Fair Credit Reporting Act

How do I find the CRA that has my report?
Contact the Credit Reporting Agencies (CRA) listed in the Yellow Pages under "credit" or "credit rating and reporting." More than one CRA may have a file on you; call each until you locate all the agencies maintaining your file. The three major national credit bureaus are:
https://www.econsumer.equifax.com/consumer/
Equifax P.O. Box 740241 Atlanta, GA 30374-0241
 (800) 685-1111

http://www.experian.com/consumer/
Experian P.O. Box 2104 Allen, TX 75013 
(888) EXPERIAN (888-397-3742)

http://www.transunion.com/Personal/PersonalSolutions.jsp
Trans Union P.O. Box 1000 Chester, PA 19022 
(800) 916-8800

Additionally, if anyone takes action against you in response to a report supplied by a CRA, they must provide you the name, address, and telephone number of the CRA. Actions may include denying your credit application, insurance, or employment.

Do I have a right to know what is on my report?
Yes, but you will need to ask for it. A CRA must divulge to you everything that is on your report. This includes medical information, as well as the sources of the information. These agencies are also required to provide you a list of everyone who has requested your report within the past year (or two years for employment related requests).

Is there a charge for my report?
Sometimes. There is no charge if a company takes adverse action against you, such as denying your application for credit, insurance or employment, if you request your report within 60 days of receiving the notice of the action. The notice will provide you the name, address, and phone number of the CRA. In addition, you are entitled to one free report per year if: you are unemployed and plan to look for a job within 60 days, you are on welfare, or your report is inaccurate because of fraud. Otherwise, a CRA may charge you up to $9 for a copy of your report.

What can I do about inaccurate or incomplete information?
Under the Fair Credit Reporting Act, both the CRA and the information provider are responsible for correcting inaccurate or incomplete information on your report. To protect your rights under this law, contact both the CRA and the information provider. Inform the CRA in writing of the information you believe to be inaccurate. CRAs must investigate the items in question, usually within 30 days. They must also forward all pertinent data that you provide about the dispute to the information provider. After they receive the notice of dispute from the CRA they will investigate and review the data and then report back to the CRA. If the information provider finds the disputed information to be inaccurate, it must notify all nationwide CRAs so the information can be corrected on your report.

After the CRA completes the investigation they must provide you with the written results as well as a free copy of your credit report if the investigation results in a change. If an item is changed or removed, the CRA cannot put disputed information back in your file unless the information has been found accurate and complete and the CRA sends you a written notice that includes the name, address, and phone number of the provider. If the provider then reports the item to any CRA, it must include a notice of your dispute if you are correct. Otherwise, if the information is inaccurate the information provider may not use it again.

What can I do if the CRA or information provider will not correct the information I dispute?
A reinvestigation may not resolve your dispute with the CRA. If that is the case, ask the CRA to include your statement of the dispute in your file and on future reports. If requested the CRA will also provide your statement to anyone who received a copy of the old report recently, however there usually is a fee for this service. If you tell the information provider that you dispute an item, a notice of your dispute must be included anytime the information provider reports the item to a CRA.

Can my employer obtain my report?
Only if you say it is okay. A CRA may not supply information about you to your employer, or to a prospective employer, without your consent.

Can creditors, employers, or insurers get a report that contains medical information about me?
Not without your approval.

What should I know about "investigative consumer reports"?
"Investigative consumer reports" are detailed reports that involve interviews with your neighbors or acquaintances about your lifestyle, character, and reputation. They may be used in connection with insurance and employment applications. You'll be notified in writing when a company orders such a report. The notice will explain your right to request certain information about the report from the company you applied to. If your application is rejected, you may get additional information from the CRA. However, the CRA does not have to reveal the sources of the information.

For how long can a CRA report negative information?
Seven years, with certain exceptions:

Information about criminal convictions may be reported without any time limitation.
Bankruptcy information may be reported for 10 years.
Information reported in response to an application for a job with a salary of more than $75,000, has no time limit.
Information reported because of an application for more than $150,000 worth of credit or life insurance, has no time limit.
Information about a lawsuit or an unpaid judgment against you can be reported for seven years or until the statute of limitations runs out, whichever is longer.

Can anyone obtain a copy of my report?
No. The FCRA only allows people with a legitimate business need to request your report. For example, a company is allowed to obtain your report if you apply for credit, insurance, employment, or to rent an apartment.

Do I have the right to sue for damages?
You may sue a CRA, a user or a provider of CRA data, in state or federal court for violations of the FCRA. If you win, the defendant will have to pay damages and reimburse you for attorney fees to the extent ordered by the court.

Are there other laws I should know about?
Yes. If your credit application was denied, the Equal Credit Opportunity Act requires creditors to specify why. For example, the creditor must tell you whether you were denied because you have "no credit file" with a CRA or because the CRA says you have "delinquent obligations." The ECOA also requires creditors to consider additional information that may be supplied about your credit history. You will want to find out why the creditor denied your application before you contact the CRA.

Where should I report violations of the law?
Although the FTC cannot act as your lawyer in private disputes, information about your experiences and concerns is vital to the enforcement of the Fair Credit Reporting Act.

FCRA - QUESTIONS AND ANSWERS