.... K.I.D.S. Inc. (Ltd.) is very dependable and fast. They get
the support when no one else can.
Christa L.
4/18/02
San Angelo, Tx
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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 CRAs 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/
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.
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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 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.
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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 evidence you submit, unless
your dispute is frivolous. The source must review your evidence
and report its findings to the CRA. (The source also must 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.
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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 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.
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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 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 years
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 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.
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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
state or federal court.
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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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CRAS,
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
1175 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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ARTICLES INDEX
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