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The Fair Credit Reporting Act

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When you make purchases on a credit card, make payments to your accounts, open new bank or credit accounts, borrow money, buy a house or a car, and even fund your education, your financial information is reported by creditors and lenders to a credit bureau.



The three major credit agencies that serve as clearinghouses for this information are Equifax, Experian, and TransUnion. Each lender and credit company may report your information to a different agency, depending on the location of the business and the service agreement between the companies, so each credit agency might print very different information on your credit report.

According to the FCRA, you have the right to know what is on your credit report if you ask for it. You can contact each of the credit bureaus separately and pay for a report at any time. However, if a company refuses you credit, employment, or insurance, you may request a free copy of your report within 60 days. Simply ask the company that denied you credit for the name and contact information of the credit bureau they use. In addition, all three agencies must provide a free copy of your report in cases where you have been the victim of fraud or identity theft.

Due to the recent changes by the FACTA, you will be entitled to one free copy of your report from each agency per calendar year, effective in all states by the end of 2005. (You can order it at www.annualcreditreport.com ) For example, if you order a report from Equifax in June of 2005, you may request a free report in June 2006. The credit bureaus must also supply you with a list of everyone who has requested your report in the last year.

The FCRA requires that all credit bureaus and all information providers, such as lenders, credit card companies, or landlords, correct any inaccuracies that they are aware of in your report. If you find inaccurate or incomplete information in your credit report, notify all three agencies by phone and follow up in writing by using certified mail, return receipt requested, so you will have documentation of all requests and responses by the bureaus.

Also send a request for the correction in writing to the information provider. If the provider finds that the inaccuracy is substantiated, they must notify all national credit bureaus of the correction. If the dispute results in a change, the credit bureau is required to provide you with written results and a free copy of your adjusted report.

Privacy is a serious issue when it comes to your personal information, and the FCRA includes provisions to guard the privacy of your credit report. Your employer or a potential employer may only gain access to your credit history with your consent. An employer, insurer, or creditor cannot access a report that contains your medical information without your approval. Only people with a legitimate business need, such as an application for credit or a rental agreement, are allowed under the FCRA to obtain a copy of your credit report.

The FACTA has enabled consumers to place a fraud alert on their credit report with one phone call to the credit agency. In cases where you suspect that you are the victim of identity theft, or have simply lost your identifying information, you can stop potential thieves from accessing your credit.

You can also get records from businesses where a thief has used your personal information without your consent, provided you have a copy of the police report detailing your identity theft. These records are invaluable in the process of clearing your name after such a crime.

Also new with FACTA is the requirement that mortgage lenders and credit bureaus provide consumers with their credit scores upon request. In addition, if an information provider is sending negative information to a national credit bureau for inclusion on your credit report, they must now send you written notification prior to doing so.

These laws, the FCRA and its newer counterpart the FACTA, have made significant strides toward protecting the consumer from potentially damaging errors and breaches of privacy.
The Fair Credit Reporting Act
"It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title."

A direct quotation from Congress, the previous paragraph is the purpose of the Fair Credit Reporting Act. In short, the FCRA is designed to help protect Americans from unjust practices within the credit reporting system.

While this goal is an admirable one, a quick look around today's credit society shows the actual results have ended up short of expectations. What follows is how the Fair Credit Reporting Act has failed to produce a just credit system for today's consumers.

Detailing the Failures of the Credit System

1) Accuracy - It is documented that credit reports contain inaccuracies but it bears repeating. Studies show that 79 of all credit reports contain factual errors such as duplicate listings, wrong dates, tradelines added to the wrong credit reports, and positive credit accounts that are not included.

These same studies also indicate that 25 of credit files include errors large enough to cause a credit denial.

How just is a credit system that can cause a person to be declined for credit or force them to pay higher interest rates than are necessary based on their actual credit risk? True, you can dispute these inaccurate listings , but this task is not always simple or foolproof. Depending on the types of the erroneous listings on your credit reports, credit repair can be a maddening ordeal that you are forced into.

2) Relevancy - While they may not communicate it directly, the Experian, Equifax, and TransUnion's creation of the VantageScore is evidence enough that the current FICO based credit scoring formulas are not as predicative as they could be. According to Experian spokesman Donald Girard, the VantageScore is "the most sophisticated, highly predictive scoring model that's available in the marketplace" and as a consequence the more popular FICO score is less predictive.

One of the flaws in the FICO score that the VantageScore tried to address is the importance that very old credit listings have on the credit score. According to Dr. Bonnie Guiton Hill, advisor to President Bush on consumer affairs, "it is our understanding that computer models that predict credit worthiness find most information that is more than two years old nonessential." This is why newly created scoring models like the VantageScore are beginning to ignore credit listings that are over three years old. It does not serve to accurately determine a consumer's credit worthiness.

So why has the financial community been so slow to adopt scoring models such as the VantageScore? They say it is because FICO is engrained in the current credit system and has stood the test of time. A more cynical answer is that lenders are unmotivated to sacrifice the huge profits they make from charging higher interest rates on credit provided to people who are a relatively low credit risk.

3) Proper Utilization - With how common it is for a credit score to be a misrepresentation of a person's credit worthiness, it could be argued that the popularity of credit scores in the financial market is improper. In today's society, however., the use of consumer credit scores goes far beyond deciding loan amounts and interest rates.

Employers, landlords, insurance companies and others often request to see your credit reports. Your ability to get a certain job, rent an apartment, or get approvedqualify for reasonable insurance premium can all be dependent on your credit reports.

Improper is a subjective word, but being passed over for a job because of irrelevant and possibly erroneous negative credit listings in your credit reports that are plugged into a less than perfect credit scoring model to produce a three-digit credit score that is not indicative of your actual credit risk fits the bill.
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About Author
Both Cathy Taylor & Stuart Hunter are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.

Cathy Taylor has sinced written about articles on various topics from Yoga Practice, Pregnancy Problems and Food And Drink. . Cathy Taylor's top article generates over 22200 views. to your Favourites.

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