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In my quest for refinancing I would like to share some valuable sources that involve Credit Reporting Agencies, credit scores, dealing with the Credit Reporting Agencies, and other useful information I have compiled.

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Understanding Your Credit Score (FICO)

$20,000 car paid over 5 years:

CREDIT STATUS

RATE

PAYMENT

COST OF BAD CREDIT

Perfect
Mildly Damaged
Damaged

10%
14%
20%

$424.94
$465.37
$529.88

$0.00
$4,722.54
$8,593.30

Fair, Isaac and Co. is the San Rafael, California Company founded in 1956 by Bill Fair and Earl Isaac. They pioneered the field of credit scoring for financial companies. They have expanded their enterprise to cover decision systems, analytics and consulting. Every credit agency, and most lenders, calculate your credit score using software from FICO (Beacon) or in house software based on the FICO rating system.
What does your score mean?
This rating system is meant to develop a snapshot of the risk you currently represent to a lender. Several parameters in your credit file, including length of credit history, number of open accounts, loans, mortgages, public records, and others are formulated to produce a three-digit score between about 300 and 950. There are other scores used by lenders and insurance companies (some of which are developed by FICO) such as Application and Behavior scores.  These other scores take other information into account.  Usually a lender will use a combination of your credit score with other factors when determining your risk. They all have the same objective, to determine the borrower’s potential risk. Regardless of whether the score was generated by FICO or a system based on FICO parameters, they all yield an industry standard three-digit score. This score places the borrower in one of three main categories (we named the third one ourselves.)
Prime, sub-prime, and shafted
Prime
If your credit score is above 680, you are considered a "prime borrower" and will have no problem getting a good interest rate on your home loan, car loan, or credit card.
Sub-prime If your credit score is below 680, you are "sub prime", and will likely pay a much higher interest rate on your loan.
Shafted Below 560 is the shafted score. At least that is how most lenders and credit issuers perceive it. You can still get a credit card but you will likely be hit with a security deposit or high acquisition fee. In addition to that your interest rate will likely be 22 to 23%. You can forget about most home loans and the majority of new car loans at this score. Below 560 is no place to be. You will pay much, much more in higher interest and unnecessary fees. You may even pay more for your insurance rates. A very low score can even prevent you from getting a job with many companies.
How much does a low score cost you?Credit Cards Most if not all prime credit cards are entirely out of reach to consumers with bad credit. And the few credit cards that are available to them (known as “sub-prime” cards) typically require exorbitant setup fees or recurring monthly fees, offer very low credit lines, often require cash deposits, and in most cases do not even report your positive credit activity to the credit bureaus.Automobile Financing If you are making payments on a car, you are probably paying between $5,000 and $9,000 more just for having bad credit. This added interest shows up every month in a higher payment. Take a look.

$100,000 home paid over 30 years:

CREDIT STATUS

RATE

PAYMENT

COST OF BAD CREDIT

Perfect
Mildly Damaged
Damaged

7%
9%
12%

$655.30
$804.62
$1,028.61

$0.00
$50,155.24
$130,791.63

Home Mortgage Bad credit in auto financing can really hurt, but it is nothing compared to the cost of bad credit when a home is involved. A typical home can cost between $50,000 and $130,000 more in interest if you are buying the home with bad credit.

