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A Summary of Your
Rights
Under the Fair Credit Reporting Act
(This is taken directly from the FTC)
The federal Fair Credit Reporting Act (FCRA) is designed to
promote accuracy, fairness, and privacy of information in the files of every
"consumer reporting agency" (CRA). Most CRAs are credit bureaus that
gather and sell information about you -- such as if you pay your bills on time
or have filed bankruptcy -- to creditors, employers, landlords, and other
businesses. You can find the complete
text of the FCRA, 15 U.S.C. §§1681-1681u. The FCRA gives you specific
rights, as outlined below. You may have additional rights under state law. You
may contact a state or local consumer protection agency or a state attorney
general to learn those rights.
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You must be told if information in your file has
been used against you. Anyone who uses information from a 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 a person 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 twelve months upon
request if you certify that (1) you are unemployed and plan to seek
employment within 60 days, (2) you are on welfare, or (3) your report is
inaccurate due to fraud. Otherwise, a CRA may charge you up to eight
dollars.
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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, they may not then report the
information to a CRA without including a notice of your dispute. In
addition, once you've 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.
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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.
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 * 202-326-3761 |
| 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 * 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 20551 * 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 D.C. 20552* 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 * 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 * 800-934-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 * 202-366-1306 |
| Activities subject to the
Packers and Stockyards Act, 1921 |
Department of Agriculture
Office of Deputy Administrator-GIPSA
Washington, DC 20250 * 202-720-7051 |
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