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, at http://www.ftc.gov/os/statutes/fcra.htm.
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.
- 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 CRA's -- 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.
- 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.
- 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 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 ranches/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. |
|
Department of Agriculture |
|
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