As you can see, a low score can cost you hundreds of dollars per month. Which is why it is so important to obtain and maintain as high a score as possible.How are credit scores calculated?The methods of calculating your FICO may differ slightly depending on the credit bureau. When obtaining your score from one of the Credit Bureaus it is important to understand that your score does not come directly from FICO. It is adapted to each bureau and is given its own name: Equifax uses “Beacon”, Trans Union uses “Empirica”, and Experian uses “Experian/Fair Isaac.” These scores are also referred to as your “Bureau Scores.”Since your score is derived from your bureau data, it will change every time your reports change. However your score is calculated, it will always take into consideration many categories of information. No one piece of information or factor determines your score. As the information in your credit report changes, the importance of one or several factors may change in your FICO score. Lenders look at many things when making a credit decision, including your income and the kind of credit you are applying for. However, your FICO score does not reflect these facts as it only evaluates the information retained by the credit reporting agency.What factors affect your credit score?There are five factors which are used in credit scoring calculations that determine your overall credit score.Previous Credit Performance (Payment History) 35% A lender wants to know what your payment history is like. Have you paid everything on time, are you late on anything now, and so on. Your payment history is just one piece of information used in calculating your score, although it can be the very important.Payment history on your accounts. These include credit cards, retail accounts (department store credit cards), installment loans, finance company accounts and mortgage loans. Collection items and Public records. This includes judgments, bankruptcies, suits, liens, collection items and wage attachments. Most of these are considered quite serious, although older items count less than recent ones. It’s all in the details. This includes specific details on late and missed payments. Negative information/late pays are determined using three factors.Recency - How long ago was the last delinquency?How old is the late pay? A 30-day late payment made just a month ago will effect yourscore much more than a 90-day late payment from five years ago. Sever delinquency was reached?
How late was the payment made? 30 days, 60 days, 90 days or worst of all, is the payment still outstanding. Prevalence - How many credit obligations have been delinquent?The amount of negative items as compared to your total amount of available credit. For instance, 5 accounts showing 3 late payments is much worse than 10 accounts showing 4 late payments. One of the biggest sub factors is how many accounts show no late payments. A good track record on most of your credit accounts will increase your over all FICO score substantially.

Current Level of Indebtedness (Amount Owed) 30% How much is too much? Can the borrower pay me and still afford to pay his other bills? Not necessarily. Having available credit can actually help your ratio of debt to available credit. These are the types of questions that most borrowers want to know and the answers are almost as important as your previous credit history.Total amount owed on all open accounts. Paying off your credit cards in full every month, does not mean that they won’t show a balance on your report. Your total balance on your last statement is generally the amount that will show in your credit report. Specific types of accounts, such as credit cards and installment loans are scored differently and in conjunction with the overall amount owed on all open accounts. This also factors into your balance on each specific type of account. For instance; you have a credit card with a very small balance and no late pays. Even though the balance is low, this still looks very good as it shows that you are able to manage your credit responsibly How many accounts do you have open and how many have balances? A large number of open accounts, even with small balances, can indicate higher risk of over-extension. This is weighted in your FICO score but most lenders leave it to their discretion as they have access to your income amount. For the most part though it is good not to have too many credit card accounts, three maximum. How much of the total credit that is available to you are you using? In other words, Are you close to maxing out? For example, if you have a credit card with an available credit line of $1000 dollars and you have a current balance of $850.00 or more, then you are nearly “maxed out.” Several credit cards or other debts with balances approaching the credit limit will effect your score negatively. Even if you have made your payments responsibly. Your FICO score will factor your overall ratio of debt to your overall limits.

Overall Ratio

Account

Amount owed

Limit/Loan amount

Percentage

Visa

$500

$1000

50%

Mastercard

$50

$1000

5%

Car loan

$11,000

$25,000

44%

Home loan

$95,000

$145,000

65%

Total

$106,550

$172,000

61%

Amount of Time Credit Has Been In Use (Length of Credit) 15% Generally speaking, the longer the credit history the better your score. However, this factor only makes up 15% of your total score so even young people, students or others with short histories can still score high overall as long as the other factors show good. If you are new to credit than there is little you can do to improve this part of your score. Open an account and be patient.

  • How long your credit accounts have been open or the number of months you have been in the credit bureau’s file.
  • The age of your oldest account and the average age of all your accounts are taken into consideration
  • How long it has been since you used certain accounts as well as the mix of older and new trade lines

Pursuit of New Credit (10%) Credit is much more popular today. Just look at the number of credit card offers you get via the Internet and in the mail. Consumers can now shop for credit and find the best terms to meet their needs. Each time someone runs a credit check on you, it creates an inquiry.

Fair Isaac has changed some of its calculations to account for these new trends. Specifically, they treat a group of inquiries — which probably represents a search for the best rate on a single loan — as though it was a single inquiry (note: this only applies to auto or mortgage loan inquiries.) For example, auto loan inquires that are within 14 days of each other only count as one inquiry.

