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If you've ever applied for a
credit card, a personal loan, or insurance, there's a file about you.
This file is known as your credit report. It is chock full of
information on where you live, how you pay your bills, and whether
you've been sued, arrested, or filed for bankruptcy. Consumer reporting
companies sell the information in your report to creditors, insurers,
employers, and other businesses with a legitimate need for it. They use
the information to evaluate your applications for credit, insurance,
employment, or a lease.
Having a good credit report
means it will be easier for you to get loans and lower interest rates.
Lower interest rates usually translate into smaller monthly payments.
Nevertheless,
newspapers, radio, TV, and the Internet are filled with ads for
companies and services that promise to erase
accurate negative
information in your credit report in
exchange for a fee. The scam artists who run these ads not only
don't
deliver — they
can't
deliver. Only time, a
deliberate effort, and a plan to repay your bills will improve your
credit as it's detailed in your credit report.
The
Federal Trade Commission (FTC),
the nation's consumer protection agency, has written this booklet to
help explain how to build a better credit report. It has six sections:
Section 1:
Explains your rights under the Fair Credit Reporting Act and the Fair
and Accurate Credit Transactions Act.
Section 2:
Tells how you can legally improve your credit report.
Section 3:
Offers tips on dealing with debt.
Section 4:
Cautions about credit-related scams and how to avoid them.
Section 5:
Offers information about identity theft.
Section 6:
Lists resources for additional information.
The Fair Credit Reporting
Act
The Fair Credit Reporting Act
(FCRA) promotes the accuracy, fairness, and privacy of information in
the files of the nation's consumer reporting companies. The FTC enforces
the FCRA with respect to consumer reporting companies. Recent amendments
to the FCRA expand consumer rights and place additional requirements on
consumer reporting companies. Businesses that provide information about
consumers to consumer reporting companies and businesses that use credit
reports also have new responsibilities under the law.
Here are some questions
consumers have asked the FTC about consumer reports and consumer
reporting companies, and the answers.
Q. Do I have a
right to know what's in my report?
A. You have the
right to know what's in your report, but you have to ask for the
information. The consumer reporting company must tell you everything in
your report, and give you a list of everyone who has requested your
report within the past year - or the past two years if the requests were
related to employment.
Q. What type of
information do consumer reporting companies collect and sell?
A. Consumer
reporting companies collect and sell four basic types of information:
- Identification
and employment information:
Your name, birth date, Social Security
number, employer, and spouse's name are noted routinely. The consumer
reporting company also may provide information about your employment
history, home ownership, income, and previous address, if a creditor
asks.
- Payment history:
Your accounts with different creditors
are listed, showing how much credit has been extended and whether
you've paid on time. Related events, such as the referral of an
overdue account to a collection agency, also may be noted.
- Inquiries:
Consumer reporting companies must
maintain a record of all creditors who have asked for your credit
history within the past year, and a record of individuals or
businesses that have asked for your credit history for employment
purposes for the past two years.
- Public record
information:
Events that are a matter of public
record, such as bankruptcies, foreclosures, or tax liens, may appear
in your report.
Q. Is there a
charge for my report?
A. Under the Free
File Disclosure Rule of the Fair and Accurate Credit Transactions Act
(FACT Act), each of the nationwide consumer reporting companies —
Equifax, Experian, and TransUnion — is required to provide you with a
free copy of your credit report once every 12 months, if you ask for it.
These consumer reporting
companies are phasing in free reports geographically through September
1, 2005. After that, free reports will be accessible to all Americans,
regardless of where they live.
- Free reports have
been available to consumers in the
Western states —
Alaska, Arizona, California, Colorado,
Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington,
and Wyoming — since December
1, 2004.
- Consumers in the
Midwestern states —
Illinois, Indiana, Iowa, Kansas,
Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South
Dakota, and Wisconsin — have been able to order free reports since
March 1, 2005.
- Consumers in the
Southern states —
Alabama, Arkansas, Florida, Georgia,
Kentucky, Louisiana, Mississippi, Oklahoma, South Carolina, Tennessee,
and Texas — can begin ordering their free reports
June 1, 2005.
- Consumers in the
Eastern states —
Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, North Carolina,
Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia — the
District of Columbia, Puerto Rico, and all U.S. territories can begin
ordering their free reports
September 1, 2005.
Q: How do I order
my free report?
A: The three nationwide consumer
reporting companies are using one website, one toll-free telephone
number, and one mailing address for consumers to order their free annual
report. To order, click on
www.annualcreditreport.com, call
1-877-322-8228, or complete the Annual Credit Report Request Form and
mail it to: Annual Credit Report Request Service, P.O. Box 105281,
Atlanta, GA 30348-5281. You can print the form:
www.annualcreditreport.com.
Do not contact the three nationwide consumer reporting companies
individually. You may order your free annual reports from each of the
consumer reporting companies at the same time, or you can order from
only one or two. The law allows you to order one free copy from each of
the nationwide consumer reporting companies every 12 months.
Q: What information
do I have to provide to get my free report?
A: You need to
provide your name, address, Social Security number, and date of birth.
If you have moved in the last two years, you may have to provide your
previous address. To maintain the security of your file, each nationwide
consumer reporting company may ask you for some information that only
you would know, like the amount of your monthly mortgage payment. Each
company may ask you for different information because the information
each has in your file may come from different sources.
Still,
www.annualcreditreport.com is the only authorized online source for your
free annual credit report from the three nationwide consumer reporting
companies. Neither the website nor the companies will call you first to
ask for personal information or send you an email asking for personal
information. If you get a phone call or an email — or see a pop-up ad —
claiming it's from
www.annualcreditreport.com (or any of
the three nationwide consumer reporting companies), it's probably a
scam. Don't reply or click on any link in the message. Instead, forward
any email that claims to be from www.annualcreditreport.com (or any of
the three consumer reporting companies) to
spam@uce.gov,
the FTC's database of deceptive spam.
