The Fair Credit Reporting Act (FCRA) is a federal law that details how consumer credit information can be collected and used. Under the FCRA, a consumer has a right to view the information in their credit file and to dispute inaccurate information.
As a consumer, you should be aware of your rights to avoid being taken advantage of by companies in the credit reporting industry.
FCRA Rules for Consumer Reporting Agencies
According to the FCRA, consumer reporting agencies are companies that collect credit information about consumers for the purpose of selling it to third parties. The best-known examples of consumer reporting agencies are the three major credit bureaus:Equifax, Experian, and TransUnion.
Note
The big three credit bureaus aren't the only consumer reporting agencies in the U.S. The Consumer Financial Protection Bureau publishes a list of almost 50 different companies that self-identify as consumer reporting agencies. The FCRA rules apply to those agencies as well.
Under the FCRA, credit bureaus and other consumer reporting agencies are required to follow strict procedures.
Provide You With a Copy of Your Credit File at Your Request
You'll have to provide personal identifying information so the credit bureau can confirm you're the person requesting your credit report. There are certain times the credit bureaus have to provide you a free copy of your credit report:
- Once annually,through the centralized website annualcreditreport.com.
- If a business has taken adverse action (denied your application or charged a higher. interest rate) because of information in your credit report.
- If you areunemployed and planning to look for a job within the next 60 days.
- If you areon welfare.
- If you havebeen a victim of identity theft.
- If your credit report contains inaccurate information resulting from identity theft.
Note
In response to the COVID-19 pandemic, all three of the major reporting agencies are offering free weekly online reports through April 2022.
Investigate Information You Dispute
The only times the agency may not investigate is if you do not provide enough information to investigate your dispute, you dispute everything on your credit report, or you re-dispute an item without offering additional information regarding your dispute.
Correct or Delete Information
Agencies are required to correct or delete inaccurate informationwithin 30 days of your dispute, or up to 45 days if you send additional information after submitting your written dispute.
Additionally, they should delete outdated (negative) informationthat is seven to 10 years old, depending on the type of information.
Limit or Grant Access to Your Information
Agencies should limit access to your file to those businesses that have a permissible purpose for viewing your credit report.
Note
The FCRA is specific about when businesses can access your credit report. The most common cases that fall under "permissible purpose" include: to decide whether to extend credit to you, in connection with collecting a debt, for employment purposes, and to underwrite an insurance policy.
They should also provide your credit report to employers only with your written consent, and provide you with a copy of your credit score upon your request.
Agencies are also required to give you the opportunity to opt out of pre-screened credit offers.
Requirements for Information Furnishers
The FCRA applies to more than just credit bureaus. The businesses thatprovide information to the credit bureaus, or information furnishers, also have legal obligations:
- They can't report inaccurate information.
- They must promptly update and correct any inaccurate information previously. provided to the credit bureaus.
- They must tell you about any negative information reported to the credit bureaus within 30 days.
- They must let the credit bureaus know when you voluntarily close an account.
- They must have a procedure for responding to identity theft notices sent by the credit bureaus.
- They can't report accounts that you have previously reported were the result of identity theft.
You have the right to dispute inaccurate credit report information directly with the information furnisher in writing. After receiving your dispute, the creditor must notify the credit bureau of your dispute, and it is not allowed to continue reporting inaccurate information until it has investigated your dispute.
Important
Businesses are not legally required to report to the credit bureaus. When they do, they must follow the rules set by the FCRA.
Requirements for Businesses That Use Your Credit Report Information
Companies may request your credit report if they have a "permissible purpose"; for example, to grant credit to you after you've submitted an application. The FCRA requires that these businesses:
- Let you know when you've been turned down because of information in your credit report
- Provide you with the name and address of the credit bureau that supplied the report used in the decision to turn you down
Dealing With FCRA Violations
You can seek damages from a business that violates your rights under the FCRA, whether it's the credit bureau, an information furnisher, or a user of your credit report information.
FAQs
Common violations of the FCRA include:
Failure to update reports after completion of bankruptcy is just one example. Agencies might also report old debts as new and report a financial account as active when it was closed by the consumer. Creditors give reporting agencies inaccurate financial information about you.