Your score takes into account:

  • How many new credit obligations have recently been assumed? Opening several credit card accounts at the same time can look bad. What FICO looks for is “To what extent is this consumer trying to open new credit accounts?”
  • How recent were these efforts? How long it has been since you opened a new account. Primary consideration is given to the following:
    • Number of inquiries in last six months
    • Number of trade lines opened in last year
    • Number of months since most recent inquiry

 

  • There are no good inquiries. Inquiries are typically seen as a request for credit and thus are factored as if you are searching for credit. Every time you fill out one of those credit card applications to get a free hat, you are also getting a free inquiry. Every time you fill out an online application for a credit card, or other type of loan, you are getting an inquiry. Too many inquiries looks bad. While there are no good inquires there are neutral inquiries. These inquiries are most often known as:
    • Consumer initiated. A request for your credit report shows as a consumer inquiry. When you run a credit check on yourself. (provided that you don’t call your mortgage broker buddy to pull your report)
    • Pre-Approval. If a potential lender has viewed your credit reports to determine whether they want to offer you a loan, these are not factored into your score. However, once you fill out a credit application, your full report will be reviewed and a “bad” inquiry will appear on your reports.
    • Periodic Review. Many lenders will periodically review the credit reports of their current customers to see if there have been any major changes to their credit reports. If the lender discovers that your credit score is now too low for their standards, they may close your account. These inquiries created as a result of the periodic reviews are not supposed to be factored into your credit score.

Type

# of days ago

# of inquiries

Notes

Dept. Store

68

1

Applied for one dept. card

Mortgage

65

1

Two mortgage apps within 30 days of each other counts as only one inquiry

Mortgage

56

Auto

25

1

 

Auto

9

Not counted at all if within 30 days of first inquiry.

These two don’t count at all as they were within 30 days of the first app and within 15 days of each other.

Auto

7

Bank card

5

1

 


  • How inquiries are computed is somewhat complex. The above table is meant as a basic guide but does not cover all the different calculations. As a reasonable measure you should avoid unnecessary inquiries. The system is designed to take into account rate shopping but things like applying to credit card offers will add inquires to your file.

Types of Credit Experience (10%) A healthy mix of different types of credit, installment loans, retail accounts, credit cards, and mortgage. This score is not normally a key factor in determining your score but it can help a close score. Its not a good idea to try and open different types of accounts just to try and make this factor better. It will likely reduce your score in other areas. You should never open accounts you don’t intend to use anyway.

What type of accounts you have, and how many, can make a big difference. The optimal ratio of installment versus revolving accounts depends on your profile and differs from person to person. One factor that seems to have significant influence is your percent of open installment loans. Too many can lower this portion of your score.

Cracking the code

If you are denied credit, you will receive four reason codes which indicate why you were denied. These codes appear in order of importance, below. The first code has the strongest impact, followed in declining impact by the second, third and forth reason.

A typical readout your lender might view follows. This particular readout presents information from all three credit agencies. In the example below, the individual failed to qualify for each credit agency and the reasons are listed in descending order.

***** BORROWER: SMITH, JOE M. *****

TU Score: [00623]
Reason1=[022]   Reason2=[016]
Reason3=[028]   Reason4=[004]

Experian Score: [00629]
Reason1=[022]   Reason2=[016]
Reason3=[028]   Reason4=[032]

EQUIFAX: [00617]
Reason1=[022] Reason2=[016]
Reason3=[028] Reason4=[032]


All three credit agencies do not always have the exact same information therefore your three scores will differ slightly. As a general rule though, if you fail to qualify at one agency you are likely to still be denied if one of the other bureaus is checked. Most mortgage loans companies will run all three credit agencies and take the lowest score.

