Fair
Credit Reporting Act (FCRA)
- Designed to promote accuracy and ensure the privacy of the information used
in consumer reports, the FCRA ensures that consumer reporting agencies (CRAs),
such as credit bureaus, furnish correct and complete information to businesses
for use when evaluating your application. According to the FCRA:
- You
have a right to receive a copy of your credit report for a small fee - the copy
of your report must contain all of the information in your file at the time of
your request.
-
You have a right to know the name of anyone who received your credit report in
the last year, or in the last two years for employment purposes.
- Any
company that denies your application must supply the name and address of the CRA
they contacted, provided the denial was based on information given by the CRA.
- You have a
right to receive a free copy of your credit report when your application is denied
because of information supplied by the CRA - your request must be made within
60 days of receiving your denial notice.
- If
you contest the completeness or accuracy of information in your report, you can
file a dispute with the CRA and with the company that furnished the information
to the CRA - both the CRA and the furnisher of information are legally obligated
to reinvestigate your dispute.
- You
have the right to add a summary explanation to your credit report - when a dispute
is not resolved to your satisfaction.
- Outdated
information cannot be reported - In most cases, negative information that is more
than seven years old can not be reported (ten years for bankruptcies.)
- Access
to your file is limited - only businesses with a legitimate need to review your
file may receive information about you. 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 for unsolicited credit and insurance
offers.
Recent
amendments to the Act expand your rights and place additional requirements on
CRAs and businesses that use consumer reports. Note that you may have additional
rights under state laws. Equal
Credit Opportunity Act (ECOA) - prohibits credit discrimination based
on sex, race, marital status, religion, national origin, age, or receipt of public
assistance. According
to the ECOA: - Credit
cannot be denied based on race, sex, marital status, religion, age, national origin,
or receipt of public assistance.
- Reliable
public assistance must be considered in the same manner as other income.
-
You have a legal right to know the reasons behind any denial of credit
Fair
Credit Billing Act (FCBA); Electronic Fund Transfer Act (EFTA)
- establishes guidelines
for resolving mistakes on credit billing and electronic fund transfer account
statements. The
FCBA and EFTA guidelines include: - Charges
or electronic fund transfers that you have not made or authorized anyone to make
- Charges or
electronic fund transfers that show the wrong amount or date or are identified
incorrectly
- Computation
errors
- Failure
to show payments, credits, or electronic fund transfers correctly
- Not
mailing or delivering credit billing statements to your current address, as long
as that address was received by the creditor in writing at least 20 days before
the billing period ended
- Explanations
or documentation you request, due to possible errors, regarding charges or electronic
fund.
The
FCBA generally applies only to credit accounts such as credit cards, department
store accounts, and overdraft checking accounts. It does not apply to loans or
credit sales paid on a fixed schedule, such as an automobile loan. The EFTA applies
to electronic fund transfers, such as ATM transactions, point-of-sale debit transactions,
and other electronic banking transactions. Fair
Debt Collection Practices Act (FDCPA) -
prohibits debt collectors from engaging in unfair, deceptive, or abusive practices
while collecting these debts. This applies to personal, family, and household
debts, and includes money owed for the purchase of a car, for medical care, or
for charge accounts. According
to the FDCPA, debt collectors: - May
contact you only between 8 a.m. and 9 p.m.
-
May not contact you at work if they know your employer disapproves.
- May
not harass, oppress, or abuse you.
-
May not lie when collecting debts, such as falsely implying that you have committed
a crime.
- Must
identify themselves to you on the phone.
- Must
stop contacting you if you ask them to in writing.
For
more information
- for further information regarding these laws and other consumer and credit-related
rights, visit the Federal Trade Commission's web site at www.ftc.gov.
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