The consumer credit lawyers of Burke, Harvey and Frankowski receive questions everyday from potential clients and referring lawyers about the Fair Credit Reporting Act (FCRA). The FCRA was enacted to promote the accuracy, fairness and privacy of information in the files of the nation’s credit reporting agencies. The FCRA was amended in 2003 and consumers’ right to a free credit report was expanded under the Fair and Accurate Credit Transactions Act (FACTA). The amendments to the FCRA placed additional duties on credit reporting agencies and businesses who provide information about consumers to credit reporting agencies and businesses that use credit reports.
FREQUENTLY ASKED QUESTIONS
Q. DO I HAVE A RIGHT TO KNOW WHAT IS IN MY CREDIT REPORT?
A. YES. You have a right under the FCRA to know what is in your credit reports, but you have to ask for the information. When you make a request to a credit reporting agency for your file, the credit bureau must tell you everything that is in your credit report and give you a list of companies who requested your credit report in the past year (or past two years if the request was related to employment).
Q. WHAT INFORMATION DO CREDIT REPORTING AGENCIES COLLECT ABOUT ME?
A. Credit reporting agencies collect and sell 4 basic types of information:
- Identification and Employment Information – Name, date of birth, Social Security number, employer names, address, previous addresses and spouse’s name.
- Payment History – Account payment history is collected and sold to your existing creditors and potential creditors. This information shows the amount of credit you already have, whether you’ve paid your creditors on time and any past due accounts.
- Inquiries – Credit reporting agencies must maintain a record of all inquiries for your credit history within the past year, and a record of individuals or businesses that have asked for your credit history for employment purposes for the past 2 years.
- Public Record Information – Events such as bankruptcy, judgment, lien or an arrest are all examples of public record information.
Q. DO I HAVE TO PAY FOR MY CREDIT REPORT?
A. NO. Under the Fair Credit Reporting Act (FCRA) as amended by the Fair and Accurate Credit Transactions Act (FACTA), consumers have a right to a free credit report (called an annual free disclosure) from each of the nationwide credit reporting agencies, including Equifax, Experian and Trans Union, once every 12 months.
Q. HOW DO I ORDER MY FREE CREDIT REPORT (FREE ANNUAL DISCLOSURE)?
A. The FCRA required the three nationwide consumer reporting agencies to create “centralized source” for consumers to request all three credit reports. The centralized source – Central Source, LLC – has a toll-free number (877)-322-8228, mailing address PO Box 105821, Atlanta, GA 30348-5281 for consumers to request their free credit reports. Download this form to request your free annual disclosure from Equifax, Experian, or Trans Union, or all three bureaus. Consumers should request their free credit report by mail. Do not request your reports over the phone or online!
Q. WHAT INFORMATION DO I HAVE TO PROVIDE TO GET MY FREE CREDIT REPORT?
A. You will need to provide you name, Social Security number, date of birth and address when requesting your free credit report. If you have moved in the last 2 years, you may be asked to provide your previous address.
Q. AM I ONLY ENTITLED TO A FREE CREDIT REPORT UNDER THE ANNUAL DISCLOSURE RULE?
A. NO. Consumers are entitled to a free credit report for several different situations. Under the FCRA, consumers are also entitled to a free credit report if:
- A company takes an adverse action against you – denial of credit, employment or insurance based in whole or in part on your credit report.
- You are a victim of fraud or identity theft.
- You are unemployed and seeking employment in the next 60 days.
- You receive government benefits, such as welfare or Supplemental Social Security Income
- You live in a state that allows you to request an additional free credit report (Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey or Vermont).
Q. WHY SHOULD I REQUEST MY CREDIT REPORT?
A. Consumers should request their free credit report for many important reasons.
- Make sure your report is correct. You should request your free credit report to make sure it does not have any incorrect or incomplete information. Credit report errors can prevent you from getting a car, home or credit card. Learn how to dispute credit report errors HERE.
- Detect identity theft. You should request your free credit report to detect identity theft. Consumers often first learn they are a victim of identity theft when they discover accounts that do not belong to them on their credit report. Learn about identity theft HERE.
- Make educated decisions. You should request your free credit report to help you make educated decisions about applying for credit, jobs or insurance. When your credit report indicates you are over extended, it may not be the best time to apply for a home loan or car loan because you may get denied credit or get credit at a higher interest rate. When you know you have a poor credit report, you can work on improving your credit rating instead of dropping your score with credit applications that will get denied.
- Because its your right! Under federal law, you have a right to know what information is in your credit file. You probably did not ask Equifax, Experian or Trans Union to collect information about you, right? So, it’s your credit report – not theirs! You should know what your creditors, employer and insurance companies are hearing about you from the credit reporting agencies.
Q. SHOULD I REQUEST MY CREDIT REPORT FROM EQUIFAX, EXPERIAN AND TRANS UNION AT THE SAME TIME?
A. It’s up to you. You may request your free credit report from one, two or all three credit reporting agencies. Keep in mind, you can stagger your requests over the 12 month period. For example, you could request your report from Equifax in January, Experian in April and Trans Union in September. Start the process again in January of the next year. By doing this, you can get a free credit report every 4 months! On the other hand, if you are considering a major purchase, such as a home or car, you may want to go ahead and order all three reports to see what your potential creditors will see about you before they do!