Reason

Experian

TU

Equifax

Amount owed on accounts is too high

1

1

1

Delinquency on Accounts

2

2

2

Too few bank revolving accounts

3

N/A

3

Too many bank or nat’l revolving accounts

4

N/A

4

Too many accounts with balances

5

5

5

Consumer finance accounts

6

6

6

Account payment history too new to rate

7

7

7

Too many recent inquiries last 12 months

8

8

8

Too many accounts opened in last 12 months

9

9

9

Proportion of balances to credit limit too high

10

10

10

Amount owed on revolving accounts is too high

11

11

11

Length of revolving credit history is too short

12

12

12

Time since delinquent is too recent or unknown

13

13

13

Length of credit history is too short

14

14

14

Lack of recent bank revolving information

15

15

15

Lack of recent revolving account information

16

16

16

No recent non-mortgage balance information

17

17

17

Number of accounts with delinquency

18

18

18

Too few accounts currently paid as agreed

19

27

19

Time since derogatory public record or collection

20

20

20

Amount past due on accounts

21

21

21

Serious delinq., derog. public record or collection

22

22

22

Too many bank or nat'l revolving accts w/ balances

N/A

N/A

23

No recent revolving balances

24

24

24

Proportion of loan balance to loan amt. too high

33

3

33

Lack of recent installment loan information

32

4

32

Date of last inquiry too recent

N/A

19

N/A

Time since last account opening too short

30

30

30

Number of revolving accounts

26

N/A

26

Number of bank revolving or revolving accounts

N/A

26

N/A

Number of established accounts

28

28

28

No recent bankcard balances

N/A

29

N/A

Too few accounts with recent payment information

31

N/A

31


Note that these codes change often, and may not represent the current codes as of this writing.

Improving your credit score

Now that you know how your score is calculated, you can begin making changes to your current financial planning. The best things you can do are simple.

  • Pay your bills on time. Sounds simple, but this is the biggest thing you can do to keep your score high. Delinquent payments and collections have a major negative impact on a score.
  • Keep your balances low on unsecured revolving debt like credit cards. High outstanding balances can affect a score.
  • The amount of your unused credit is an important factor in calculating your score. You should only apply for credit that you need.
  • Make sure the information in your credit report is correct. If its not, dispute it with the credit agencies and/or with the creditor directly.
  • Removing negative items on your credit reports has the biggest impact on your FICO score. Generally, negative items stay on your reports for seven years but you can hire a professional credit report repair service such as Lexington Law Firm to do it for you.

 

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Copyright © 2004 Lexington Law Firm. All rights reserved.

 

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NATIONAL CREDIT AUDITORS, INC.

P.O. Box 55111 Portland, Oregon 97238

(503) 720-7683 / (360) 607-6292 / Fax (360) 256-7332

 

TO OBTAIN YOUR CREDIT REPORTS

 

MAIL THE FOLLOWING LETTER TO EACH OF THE THREE BUREAUS

IF YOU HAVE BEEN TURNED DOWN FOR CREDIT YOU MAY ORDER YOUR REPORTS BY PHONE (HAVE TURN DOWN LETTER HANDY WHEN MAKING CALL ) OTHERWISE MAIL YOUR REQUEST USING FOLLOWING ADDRESSES.

 

Use the following letter to obtain your credit reports. You are entitled to a complimentary copy if you have been denied credit. Or you may obtain a report from EXPERIAN, TRANS UNION, EQUIFAX for a $9.00 charge per person per report, if there has been no credit denial in last 60 days.

 

·  To whom it may concern, please send me copy of my report.

·  My Full Name  { Last, First, Middle. Jr., SR, III }

·  Current Address and Zip Code

·  Former Address and Zip Code Last 2 Years

·  Social Security Number and Date of Birth

·  Copy of Turn down Letter from creditor, or name of creditor. If requesting

    complimentary copy of report.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                         

 

Ø      Send Certification of Name and Address, such as Copy of Driver’s License, SS Card, Bank Statement or something that certifies proper person is requesting credit report. If spouse’s report is requested same information is needed. ID proof must match your current address.

 

ADDRESSES TO USE FOR OBTAINING CREDIT REPORTS

 

EXPERIAN                                EQUIFAX                                TRANS UNION

P.O. BOX 2104                           P.O. BOX 105873                    P.O. BOX 1000

ALLEN, TX.                               ATLANTA, GA.                      CHESTER,PA.

75013-2104                                  30348                                          19022

 

TO ORDER BY PHONE  a credit card or turn down is required.

 

EXPERIAN   1-800-311-4769   1-888-397-3742 

TRANS UNION   1-800-916-8800    1-800-888-4213

EQUIFAX   1-800-685-1111    1-800-378-2732   1-888-532-0179

 

ALSO ALL THREE BUREAUS HAVE WEB PAGES UNDER THEIR NAME,

USE THEIR NAME IN THE SEARCH WEB MODE.

 

       CALL NCA Inc. (360) 607-6292 or (503) 516-1310 FOR MORE INFORMATION OR ASSISTANCE

_____________________________________________________________________________________________________________________________

  Information Provided by:

Lexinton Law Firm, PO Box 510290, Salt Lake City, UT 84151

   

    During the nine years we have practiced credit repair, we have witnessed every form of credit bureau leg dragging and flimflamming imaginable.  They stall.  The stonewall.  They play stupid.  The credit bureaus are willing to bend the truth as far as it takes to convince you, the American consumer, that you are powerless to repair your credit. 

