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A
SUMMARY OF YOUR RIGHTS
UNDER THE
FAIR CREDIT REPORTING ACT
- 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 CRA's 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 the Federal Trade Commission's web site (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 are also 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 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 the 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 (800-567-8688) 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. At your request, the CRA will provide
you with a form to complete and return, to have your name removed from
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:
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FOR QUESTIONS
OR CONCERNS REGARDING:
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PLEASE CONTACT:
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CRA's, creditors
and others not listed below
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Federal Trade
Commission
Consumer Response Center - FCRA
Washington, DC 20580 * 202-326-3761
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National banks,
federal branches/agencies of foreign banks (word "National" or initials
"N.A." appear in or after bank's name)
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Office of the
Comptroller of the Currency
Compliance Management, Mail Stop 6-6
Washington, DC 20219 * 800-613-6743
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Federal Reserve
System member banks (except national banks, and federal
Branches/agencies
of foreign banks)
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Federal Reserve
Board
Division of Consumer & Community Affairs
Washington, DC 20551 * 202-452-3693
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Savings associations
and federally chartered savings banks
(word "Federal"
or initials "F.S.B." appear in federal institution's name)
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Office of Thrift
Supervision
Consumer Programs
Washington, DC 20552 * 800-842-6929
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Federal credit
unions
(words "Federal
Credit Union" appear in institution's name)
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National Credit
Union Administration
1775 Duke Street
Alexandria, VA 22314 * 703-518-6360
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State-chartered
banks that are not members of the Federal Reserve System
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Federal Deposit
Insurance Corporation
Division of Compliance & Consumer Affairs
Washington, DC 20429 * 800-934-FDIC
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Air, surface,
or rail common carriers regulated by former Civil Aeronautics
Board or Interstate
Commerce Commission
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Department
of Transportation
Office of Financial Management
Washington, DC 20590 * 202-366-1306
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Activities
subject to the Packers and Stockyards Act, 1921
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Department
of Agriculture
Office of Deputy Administrator - GIPSA
Washington, DC 20250 * 202-720-7051
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For more information on Consumer Rights click
here.
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