|
If
you've ever applied for a charge account, a personal loan, insurance,
or a job, there's a file about you. This file contains information
on where you work and live, how you pay your bills, and whether you've
been sued, arrested, or filed for bankruptcy.
Companies that gather and
sell this information are called Consumer Reporting Agencies (CRAs).
The most common type of CRA is the credit bureau. The information
CRAs sell about you to creditors, employers, insurers, and other businesses
is called a consumer report.
The Fair Credit Reporting
Act (FCRA), enforced by the Federal Trade Commission, is designed
to promote accuracy and ensure the privacy of the information used
in consumer reports. Recent amendments to the Act expand your rights
and place additional requirements on CRAs. Businesses that supply
information about you to CRAs and those that use consumer reports
also have new responsibilities under the law.
Here are some questions
consumers commonly ask about consumer reports and CRAs -- and the
answers. Note that you may have additional rights under state
laws. Contact your state Attorney General or local consumer protection
agency for more information.
Q. How do I find
the CRA that has my report?
A. Contact the CRAs listed
in the Yellow Pages under "credit" or "credit rating
and reporting." Because 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
(formerly TRW), P.O. Box 949, Allen, TX 75013; (888) EXPERIAN
(397-3742).
- Trans Union,
P.O. Box 1000, Chester, PA 19022; (800) 916-8800.
In addition, anyone who
takes action against you in response to a report supplied by a CRA
-- such as denying your application for credit, insurance, or employment
-- must give you the name, address, and telephone number of the CRA
that provided the report.
Q. Do I have
a right to know what's in my report?
A. Yes, if you ask for
it. The CRA must tell you everything in your report, including medical
information, and in most cases, the sources of the information.
The CRA also must give you a list of everyone who has requested
your report within the past year -- two years for employment related
requests.
Q. Is there a
charge for my report?
A. Sometimes. There's
no charge if a company takes adverse action against you, such as
denying your application for credit, insurance or employment, and
you request your report within 60 days of receiving the notice of
the action. The notice will give you the name, address, and phone
number of the CRA. In addition, you're entitled to one free report
a year (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 for a copy of
your report.
Q. What can I
do about inaccurate or incomplete information?
A. Under the new law,
both the CRA and the information provider have responsibilities
for correcting inaccurate or incomplete information in your report.
To protect all your rights under this law, contact both the CRA
and the information provider.
First, tell the CRA in
writing what information you believe is inaccurate. 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
that they can correct this information in your file.
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.
Second, tell the creditor
or other information provider in writing that you dispute an item.
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 information is
inaccurate -- the information provider may not use it again.
Q. What can I
do if the CRA or information provider won't correct the information
I dispute?
A. A reinvestigation
may not resolve your dispute with the CRA. If that's the case, ask
the CRA to include your statement of the dispute in your file and
in future reports. If you request, the CRA also will provide your
statement to anyone who received a copy of the old report in the
recent past. 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.
Q. Can my employer
get my report?
A. Only if you say it's
okay. A CRA may not supply information about you to your employer,
or to a prospective employer, without your consent.
Q. Can creditors,
employers, or insurers get a report that contains medical information
about me?
A. Not without your approval.
Q. What should
I know about "investigative consumer reports"?
A. "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.
Q. How long can
a CRA report negative information?
A. Seven years. There
are 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.
Q. Can anyone
get a copy of my report?
A. No. Only people with
a legitimate business need, as recognized by the FCRA. For example,
a company is allowed to get your report if you apply for credit,
insurance, employment, or to rent an apartment.
Q. How can I
stop a CRA from including me on lists for unsolicited credit and
insurance offers?
A. Creditors and insurers
may use CRA file information as a basis for sending you unsolicited
offers. These offers must include a toll-free number for you to
call if you want to remove your name and address from lists for
two years; completing a form that the CRA provides for this purpose
will keep your name off the lists permanently.
Q. Do I have
the right to sue for damages?
A. You may sue a CRA,
a user or -- in some cases -- a provider of CRA data, in state or
federal court for most 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.
Q. Are there
other laws I should know about?
A. Yes. If your credit
application was denied, the Equal Credit Opportunity Act requires
creditors to specify why -- if you ask. 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 you might supply about your credit history.
You may want to find out why the creditor denied your application
before you contact the CRA.
Q. Where should
I report violations of the law?
A. Although the FTC can't
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.
All
information on this website is accurate to the best
of our research. For the most up to date information
visit. www.ftc.gov
We
are not responsible for your ignorance, misuse, or
misinterpretation of the information provided on these
pages.
This
information has been supplied by www.ftc.gov
|
|