    For all of these nine years the bureaus have mass-mailed a particularly sneaky kind of stall letter-meant to confuse & discourage the person disputing their bad credit, and, to make matters worse, the letter attempts to drive a wedge between the client and his or her attorney.

    This stall letter says that the credit bureau believes that you are using a credit repair company.  It says that the bureau will try to ignore your dispute.  And, the letter implies that there is something wrong with hiring an attorney to assist you in repairing your credit.

    Since the bureaus have no legal or factual basis whatsoever for any of these claims, they write this letter in ominous doublespeak hoping to scare off the more timid consumers.  The hope that people will ignore the fact that anyone the credit bureaus would criticize must be getting results for their clients.  [If firms like Lexington were not making significant headway, the credit bureaus would say nothing.]

    So, this stall letter [and all other stalls] have little impact on our credit repair success.  We deal with them the same as we have for nearly a decade - without a pause.  Our success ratios in getting deletions from the credit bureaus have shown no significant decline or shift.  Our clients are still receiving their updated credit reports.  These letters are just what they appear to be: hollow threats without the legal backbone to make them real.

    Virtually every year, state and federal regulator agencies bring lawsuits against the credit bureaus for illegal acts and violations of the Fair Credit Reporting Act.  It is laughable that they would try to point accusatory fingers at anyone when they are such prolific violators of the law.

    For even more information about these stall letters, we have created a great new website for you to visit and educate yourself even more: http://clients.creditrights.org/transunion/  Information Provided by: Kristy Ballard, Client Advocate, Lexington Law Firm, 1/800/341/8441

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Fair Credit Reporting Act

 

 

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You have the following FCRA rights:

·               You must be told if information in your file has been used against you.

·               You can find out what is in your file.

·               You can dispute inaccurate information with the CRA.

·               Inaccurate information must be corrected or deleted.

·               You can dispute inaccurate items with the source of the information.

·               Outdated information may not be reported.

·               Access to your file is limited.

·               You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers.

·               You may seek damages from violators.

If you have any questions, you can contact the state and local consumer protection agencies as well as the state attorney general.

You must be told if information in your file has been used against you.
Anyone who uses information from a consumer reporting agency (CRA) to take action against you — such as denying an application for credit, insurance or employment — must tell you and give you the name, address, and phone number of the CRA that provided the consumer report.

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You can find out what is in your file.
At your request, a CRA must give you the information in your file and a list of everyone who has requested it recently. There is no charge for the report if someone has taken action against you because of information supplied by the CRA, if you request the report within 60 days of receiving notice of the action. You also are entitled to one free report every 12 months upon request if you certify one of the following reasons:

·               You are unemployed and plan to seek employment within 60 days

·               You are on welfare

·               Your report is inaccurate due to fraud

·               You reside in one of the following states:

o                   Colorado

o                   Georgia

o                   Maine

o                   Maryland

o                   Massachusetts

o                   New Jersey

o                   Vermont

Otherwise, a CRA may charge you up to $9.00.

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You can dispute inaccurate information with the CRA.
 If you tell a CRA that your file contains inaccurate information, the CRA must investigate the items (usually within 30 days) by presenting to its information source all relevant evidence you submit, unless your dispute is frivolous. The source must review your evidence and report its findings to the CRA. (The source also must advise national CRAs — to which it has provided the data — of any error.) The CRA must give you a written report of the investigation, and a copy of your report if the investigation results in any change. If the CRA's investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must normally include a summary of your statement in future reports. If an item is deleted or a dispute statement is filed, you may ask that anyone who has recently received your report be notified of the change.

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Inaccurate information must be corrected or deleted.
A CRA must remove or correct inaccurate or unverified information from its files, usually within 30 days after you dispute it. However, the CRA is not required to remove accurate data from your file unless it is outdated (as described below) or cannot be verified. If your dispute results in any change to your report, the CRA cannot reinsert into your file a disputed item unless the information source verifies its accuracy and completeness. In addition, the CRA must give you a written notice telling you it has reinserted the item. The notice must include the name, address, and phone number of the information source.

