- You
must be told if information in your file has been used
against you.
- You
can find out what is in your file.
- You
can dispute inaccurate information with the CRA.
- Inaccurate
information must be corrected or deleted.
- You
can dispute inaccurate items with the source of the
information.
- Outdated
information may not be reported.
- Access
to your file is limited.
- Your
consent is required for reports that are provided to
employers, or reports that contain medical information.
- You
may choose to exclude your name from CRA lists unsolicited
credit insurance offers.
- You
may seek damages from violators.
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 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 finding
to the CRA. (The source also 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.
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 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, 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, and employers without your permission.
You
may choose to exclude your name from CRA lists unsolicited
credit insurance offers.
Creditors and insurers may use file information as the
basis for sending you unsolicited offers of credit 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 if CRA
data, violates the FCRA, you may sue them in state or
federal court.