violations of the
law?
Although the FTC cannot 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, D.C. 20580.