A Summary of Your Rights Under the Fair Credit Reporting Act

Transcription

1 Para infrmacin en Espanl, visite escribe a la FTC Cnsumer Respnse Center, Rm 130-A 600 Pennsylvania Ave. N.W., Washingtn, D.C A Summary f Yur Rights Under the Fair Credit Reprting Act The federal Fair Credit Reprting Act (FCRA) prmtes the accuracy, fairness, and privacy f infrmatin in the files f cnsumer reprting agencies. There are many types f cnsumer reprting agencies, including credit bureaus and specialty agencies (such as agencies that sell infrmatin abut check writing histries, medical recrds, and rental histry recrds). Here is a summary f yur majr rights under the FCRA. Fr mre infrmatin, including infrmatin abut additinal rights, g t r write t: Cnsumer Respnse Center, Rm 130-A, Federal Trade Cmmissin, 600 Pennsylvania Ave. N.W., Washingtn, D.C Yu must be tld if infrmatin in yur file has been used against yu. Anyne wh uses a credit reprt r anther type f cnsumer reprt t deny yur applicatin fr credit, insurance, r emplyment r t take anther adverse actin against yu must tell yu, and must give yu the name, address, and phne number f the agency that prvided the infrmatin. Yu have the right t knw what is in yur file. Yu may request and btain all the infrmatin abut yu in the files f a cnsumer-reprting agency (yur file disclsure ). Yu will be required t prvide prper identificatin, which may include yur Scial Security number. In many cases, the disclsure will be free. Yu are entitled t a free file disclsure if: A persn has taken adverse actin against yu because f infrmatin in yur credit reprt; Yu are the victim f identify theft and place a fraud alert in yur file; Yur file cntains inaccurate infrmatin as a result f fraud; Yu are n public assistance; Yu are unemplyed but expect t apply fr emplyment within 60 days. In additin, by September 2005 all cnsumers will be entitled t ne free disclsure every 12 mnths upn request frm each natinwide credit bureau and frm natinwide specialty cnsumer reprting agencies. See fr additinal infrmatin. Yu have the right t ask fr a credit scre. Credit scres are numerical summaries f yur creditwrthiness based n infrmatin frm credit bureaus. Yu may request a credit scre frm cnsumer reprting agencies that create scres r distribute scres used in residential real prperty lans, but yu will have t pay fr it. In sme mrtgage transactins, yu will receive credit scre infrmatin fr free frm the mrtgage lender. Yu have the right t dispute incmplete r inaccurate infrmatin. If yu identify infrmatin in yur file that is incmplete r inaccurate, and reprt it t the cnsumer-reprting agency, the agency must investigate unless yur dispute is frivlus. See fr an explanatin f dispute prcedures. Cnsumer reprting agencies must crrect r delete inaccurate, incmplete, r unverifiable infrmatin. Inaccurate, incmplete r unverifiable infrmatin must be remved r crrected, usually within 30 days. Hwever, a cnsumer reprting agency may cntinue t reprt infrmatin it has verified as accurate. Cnsumer reprting agencies may nt reprt utdated negative infrmatin. In mst cases, a cnsumer-reprting agency may nt reprt negative infrmatin that is mre than seven years ld, r bankruptcies that are mre than 10 years ld. Access t yur file is limited. A cnsumer-reprting agency may prvide infrmatin abut yu nly t peple with a valid need -- usually t cnsider an applicatin with a creditr, insurer, emplyer, landlrd, r ther business. The FCRA specifies thse with a valid need fr access.

