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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. §~
1681-1681 u. The FCRA gives you specific rights,
as outlined below. You may have additional tights
under state law. You may contact a state or local
consumer protection agency or a state attorney
general to learn those rights.
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.
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.
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 flied,
you may ask that anyone who has recently received
your report be notified of the change.
Inaccurate information must be corrected
or deleted. A CRA must remove or correct
inaccurate or unverified information from its
flies, 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.
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.
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.
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.
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.
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 stale or federal court.
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