What does 30-60-90 mean on a credit report? ›
o PD WAS 30 - account was late more than 30 days previously and is now paid and closed. o PD WAS 60 - account was late more than 60 days previously and is now paid and closed. o PD WAS 90 - account was late more than 90 days previously and is now paid and closed. o PD WAS REPO - account paid was repossession.
How do I analyze my credit report? ›
Carefully scrutinize your credit history to check that the account number, account name, balance amount, payment history, payment due date and payment status are all correct. Check to make sure that the account's current credit limits or original loan amounts are correct.
What is the 2 year rule for the FCRA? ›
The statute of limitations for bringing an action for a violation of the FCRA is two years from the date of discovery of the violation by the consumer, although the action must be brought within five years of the date of the actual violation.
What damages can I get when I sue under the FCRA for false credit reporting? ›
actual (provable) damages (no limit), or. statutory damages between $100 and $1,000 (to get these you don't have to prove that the violation harmed you).
What damages are recoverable under the FCRA? ›
Statutory Damages
If a credit bureau's violations of the Fair Credit Reporting Act are deemed “willful” (knowing or reckless) by a Court, consumers can recover damages ranging from $100 – $1,000 for each violation of the FCRA.
What does C mean on a credit report? ›
A 'C' in the payment grid means the account was paid as agreed in that month. An 'X' means no history was reported for that month. The Terms field shows the terms of the account in months for Real Estate or Installment accounts. For a Revolving (credit card) account, the terms show as Rev.
Is it true that after 7 years your credit is clear? ›
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit score may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
What do C and B mean on a credit report? ›
Collection: The account is in collections / over 120 days late. ECOA Codes: ECOA KEY: B = BORROWER; C = CO-BORROWER; S = SHARED; J = JOINT; U = UNDESIGNATED; A = AUTHORIZED USER.
What habit lowers your credit score? ›
Making late payments, even a single day late, can significantly affect your credit. This becomes especially true if you make a habit of paying late. Some lenders or credit card companies will charge you a fee for being a single day late and could cut you off from making further purchases on the account.
Character, capital, capacity, and collateral – purpose isn't tied entirely to any one of the four Cs of credit worthiness. If your business is lacking in one of the Cs, it doesn't mean it has a weak purpose, and vice versa.
Which indicator drives a FICO score the most? ›
The first thing any lender wants to know is whether you've paid past credit accounts on time. This helps a lender figure out the amount of risk it will take on when extending credit. This is the most important factor in a FICO Score.
What is the new FCRA law for 2024? ›
Fair Credit Reporting Act File Disclosure: The maximum charge to a consumer under the FCRA for file disclosure increases effective January 1, 2024, to $15.50 from $14.50. See 88 Fed.
What are the three mistakes to avoid when paying down debt? ›
And by avoiding these common mistakes, you won't feel trapped or make the repayment process more painful than needed.
- Ignoring Debt Consolidation Options. ...
- Not Using Balance Transfer Opportunities. ...
- Forgetting To Budget. ...
- Not Factoring In Your Interest Rates. ...
- Shopping Without A Reason. ...
- Sacrificing Too Much.
What are FCRA requirements on a credit report? ›
The Fair Credit Reporting Act (FCRA) mandates that when a business pulls a credit report on someone, they must specify the reason. For example, the reason could be in conjunction with a loan request, for employment purposes, or part of a credit check by a landlord.
What is an example of FCRA violation? ›
Some examples of violations include: failing to report that a debt was discharged in bankruptcy. reporting old debts as new or re-aged.
What must be investigated under the FCRA? ›
Once notified by a CRA of a consumer dispute, the furnisher of the disputed information must do its own reasonable investigation. A reasonable investigation under FCRA § 1681s-2(b) requires the furnisher to examine sufficient evidence to determine whether the disputed information is accurate.
How much can I sue for a FCRA violation? ›
Punitive damages must be both reasonable and proportionate to the amount of actual damages to the consumer. The FCRA also allows for statutory damages of between $100 and $1,000 for willful violations. These damages are often pursued in class action FCRA claims.
What companies violate the Fair Credit Reporting Act? ›
FCRA lawsuit involves multiple violations of the Fair Credit Reporting Act by Arrow Financial, HSBC, Experian, Equifax and Trans Union regarding the attempted collection from the client of another person's debt.