2 Yu must give yur cnsent fr reprts t be prvided t emplyers. A cnsumer-reprting agency may nt give ut infrmatin abut yu t yur emplyer, r a ptential emplyer, withut yur written cnsent given t the emplyer. Written cnsent generally is nt required in the trucking industry. Fr mre infrmatin, g t Yu may limit prescreened ffers f credit and insurance yu get based n infrmatin in yur credit reprt. Unslicited prescreened ffers fr credit and insurance must include a tll-free phne number yu can call if yu chse t remve yur name and address frm the lists these ffers are based n. Yu may pt-ut with the natinwide credit bureaus at OPTOUT ( ). Yu may seek damages frm vilatrs. If a cnsumer reprting agency, r, in sme cases, a user f cnsumer reprts r a furnisher f infrmatin t a cnsumer reprting agency vilates the FCRA, yu may be able t sue in state r federal curt. Identity theft victims and active duty military persnnel have additinal rights. Fr mre infrmatin, visit The FCRA gives several different federal agencies authrity t enfrce the FCRA: FOR QUESTIONS OR CONCERNS REGARDING Cnsumer reprting agencies, creditrs and thers nt listed belw Natinal banks, federal branches/agencies f freign banks (wrd "Natinal" r initials "N.A." appear in r after bank's name) Federal Reserve System member banks (except natinal banks, and federal branches/agencies f freign banks) Savings assciatins and federally chartered savings banks (wrd "Federal" r initials "F.S.B." appear in federal institutin's name) Federal credit unins (wrds "Federal Credit Unin" appear in institutin's name) State-chartered banks that are nt members f the Federal Reserve System Air, surface, r rail cmmn carriers regulated by frmer Civil Aernautics Bard r Interstate Cmmerce Cmmissin Activities subject t the Packers and Stckyards Act, 1921 PLEASE CONTACT Federal Trade Cmmissin Cnsumer Respnse Center- FCRA Washingtn, DC Office f the Cmptrller f the Currency Cmpliance Management, Mail Stp 6-6 Washingtn, DC Federal Reserve Bard Divisin f Cnsumer & Cmmunity Affairs Washingtn, DC Office f Thrift Supervisin Cnsumer Prgrams Washingtn D.C Natinal Credit Unin Administratin 1775 Duke Street Alexandria, VA Federal Depsit Insurance Crpratin Divisin f Cmpliance & Cnsumer Affairs Washingtn, DC Department f Transprtatin Office f Financial Management Washingtn, DC Department f Agriculture Office f Deputy Administratr-GIPSA Washingtn, DC

3 SUMMARY OF RIGHTS UNDER WASHINGTON LAW The Washingtn Fair Credit Reprt Act, lcated at Chapter RCW, substantially parallels the federal Fair Credit Reprting Act and the rights and remedies set frth in the Federal Trade Cmmissin s Summary f Rights, except that, effective July 22, 2007, the Washingtn state law impses greater limitatins n the reasns fr which an emplyer may btain a cnsumer reprt. Beginning July 22, 2007, an emplyer may nt btain a cnsumer reprt that indicates the cnsumer s credit wrthiness, credit standing, r credit capacity, unless (1) the infrmatin is substantially jb related and the emplyer s reasns fr using the infrmatin are disclsed in writing, r (2) the infrmatin is required by law. COMPLAINTS ANY COMPLAINTS BY CONSUMERS UNDER STATE LAW MAY BE DIRECTED TO THE ATTORNEY GENERAL S OFFICE IN WASHINGTON CONSUMER PROTECTION DIVISION CONSUMER PROTECTION DIVISION Fr Infrmatin Call: The Cnsumer Resurce Center Statewide Tll-Free Number: Statewide Tll-Free TDD: Cmplaints May Be Made Via U.S. Mail r Cmplaints: (Include yur U.S. Mail address with any cmplaint.) Website & Frms:

4 OTHER CONSUMER RESOURCE CENTERS THAT YOU MAY CONTACT: Bellingham - Island, San Juan, Skagit and Whatcm Cunties 103 E. Hlly, Suite 308 Bellingham, WA Phne: (360) Fax: (360) Kennewick - Sutheast Washingtn 500 N. Mrain Street, Suite 1250 Kennewick, WA Phne: (509) Fax: (509) Olympia - Thurstn Cunty 670 Wdland Square Lp S.E., 1 st Flr P. O. Bx Olympia, WA Phne: (360) Fax: (360) Spkane Nrtheast Washingtn 1116 West Riverside Spkane, WA Phne: (509) Fax: (509) Tacma - Pierce, Masn, Grays Harbr and Kitsap Cunties AGO - CRC 1019 Pacific Avenue Suth, 3 rd Flr Tacma, WA Phne: (253) Fax: (253) Vancuver - Suthwest Washingtn 1220 Main Street, Suite 549 Vancuver, WA Phne: (360) Fax: (360) Seattle - King, Snhmish, Clallam and Jeffersn Cunties 900 Furth Avenue, Suite 2000 Seattle, WA Phne: (206) Fax: (206)