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You can dispute inaccurate items with the source of the information.
If you tell anyone — such as a creditor who reports to a CRA — that you dispute an item, that person may not then report the information to a CRA without including a notice of your dispute. In addition, once you have notified the source of the error in writing, it may not continue to report the information if it is, in fact, an error.

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Outdated information may not be reported.
In most cases, a CRA may not report negative information that is more than seven years old (ten years for bankruptcies).

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Access to your file is limited.
A CRA may provide information about you only to people with a need recognized by the FCRA — usually to consider an application with a creditor, insurer, employer, landlord, or other business.

Your consent is required for reports that are provided to employers or reports that contain medical information. A CRA may not give out information about you to your employer, or prospective employer, without your written consent. A CRA may not report medical information about you to creditors, insurers, or employers without your permission.

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You may choose to exclude your name from CRA lists for unsolicited credit and insurance offers.
Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free phone number for you to call if you want your name and address removed from future lists. If you call, you must be kept off the lists for two years. If you request, complete, and return the CRA form provided for this purpose, you must be taken off the lists indefinitely.

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You may seek damages from violators.
If a CRA, a user, or (in some cases) a provider of CRA data violates the FCRA, you may sue them in state or federal court.

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FCRA Contact Information
The FCRA gives several different federal agencies authority to enforce the FCRA:

For questions or concerns regarding:

 

Please contact:

CRAs, creditors and others not listed below

 

 

Federal Trade Commission
Consumer Response Center - FCRA
Washington, DC 20580

Phone:

1-877-FTC-HELP


National banks, federal branches/agencies of foreign banks (word "National" or initials "N.A." appear in or after bank's name)

 

 

Office of the Comptroller of the Currency
Compliance Management, Mail Stop 6-6
Washington, DC 20219

Phone:

800-613-6743


Federal Reserve System member banks (except national banks, and federal branches/ agencies of foreign banks)

 

 

Federal Reserve Board
Division of Consumer & Community Affairs
Washington, DC 20552

Phone:

202-452-3693


Savings associations and federally chartered savings banks (word "Federal" or initials "F.S.B." appear in federal institution's name)

 

 

Office of Thrift Supervision
Consumer Programs
Washington, DC 20552

Phone:

800-842-6929


Federal Credit Unions (words "Federal Credit Union" appear in institution's name)

 

 

National Credit Union Administration
1775 Duke Street
Alexandria, VA 22314

Phone:

703-518-6360


State-chartered banks that are not members of the Federal Reserve System

 

 

Federal Deposit Insurance Corporation
Division of Compliance & Consumer Affairs
Washington, DC 20429

Phone:

877-ASK-FDIC


Air, surface, or rail common carriers regulated by former Civil Aeronautics Board or Interstate Commerce Commission

 

 

Department of Transportation
Office of Financial Management
Washington, DC 20590

Phone:

202-366-1306


Activities subject to the Packers and Stockyards Act, 1921

 

 

Department of Agriculture
Office of Deputy Administrator - GIPSA
Washington, DC 20250

Phone:

202-720-7051


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For Release: March 16, 2004

FTC Seeks Comments on Proposed “Free Credit Report” Regulation

The Federal Trade Commission is seeking public comment on a proposed rule regarding free annual credit reports under the Fair and Accurate Credit Transactions Act (FACTA) and the Fair Credit Reporting Act (FCRA). FACTA, which was enacted on December 4, 2003, amends the FCRA and requires, among other things, that nationwide consumer reporting agencies (CRAs) provide to consumers, upon request, a free copy of their credit reports once every 12 months. The proposed rule is subject to a 30-day public comment period. At the close of the comment period, the Commission will review the comments, modify the proposed rule as appropriate, and issue the rule as final.

Congress has directed the FTC to issue regulations to establish a “centralized source” and standardized form for credit report requests to nationwide CRAs. There are currently three nationwide CRAs – i.e., Equifax, Experian, and TransUnion. The centralized source is intended to enable consumers to order all three reports at one time. The FTC’s proposed rule requires that the centralized source for free credit report requests to the three nationwide CRAs be available to consumers through an Internet Web site, a toll-free telephone number, and a postal address.

