How To Fix Any Errors On Your Credit Report
Overview and General Tips
Carefully review your consumer credit reports for errors.
There's a good chance that your credit reports will contain
inaccuracies. U.S. Public Interest Research Group study found
that at least 70% of reports contained an error of some kind.
And one in four consumer credit reports it reviewed had errors
serious enough to cause consumers to be denied credit, or
other essentials such as an apartment, or insurance.
Those consumers on the threshold of subprime status face
particularly dire consequences from this lack of precision.
Falling below the cutoff score for a prime rate mortgage can
add a tremendous financial burden to these threshold consumers
and make it more difficult to meet this and other financial
obligations.
Steps to fixing credit report erros
Step 1: Contact the creditor regarding
the problem
Step 2: Contact credit reporting agencies
Step 3: Ensure that the error is fixed
Step 4: Write a statement if you cannot
resolve a disputed item. You have the right to attach a
100-word statement, free of charge, explaining the nature
of your disagreement. Your statement will become part of
your credit file, and will be included each time your credit
file is accessed.
Consumer Tips
- Before you file a dispute with any consumer credit reporting
agency, you should have and review a recent copy of your
consumer credit report issued by that agency.
- You should be prepared to provide details such as the
name of the "furnisher" (or creditor) who provided
the information about the disputed item, the reasons for
your dispute and copies of any documents or information
to substantiate your claim.
- File your dispute in writing with the consumer credit
reporting agency that issued the consumer credit report
containing the error, send it "return receipt requested"
and keep a copy of your letter and all documentation for
your records. Do not send your original documents.
- Review your report from each of the three credit-reporting
agencies at least once a year. An error-free report from
one agency does not guarantee that the reports from the
other agencies will be accurate.
- Make sure you follow up with all three agencies and any
creditors of information to the consumer credit reporting
agencies to ensure the corrections have been made.
- Be aware that contesting an error and resolving credit
problems takes time and often a lot of effort. Be persistent
and be patient.
The FACT Act gives consumers new rights for disputing errors.
Expanded consumer rights under the FACT Act allows you to
dispute errors both with the consumer credit reporting agency
and with "creditors," that is, those who directly
provide information to the consumer credit reporting agencies.
You should dispute inaccurate information with both the consumer
credit reporting agency and the creditor. Disputing with
both allows you to cover all of your bases to ensure that
the corrections are consistently made by any source which
might risk reporting an error. Consumer credit reporting agencies
may be subject to civil liability if errors are not corrected.
Disputing Information Directly with a Consumer Credit Reporting
Agency
Consumer credit reporting agencies have 45 days to conduct
reinvestigations of disputed items resulting from free annual
consumer credit report requests made under the FACT Act. (An
exception to the time period is made if the consumer credit
reporting agency has not been continuously providing consumer
credit reports for 12 months preceding the request for the
free consumer credit report.) Consumer credit reporting agencies
have 30-45 days for all other dispute investigations, i.e.,
those that are generated as a result of information obtained
from consumer credit reports other than the free annual reports
you are eligible for under the FACT Act.
If the creditor of the information fails to respond within
this time, or fails to adequately explain the reason for the
inaccurate or incomplete information, the consumer credit
reporting agency must remove the error or disputed item from
your record. The consumer credit reporting agency must provide
you with an updated copy of your consumer credit report by
mail within the 45 day period.
Consumer credit reporting agencies must notify creditors
and other providers of information when changes are made because
of an investigation based on a consumer complaint about a
consumer credit reporting error. Creditors must change records,
delete records, or permanently block reporting to consumer
credit reporting agencies of information found to be inaccurate
or incomplete.
If a consumer credit reporting agency is notified by a creditor
that you are disputing information supplied by the creditor,
the consumer credit reporting agency must indicate that fact
in each consumer credit report that includes the disputed
information.
You should follow up with the consumer credit reporting agency
to verify that the inaccurate or incomplete information is
removed in a timely manner, then continue to monitor your
credit information on a regular basis by ordering and reviewing
your consumer credit reports from the three major consumer
credit reporting agencies.
Disputing Incorrect Information Directly With Creditor
Before the changes in federal law that become effective under
the FACT Act creditors of information were only required to
perform an investigation of the accuracy of information if
they received a complaint from a consumer through a consumer
credit reporting agency. Effective December 1, 2004, consumers
have a new right to dispute information directly with the
providers of the information, also known as "furnishers"
(or creditors). An exception to this is that consumers cannot
use credit repair organizations to file disputes directly
with creditors under the FACT Act.
The new law requires financial regulators and the Federal
Trade Commission (FTC) to develop regulations outlining the
types of consumer disputes that creditors and other furnishers
of information to consumer credit reporting agencies must
investigate. Those regulations are pending.
Other rules about filing a dispute directly with a creditor
have already been developed. The questions and answers below
reflect the rules which have been decided and the steps you
should take when you file a dispute directly with a creditor.
The pending regulations will define exactly what kind of disputes
you can file directly with the creditor.
How should I dispute information with the creditor and
what information should I include in my dispute?
A consumer credit report contains information about the furnishers
of information in your consumer credit report. To dispute
information with a creditor, do so in writing, send it "return
receipt requested" and retain a copy of your letter for
your records. When you dispute an error with a creditor,
be sure to:
- include your name, account number, identify the specific
information that is being disputed;
- explain the basis for the dispute; and
- include copies of all supporting documentation required
by the creditor to substantiate the basis of your dispute.
The creditor cannot report negative information about you
during the pending investigation.
How soon does the creditor have to respond and by what
method?
Once you have notified the creditor in writing that you
are disputing information it provided, the creditor has a
duty to investigate your complaint and to review all relevant
information you provide.
The creditor must complete the investigation and respond
to you within 30 days of receiving your dispute.
The 30 day period may be extended by 15 days if the creditor
receives information from you during the 30 day period that
is relevant to the investigation.
If the investigation finds that the disputed information
was inaccurate or incomplete or could not be verified, the
creditor must promptly notify each consumer credit reporting
agency to which the creditor provided the inaccurate information.
The creditor must provide to the agency or agencies any information
that is necessary to correct the error.
Based upon the results of the investigation, in notifying
a consumer credit reporting agency, the creditor shall either
modify, delete or permanently block the reporting of the disputed
information.
Once the consumer credit reporting agency receives the results
of the investigation from the creditor, the consumer credit
reporting agency must act to modify, delete or permanently
block the disputed information within the 30 day period that
begins when the creditor receives your notice of dispute,
and mail an updated copy of your consumer credit report reflecting
the results of the investigation of your dispute.
Does a creditor have any special obligations under the
FACT Act?
Creditors must not report negative information about you
to consumer credit reporting agencies once you notify the
creditor that the negative information is the result of identity
theft.
Creditors must notify consumers one time before creditors
can start to report negative information to a consumer credit
reporting agency. Click here for more information on blocking.
Where to complain
If you have a complaint about the way a consumer credit reporting
agency or a furnisher of information handled your dispute
regarding information contained in a free annual consumer
credit report made available by the FACT Act after December
1, 2004, contact the FTC by telephone at: 202-FTC-HELP (202-382-4357)
Or write to the FTC at:
Federal Trade Commission
CRC-240
Washington, D.C. 20580
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