5 Credit Reprts Yur Credit File Others Wh Can Obtain Yur Credit Reprt Reviewing Yur Credit File Crrecting an Errr in Yur Credit File Credit Reprts Cllectins Repssessins Etc. Yur Credit File Infrmatin abut yur Identity: includes yur name, address, marital status, yur date f birth, number f dependents, previus address, and Scial Security number. Emplyment: includes yur present psitin, length f emplyment, incme, and previus jb. Credit Histry: cnsists f yur credit experiences with specific credit grantrs. Public Recrd: includes civil suits and judgments, bankruptcy recrds, r ther legal prceedings recrded by a curt. Under the federal Fair Credit Reprting Act and the state law RCW , cnsumer reprting agencies may keep crrect and verifiable infrmatin in yur file fr seven years, and ten years in the case f bankruptcy. There are few exceptins: If yu apply fr a jb which pays mre than $75,000 per year, the reprting agency may prvide all infrmatin it has, including items ver seven years ld. Infrmatin reprted because f an applicatin fr mre than $50,000 wrth f credit r life insurance has n time limitatins; Infrmatin cncerning lawsuits r judgments against yu can be retained in yur file fr seven years r until the statute f limitatins expires, whichever is lnger. Under Washingtn s law relating t judgments, a judgment can remain n yur reprt fr a ten-year perid after it is entered. If the judgment is renewed, it can remain fr an additinal ten-year perid. Others Wh Can Obtain Yur Credit Reprt Any business, individual, r gvernment agency may request a credit reprt fr its legitimate business needs invlving a transactin with the cnsumer. These include: credit granting cnsideratins, review r cllectin f an amunt; emplyment cnsideratins; insurance underwriting; a ptential partnership; security clearance; r lease. Reprts may als be issued at the written request f the cnsumer r a curt. Reviewing Yur Credit File Upn request a cnsumer reprting agency must disclse t yu all f its infrmatin and its surces f that infrmatin. This includes identificatin f anyne wh btained recrds fr emplyment purpses in the past tw years, plus the names f all thers wh requested credit reprts r ther infrmatin abut yu in the last six mnths. The ne exceptin t this

6 disclsure requirement is yur medical recrds, but yu may direct that infrmatin t the physician f yur chice. Yu may either make an appintment t review yur file r request the infrmatin ver the phne. In either case, yu will need t establish yur identity by cmpleting sme frms. The credit reprting agency must prvide yu with a free cpy f yur file if yu have been denied credit within the last 30 days. A recent amendment t the federal Fair Credit Reprting Act (FCRA) requires each f the natinwide cnsumer reprting cmpanies t prvide yu with a free cpy f yur credit reprt, at yur request, nce every 12 mnths, frm by calling , r by cmpleting the Annual Credit Reprt Request Frm and mailing it t: Annual Credit Reprt Request Service, P.O. Bx , Atlanta, GA When yu rder, yu need t prvide yur name, address, Scial Security number, and date f birth. T verify yur identity, yu may need t prvide sme infrmatin that nly yu wuld knw, like the amunt f yur mnthly mrtgage payment. Equifax Experian 888-EXPERIAN ( ) Trans Unin Crrecting an Errr in Yur Credit File Ntify the credit reprting agency if yu ve discvered an errr in yur file. The agency is required t reinvestigate the items in questin within 30 business days f receiving yur ntice f dispute. If the new investigatin reveals an errr r if the disputed infrmatin cannt be verified, a crrected versin will be sent, at yur request, t anyne wh received the reprt in the past six mnths. Jb applicants can have crrected reprts sent t anyne wh received a cpy during the past tw years. If the new investigatin des nt slve the prblem, yu may have the agency include yur versin f the disputed infrmatin n yur file. This written explanatin r summary must be 100 wrds r less. This statement will be included in all future issues f yur reprt.