As required by FACTA, the FTC’s proposed rule provides for an orderly transition to full operation of the centralized source. The transition is intended to protect the nationwide CRAs from receiving a volume of free credit report requests beyond their capacity to process, and to ensure that consumers can get timely credit reports for other purposes. The FTC proposes a cumulative, regional roll-out over nine months, from west to east, beginning December 1, 2004. Under this plan, consumers will become eligible on the following schedule: Western states (Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming) will become eligible on December 1, 2004; Midwestern states (Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin) will become eligible on March 1, 2005; Southern states (Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Oklahoma, South Carolina, Tennessee, and Texas ) will become eligible on June 1, 2005; and Eastern states (Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia), Puerto Rico, and all U.S. territories become eligible on September 1, 2005. Therefore, the entire transition would be complete by September 1, 2005.

The proposed rule also provides that in operating the centralized source, nationwide CRAs must:

·                            1)Have adequate capacity to accept requests from the reasonably anticipated volume of consumers making requests;

·                2)Collect only as much information as necessary to process requests;

·               3) Provide clear and easily understandable information and instructions on how to make requests;

·                4)Comply with the FTC Safeguards Rule for Information Security; and

·                5)Ensure that any communications made through the centralized source, including any advertising or marketing, does not interfere with, detract from, contradict, or undermine the centralized source.

The Commission is seeking comment on the adequacy and appropriateness of these provisions of the proposed rule.

The proposed rule gives nationwide CRAs relief from the requirement that they have adequate capacity to provide consumers free reports during times when there is an extraordinary volume of requests. In those circumstances, the proposed rule would permit nationwide CRAs to ask consumers to return to the centralized source at a reasonable later time, or to place the request in a queue for later processing.

FACTA similarly requires nationwide specialty CRAs to provide consumers, upon request, a free copy of their file disclosures once every 12 months. Nationwide specialty CRAs are CRAs that maintain specific types of files on consumers, such as employment history, tenant history, medical records, and insurance claims. The FTC’s proposed rule establishes a “streamlined process” by which consumers may request free file disclosures from nationwide specialty CRAs. Under the proposed rule, each nationwide specialty CRA is required to maintain a toll-free telephone number for such consumer requests.

The Commission’s proposed rule does not require CRAs that “compile and maintain files on consumers on substantially a nationwide basis” to provide consumers with free reports. The Commission seeks comment on those entities and whether they should be required to give consumers free reports.

Beginning Friday, March 19, comments can be filed electronically at http://www.regulations.gov. Commentors should select “Federal Trade Commission” at “Search for Open Regulations,” locate the summary of this Notice, click on “Submit a Comment on this Regulation,” and complete the form. Comments must be received by April 16, 2004. Written comments should refer to “FACTA Free File Disclosures Proposed Rule, Matter No. R411005 ” on both the envelope and the text, and should be mailed to the following address: Federal Trade Commission, FACTA Free Reports, Post Office Box 1031, Merrifield, VA 22116-1031. Please note that courier and overnight deliveries cannot be accepted at this address. Courier and overnight deliveries should be delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, N.W., Washington, DC 20580. Comments containing confidential material must be filed in paper form. Comments on any proposed filing, recordkeeping, or disclosure requirements that are subject to paperwork burden review under the Paperwork Reduction Act should additionally be submitted to: Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, Washington, DC 20503, Attention: Desk Officer for Federal Trade Commission. Such comments should also be mailed to the following address: Federal Trade Commission, FACTA Free Reports, Post Office Box 1031, Merrifield, VA 22116-1031. Because courier and overnight deliveries cannot be accepted at this address, they should instead be delivered to the following address: Federal Trade Commission/Office of the Secretary, Room 159-H, 600 Pennsylvania Avenue, N.W., Washington, DC 20580.

The Commission vote approving publication of the Federal Register Notice was 5-0.

Copies of the Federal Register Notice are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. 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 complaint form at http://www.ftc.gov/ftc/complaint.htm. 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.

MEDIA CONTACT:

Jen Schwartzman,
Office of Public Affairs
202-326-2674

STAFF CONTACT:

Helen Foster,
Division of Financial Practices
202-326-3224

(FTC File No. R411004)

(http://www.ftc.gov/opa/2004/03/facta.htm)

Related Documents:

Fair and Accurate Credit Transactions Act of 2003 16 CFR Parts 610 & 698, Free Annual File Disclosures: Proposed Rule and Request for Comment

·                             Text of Federal Register Notice

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