Federal Law Concerning Credit

The Fair Credit Reporting Act (FCRA)

Guarantees your rights regarding your credit file.

If you are turned down for credit due to a credit report, you can learn the information in it from the credit bureau at no cost.

Otherwise, a disclosure of the information in your file by a credit bureau involves a fee.

While correct information cannot be changed, you have the right to dispute incorrect information in a credit report.

The Fair Credit Billing Act

Says that if you receive a billing that you feel is incorrect and you notify the creditor within 60 days, the creditor must either correct the bill or send you an explanation within 90 days.

The Truth in Lending Act

Requires credit grantors to tell you what using credit really costs (like interest rates, minimum monthly payment, etc.).

The Fair Debt Collection Practices Act

Prohibits harassment by debt collectors and requires that they verify for you the amount owed.

Your Liability for Fraudulent Credit Card/Debit Card/Cash Machine Card Charges Is limited under certain circumstances but continues until you notify the card issuer of your cards’ loss/theft.

Your Rights:

I’ve made a list of 14 rights you really should know you have them.

1. The right to know what is in your credit file and to receive a copy of that report with proper identification.
2. The right to receive credit file disclosures during normal business hours and on reasonable notice (1) in person. If you appear in person and furnish the proper identification, (2) by telephone. If you first make written request with proper identification and pay for any toll charges, or (3) by any other reasonable means available to the credit reporting agency and authorized by you. For in-person disclosure, you may be accompanied by one other person of your choosing, although you may be required to furnish written permission for your credit file to be discussed in the other person’s presence.
3. The right to receive a free credit report within 30 days (per the Fair Credit Reporting Act) of being denied credit or employment based on information in a Trans Union report. Trans Union’s current policy provides for a free report within 60 days of the denial.
4. The right to request re-verification of information in the file and to have it removed if inaccurate or unverifiable and to have those results sent to anyone who has received your credit report within the past year or two years, if for employment, if you so request.
5. The right to receive the results of the investigation of disputed information within five business days following the completion of the reinvestigation.
6. The right to have the credit reporting agency review all information you submit which is relevant to the disputed information.
7. The right to receive written notification within 5 business days from the credit reporting agency when the information you disputed is deleted from your credit file because it could not be verified, but is subsequently found to be complete and accurate and is reinserted into your credit file.
8. The right to know who has received your credit report within the past six months or in the last two years, if for employment purposes.
9. The right to add a statement of 100 words or less to your Trans Union credit file to explain any disputed information.
10. The right to have your credit report only accessible to those entities with a permissible purpose.
11. The right to request the credit reporting agency to provide you with a description of the procedure used to determine the accuracy and completeness of the information disputed, including the name, business address, and telephone number of the person contacted during the reinvestigation.
12. The right to have adverse information removed after seven years (or the time period upheld by your state’s legislation) from the date of delinquency charge off or placement to the collection (including successfully completed chapter 13 bankruptcy) or after 10 years from the date of filing chapter 7, 11, 12 or 13 bankruptcy.
13. The right to have your name and address removed from any direct marketing solicitation which uses data from a credit reporting company.
14. The right to bring legal action against a credit reporting agency for the failure to comply with its obligations under the Fair Credit Reporting Act, if you do so within two years after the agency fails to comply. You have the right to recover an amount equal to actual damages sustained by you, as well as costs of the action plus attorney’s fees.

What You Need to Remember

Getting the rights you deserve is a no-brainer.

But, in order to do it and rip the benefits you have to know your rights and use them to your advantage.

It’s very important and can save you thousands of dollars over the years.