| How to Dispute Credit Report Errors |
Federal Trade
Commission March 1999
Your credit reporta type of consumer
reportcontains information about where you work and live and how you pay
your bills. It also may show whether youve been sued or arrested or have
filed for bankruptcy. Companies called consumer reporting agencies (CRAs) or
credit bureaus compile and sell your credit report to businesses. Because
businesses use this information to evaluate your applications for credit,
insurance, employment, and other purposes allowed by the Fair Credit Reporting
Act (FCRA), its important that the information in your report is complete
and accurate.
Some financial advisors suggest
that you periodically review your credit report for inaccuracies or omissions.
This could be especially important if youre considering making a major
purchase, such as buying a home. Checking in advance on the accuracy of
information in your credit file could speed the credit-granting
process.
Getting Your
Credit Report If youve been
denied credit, insurance, or employment because of information supplied by a
CRA, the FCRA says the company you applied to must give you the CRAs
name, address, and telephone number. If you contact the agency for a copy of
your report within 60 days of receiving a denial notice, the report is free. In
addition, youre entitled to one free copy of your report a year if you
can prove that (1) youre unemployed and plan to look for a job within 60
days, (2) youre on welfare, or (3) your report is inaccurate because of
fraud. Otherwise, a CRA may charge you up to $9.00 for a copy of your
report.
If you simply want a copy of your
report, call the CRAs listed in the Yellow Pages under "credit" or "credit
rating and reporting." Call each credit bureau listed since more than one
agency may have a file on you, some with different information. The three major
national credit bureaus are:
Equifax P.O. Box 740241 Atlanta, GA
30374-0241 (800) 685-1111 |
Experian P.O. Box 2002 Allen, TX
75013 (888) EXPERIAN (888-397-3742) |
Trans Union P.O. Box 1000 Chester, PA
19022 (800) 916-8800 |
Correcting
Errors Under the FCRA, both the CRA and
the organization that provided the information to the CRA, such as a bank or
credit card company, have responsibilities for correcting inaccurate or
incomplete information in your report. To protect all your rights under the
law, contact both the CRA and the information provider.
First, tell the CRA in writing
what information you believe is inaccurate. Include copies (NOT originals)
of documents that support your position. In addition to providing your complete
name and address, your letter should clearly identify each item in your report
you dispute, state the facts and explain why you dispute the information, and
request deletion or correction. You may want to enclose a copy of your report
with the items in question circled. Your letter may look something like the
sample below. Send your letter by certified mail, return
receipt requested, so you can document what the CRA received. Keep copies of
your dispute letter and enclosures.
CRAs must reinvestigate the items
in questionusually within 30 daysunless they consider your dispute
frivolous. They also must forward all relevant data you provide about the
dispute to the information provider. After the information provider receives
notice of a dispute from the CRA, it must investigate, review all relevant
information provided by the CRA, and report the results to the CRA. If the
information provider finds the disputed information to be inaccurate, it must
notify all nationwide CRAs so they can correct this information in your
file.
- Disputed information that
cannot be verified must be deleted from your file.
- If your report contains
erroneous information, the CRA must correct it.
- If an item is incomplete, the
CRA must complete it. For example, if your file showed that you were late
making payments, but failed to show that you were no longer delinquent, the CRA
must show that youre current.
- If your file shows an account
that belongs only to another person, the CRA must delete it.
When the reinvestigation is
complete, the CRA must give you the written results and a free copy of your
report if the dispute results in a change. If an item is changed or removed,
the CRA cannot put the disputed information back in your file unless the
information provider verifies its accuracy and completeness, and the CRA gives
you a written notice that includes the name, address, and phone number of the
provider.
Also, if you request, the CRA
must send notices of corrections to anyone who received your report in the past
six months. Job applicants can have a corrected copy of their report sent to
anyone who received a copy during the past two years for employment purposes.
If a reinvestigation does not resolve your dispute, ask the CRA to include your
statement of the dispute in your file and in future reports.
Second, in addition to writing to
the CRA, tell the creditor or other information provider in writing that
you dispute an item. Again, include copies (NOT originals) of documents that
support your position. Many providers specify an address for disputes. If the
provider then reports the item to any CRA, it must include a notice of your
dispute. In addition, if you are correctthat is, if the disputed
information is not accuratethe information provider may not use it
again.
Accurate Negative
Information When negative information
in your report is accurate, only the passage of time can assure its removal.
Accurate negative information can generally stay on your report for 7 years.
There are certain exceptions:
- Information about criminal
convictions may be reported without any time limitation.
- Bankruptcy information may be
reported for 10 years.
- Credit information reported in
response to an application for a job with a salary of more than $75,000 has no
time limit.
- Credit 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.
Adding Accounts to
Your File Your credit file may not
reflect all your credit accounts. Although most national department store and
all-purpose bank credit card accounts will be included in your file, not all
creditors supply information to CRAs: Some travel, entertainment, gasoline card
companies, local retailers, and credit unions are among those creditors that
dont.
If youve been told you were
denied credit because of an "insufficient credit file" or "no credit file" and
you have accounts with creditors that dont appear in your credit file,
ask the CRA to add this information to future reports. Although they are not
required to do so, many CRAs will add verifiable accounts for a fee. You
should, however, understand that if these creditors do not report to the CRA on
a regular basis, these added items will not be updated in your file.
For More
Information The FTC works for the
consumer to prevent fraudulent, deceptive and unfair business practices in the
marketplace and to provide information to help consumers spot, stop and avoid
them. To file a
complaint or
to get free information on consumer
issues, visit www.ftc.gov or call
toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters
Internet, telemarketing, identity theft and other fraud-related complaints into
Consumer
Sentinel, a secure, online database available to hundreds of civil and
criminal law enforcement agencies in the U.S. and abroad.
Sample Dispute Letter
Date
Your Name Your Address Your City, State, Zip Code
Complaint Department Name of Credit Reporting Agency Address City,
State, Zip Code Dear Sir or Madam: I am writing to dispute
the following information in my file. The items I dispute are also
encircled on the attached copy of the report I received. (Identify item(s)
disputed by name of source, such as creditors or tax court, and identify
type of item, such as credit account, judgment, etc.) This item is
(inaccurate or incomplete) because (describe what is inaccurate or
incomplete and why). I am requesting that the item be deleted (or request
another specific change) to correct the information. Enclosed are
copies of (use this sentence if applicable and describe any enclosed
documentation, such as payment records, court documents) supporting my
position. Please reinvestigate this (these) matter(s) and (delete or
correct) the disputed item(s) as soon as possible. Sincerely,
Your name Enclosures: (List what you are enclosing) |
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