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The
Fair Credit Reporting Act
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A
Summary of Your Rights
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The
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 where you
work and live, if you pay your bills on time, and whether you've
been sued, arrested, or filed for bankruptcy -- to creditors,
employers, and other businesses. The FCRA gives you specific
rights in dealing with CRAs, and requires them to provide you
with a summary of these rights as listed below. You can find
the complete text of the FCRA, 15 U.S.C, 1681 et seq. at the
Federal Trade Commission's web site (http://www.ftc.gov).
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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 give you the name, address, and phone number
of the CRA that provided the report.
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You
can find out what is in your file. A CRA must give you all
the information in your file, and a list of everyone who has
requested it recently. However, you are not entitled to a "risk
score" or a "credit score" that is based on information in your
file. There is no charge for the report if your application
was denied because of information supplied by the CRA, and if
you request the report within 60 days of receiving the denial
notice. You are also entitled to one free report a year 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 a fee
of 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 reinvestigate the items (usually within 30 days) unless
your dispute is frivolous. The CRA must pass along to its source
all relevant information you provided. The CRA also must supply
you with written results of the investigation and a copy of
your report, if it has changed. If an item is altered or deleted
because you dispute it, the CRA cannot place it back in your
file unless the source of the information verifies its accuracy
and completeness, and the CRA provides you a written notice
that includes the name, address and phone number of the source.
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Inaccurate
information must be deleted. A CRA must remove inaccurate
information from its files, usually within 30 days after you
dispute its accuracy. The largest credit bureaus must notify
other national CRAs if items are altered or deleted, However,
the CRA is not required to remove data from your file that is
accurate unless it is outdated or cannot be verified.
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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, they
may not continue to report it if it is in fact an error. 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 those who have a need recognized by the FCRA
-- usually to consider an application you have submitted to
a creditor, insurer, employer, landlord, or other business.
· Your consent is required for reports that are provided to
employers or that contain medical information. A CRA may not
report to your employer, or prospective employer, about you
without your written consent. A CRA may not divulge medical
information about you without your permission.
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You
can stop a CRA from including you on 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
number for you to call and tell the CRA if you want your name
and address excluded from future lists or offers. If you notify
the CRA through the toll-free number, it must keep you off the
lists for two years. If you request and complete the CRA form
provided for this purpose, you can have your name and address
removed indefinitely.
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You
may seek damages from violators. You may sue a CRA
or other party in state or federal court for violations of the
FCRA- If you win, the defendant may have to pay damages and
reimburse you for attorney fees. If you lose and the court specifically
finds you sued in bad faith, you or your attorney may have to
pay the defendant's fees.
- You may
have additional rights under state law. You may wish to contact
a state or local consumer protection agency or a State attorney
general to learn those rights. If you have questions or believe
your file contains errors, call our toll-free number.
©
1999
- 2003 Horenberg Insurance Services, Inc. |
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