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.
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. You can find out what is in your file. You can dispute inaccurate information with the CRA. Inaccurate information must be corrected or deleted. You can dispute inaccurate items with the source of the information. Outdated information may not be reported. Access to your file is limited. 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. You may seek damages from violators.
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.
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.
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.
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.
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.
In most cases, a CRA may not report negative information that is more than seven
years old; ten years for bankruptcies.
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.
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.
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.
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.