The federal government enacted the Fair Credit Reporting Act on April 25, 1971, to protect consumers against the reporting of inaccurate, misleading, or obsolete information. Lawmakers designed the law to ensure that consumer-reporting agencies operate in a responsible and equitable manner.
The FCRA provides a list of rights and procedures that will assist you in clearing away negative remarks and reestablishing your creditworthiness - regardless of your previous credit history. By understanding your rights and using the law to your advantage, it's possible to remove bankruptcy, judgments, late payments, collection accounts, charge-offs, and other negative information from your files permanently.
The first step is to obtain copies of your credit reports from each of the major credit bureaus. You can find the address of your local credit bureau in the yellow pages under "Credit-Reporting Agencies." If you have been denied credit within the past 60 days, you can obtain a free copy of your report by enclosing a photocopy of the denial letter along with your request. Be sure to include your full name, date of birth, Social Security number, and addresses for the past five years. If you have not been denied credit within the last 60 days, you may purchase a copy of your report from each credit bureau. In California, for example, the cost for a copy of your report is $8 from each of the major bureaus. The cost may vary in other states.
You also have the right to visit the credit bureau in person to review your file. Simply call the bureau and make an appointment. You will then need to present the proper identification and pay the required fee. The law also allows you to be accompanied by one other person of your choosing.
If you request your credit report by mail, you should receive a copy within three weeks. You will also receive an explanation of the various codes and abbreviations the report contains. According to the FCRA, you have the right to dispute any remark on your report that you "reasonably believe" to be inaccurate or incomplete. The act requires the credit bureau to reinvestigate those disputed items within "a reasonable period of time" - interpreted by the Federal Trade Commission as 30 days. If the bureau finds that the information was incorrect, obsolete, or could no longer be verified, it must correct or delete the information.
If the bureau does not respond to your initial dispute within a "reasonable time," follow up with another letter. This time, demand that the bureau respond to your dispute immediately to prevent your being forced to take legal action. Give them about two weeks to comply and be sure to maintain copies of all correspondence.
If the bureau persists in violating your rights by refusing to reinvestigate your legitimate dispute, send them a final letter demanding action. This time, send copies of your letter, along with the original request, to the Federal Trade Commission and your local office of the attorney general.
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