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 the 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 www.ftc.gov.
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.
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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
12 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.
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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 information you submit, unless
your dispute is frivolous. The source must review your evidence
and report its findings to the CRA. (The source must also advise
national CRAs -- to which it has provided that 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. In 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.
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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 files unless it is outdated (as described
below) or cannot be verified. If your dispute results in any change
to your report, the CRA cannot reinstate 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.
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You can dispute
inaccurate items with the source of the information. If you tell
anyone -- such as the creditor who reports to the 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.
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Outdated
information may not be reported. In most cases, a CRA may not report
negative information that is more than seven years old; ten for
bankruptcies.
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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.
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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.
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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 number for you to call if you
want your name and address to be removed from future lists. If you
call, you must be kept off the list for two years. If you request,
complete, and return the CRA form provided for this purpose, you
must be taken off the list indefinitely.
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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 a
state or federal court.
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The FCRA gives several different federal agencies authority to enforce the FCRA:
For Questions or Concerns Regarding:
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Please Contact:
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| CRAs, creditors and others not listed below |
Federal Trade Commission
Consumer Response Center - FCRA
Washington, DC 20580
202-326-3761 |
| National banks, federal branches/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 and 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, DC 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 and Consumer Affairs
Washington, DC 20590
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, 1921 |
Department of Agriculture
Office of Deputy Administrator - GIPSA
Washington, DC 20250
202-720-7051 |
Complete text of the FCRA, 15 U.S.C. 1681-1681 u, can be found at www.ftc.gov.
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