Q. HOW LONG DOES IT TAKE TO GET MY FREE CREDIT REPORT?
A. 15 DAYS. When you request your free annual disclosure by calling Central Source at 1-877-322-8228, or by mailing your request to PO Box 105821, Atlanta, GA 30348-5281, your request should be processed and mailed to you within 15 days of receipt by the credit reporting agency. If Equifax, Experian or Trans Union does not mail you your report within 15 days of receipt of your request, this may be a violation of federal law. You should contact a FCRA attorney to discuss your options.
Q. WHAT SHOULD I DO IF I FIND ERRORS ON MY CREDIT REPORTS?
A. Dispute all incorrect or incomplete information. You should dispute credit report errors and incomplete information directly to the credit reporting agencies. Your dispute should be in writing and should be sent certified mail. You should send the credit agency copies of any documents that support your dispute, such as proof of payment, bankruptcy order, fraud affidavit, etc….
You will want to keep a copy of the dispute letter and proof of mailing, especially if you have to hire a FCRA attorney to help you.
Q. WHAT SHOULD I DO IF THE CREDIT REPORTING AGENCY DOES NOT CORRECT THE CREDIT REPORT ERROR?
A. HIRE AN ATTORNEY. Under the FCRA, you have the right to file a lawsuit against the credit reporting for failure to perform a reasonable investigation or follow procedures to correct credit report errors. Also, under the FCRA you may be entitled to damages, including out-of-pocket expenses and attorneys’ fees if you are successful in a lawsuit.
Q. WHAT IS A CREDIT SCORE?
A. A credit score is a scoring system used by creditors, insurers and employers used to help determine whether to extend you credit, insurance or a job. Different scoring models can have different scores. For example, auto lenders may use a different scoring model than your landlord. Similarly, employers may have a different scoring system than credit card companies. As a result, consumers may not receive their “true” score when they request their credit score from the credit reporting agencies. Information about you and your credit experiences, like your bill payment history, is collected from your credit application and your credit report. Using a statistical formula, creditors compare your credit profile with the credit profile of other consumers. A credit scoring system awards points for each factor, such as types of accounts you have, late payments, balances and age of your accounts.
Q. HOW LONG CAN A CREDIT REPORTING AGENCY REPORT NEGATIVE INFORMATION ABOUT ME?
A. It depends. They type of negative information will dictate how long the credit reporting agency can report negative information about you. Most negative information can be reported for 7 years, such as past due accounts and collections. Bankruptcy information can be reported up to 10 years. There is no time limit for reporting criminal convictions, information reported in response to your application for a job that pays more than $75,000 per yer and information reported about you because you’ve applied for more than $150,000 loan or life insurance benefit. Information about a lawsuit or unpaid judgment can be reported for up to 7 years, or until the statute of limitations runs, whichever is longer.
Q. DOES MY CREDIT SCORE AFFECT MY ABILITY TO GET CREDIT?
A. YES. A low credit score can prevent you from getting credit. Consumers with low credit scores who get credit may get credit at a higher interest rate. As a result, consumers with low credit scores pay more for the same products than consumers with higher credit scores. Job applicants may also be turned down because of a low credit score, poor credit history or public records (convictions, bankruptcies, liens).
Q. CAN MY EMPLOYER OR POTENTIAL EMPLOYER PULL MY CREDIT REPORT?
A. YES. your employer or potential employer can pull your credit report. BUT only with your permission may your employer or potential employer get your credit report. Equifax, Experian, Trans Union or any other credit reporting agency may not provide information about you in a credit report or employment background check without your written consent.
It is a violation of the Fair Credit Reporting Act for an employer or potential employer to pull your credit report without your permission in writing.
Q. CAN ANYONE ELSE GET A COPY OF MY CREDIT REPORT?
A. YES. Under the FCRA, creditors, landlords, insurers, employers and other businesses can access your credit report under certain circumstances. For example, your existing credit card companies have a permissible purpose to pull your credit report.
Q. IS MY CREDIT SCORE FREE?
A. NO. Consumers do not have a right to obtain their credit score for free from the consumer reporting agencies.
Q. WHAT SHOULD I DO IF I AM DENIED CREDIT BECAUSE OF AN “INSUFFICIENT CREDIT FILE?”
A. Get your credit report. You should get your credit report if you are denied credit because of an insufficient credit file to determine if you file is complete. You can ask the credit reporting agencies to include information that is not currently being supplied to the bureaus. This may include your accounts with local retailers, credit unions, travel agencies, or gas cards. Although the FCRA does not require the credit bureaus to add these accounts, you can ask them to do so.
Q. CAN I FILE A COMPLAINT IF I DO NOT RECEIVE MY FREE CREDIT REPORT FROM EQUIFAX, EXPERIAN OR TRANS UNION?
A. YES. Consumers may file a complaint with Central Source when they cannot download, print or access their free credit report online. Consumers can also file a complaint when the credit bureau does not identify the consumer making the request or send you your credit report within 15 days. Click HERE to file a complaint with Central Source.
Q. CAN I FILE A COMPLAINT WHEN THE CREDIT REPORTING AGENCY DOES NOT CORRECT INACCURATE INFORMATION ON MY CREDIT REPORT AFTER A DISPUTE?
A. YES. The Federal Trade Commission (FTC) receives complaints regarding the accuracy and completeness of your credit report. Click HERE to file a complaint with the FTC, or watch our YouTube video and learn how to file a complaint.
DO YOU HAVE A QUESTION ABOUT YOUR CREDIT REPORT OR IDENTITY THEFT? CALL MICAH ADKINS FOR A FREE CASE REVIEW 24/7 AT 1-800-263-9091.
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