Q: Are there other
situations where I might be eligible for a free report?
A: Under federal
law, you're entitled to a free report if a company takes adverse action
against you, such as denying your application for credit, insurance, or
employment, and you ask for your report within 60 days of receiving
notice of the action. The notice will give you the name, address, and
phone number of the consumer reporting company. You're also entitled to
one free report a year if you're unemployed and plan to look for a job
within 60 days; if you're on welfare; or if your report is inaccurate
because of fraud, including identity theft. Otherwise, any of the three
consumer reporting companies may charge you up to $9.50 for another copy
of your report within a 12-month period.
To buy a copy of your report,
contact:
Under state law, consumers in
Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey, and
Vermont already have free access to their credit reports.
For more information,
see Your Access to Free Credit Reports at
ftc.gov/credit.
Credit Scores
Q. What is a credit
score, and how does it affect my ability to get credit?
A: Credit scoring
is a system creditors use to help determine whether to give you credit,
and how much to charge you for it.
Information about you and
your credit experiences, like your bill-paying history, the number and
type of accounts you have, late payments, collection actions,
outstanding debt, and the age of your accounts, is collected from your
credit application and your credit report. Using a statistical formula,
creditors compare this information to the credit performance of
consumers with similar profiles. A credit scoring system awards points
for each factor. A total number of points — a credit score — helps
predict how creditworthy you are, that is, how likely it is that you
will repay a loan and make the payments on time. Generally, consumers
with good credit risks have higher credit scores.
You can get your credit score
from the three nationwide consumer reporting companies, but you will
have to pay a fee for it. Many other companies also offer credit scores
for sale alone or as part of a package of products.
For more information,
see Credit Scoring at
ftc.gov/credit.
Improving Your Credit
Report
Under the FCRA, both the
consumer reporting company and the information provider (the person,
company, or organization that provides information about you to a
consumer reporting company) are responsible for correcting inaccurate or
incomplete information in your report. To take advantage of all your
rights under the FCRA, contact the consumer reporting company and the
information provider if you see inaccurate or incomplete information.
1. Tell the consumer
reporting company, in writing, what information you think 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 that you dispute, state the facts and explain
why you dispute the information, and request that the information be
deleted or corrected. You may want to enclose a copy of your report with
the items in question circled. Send your letter by certified mail,
return receipt requested, so you can document what the consumer
reporting company received. Keep copies of your dispute letter and
enclosures.
Consumer reporting companies
must investigate the items in question — usually within 30 days — unless
they consider your dispute frivolous. They also must forward all the
relevant data you provide about the inaccuracy to the organization that
provided the information. After the information provider receives notice
of a dispute from the consumer reporting company, it must investigate,
review the relevant information, and report the results back to the
consumer reporting company. If the information provider finds the
disputed information is inaccurate, it must notify all three nationwide
consumer reporting companies so they can correct the information in your
file.
When the investigation is
complete, the consumer reporting company must give you the written
results and a free copy of your report if the dispute results in a
change. (This free report does not count as your annual free report
under the FACT Act.) If an item is changed or deleted, the consumer
reporting company cannot put the disputed information back in your file
unless the information provider verifies that the information is,
indeed, accurate and complete. The consumer reporting company also must
send you written notice that includes the name, address, and phone
number of the information provider.
If you request, the consumer
reporting company must send notices of any correction to anyone who
received your report in the past six months. A corrected copy of your
report can be sent to anyone who received a copy during the past two
years for employment purposes.
If an investigation doesn't
resolve your dispute with the consumer reporting company, you can ask
that a statement of the dispute be included in your file and in future
reports. You also can ask the consumer reporting company to provide your
statement to anyone who received a copy of your report in the recent
past. Expect to pay a fee for this service.
2. Tell the creditor or other
information provider, in writing, that you dispute an item. Be sure to
include copies (NOT originals) of documents that support your position.
Many providers specify an address for disputes. If the provider reports
the item to a consumer reporting company, it must include a notice of
your dispute. And if you are correct - that is, if the information is
found to be inaccurate - the information provider may not report it
again.
Sample Dispute Letter
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Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Company
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute the following information in my file. The
items I dispute also are encircled on the attached copy of the
report I received.
This item (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.)
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 investigate 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) |
Accurate Negative
Information
When negative information in your report
is accurate, only the passage of time can assure its removal. A consumer
reporting company can report most accurate negative information for
seven years and bankruptcy information for 10 years. Information about
an unpaid judgment against you can be reported for seven years or until
the statute of limitations runs out, whichever is longer. There is no
time limit on reporting information about criminal convictions;
information reported in response to your application for a job that pays
more than $75,000 a year; and information reported because you've
applied for more than $150,000 worth of credit or life insurance. There
is a standard method for calculating the seven-year reporting period.
Generally, the period runs from the date that the event took place.
Adding Accounts to
Your File
Your credit file
may not reflect all your credit accounts. Most national department store
and all-purpose bank credit card accounts are included in your file, but
not all. Some travel, entertainment, gasoline card companies, local
retailers, and credit unions are among those that usually aren't
included.
If you've been told that you
were denied credit because of an "insufficient credit file" or "no
credit file" and you have accounts with creditors that don't appear in
your credit file, ask the consumer reporting companies to add this
information to future reports. Although they are not required to do so,
many consumer reporting companies will add verifiable accounts for a
fee. However, if these creditors do not generally report to the consumer
reporting company, the added items will not be updated in your file.
Dealing with Debt
Having trouble paying your
bills? Getting dunning notices from creditors? Are your accounts being
turned over to debt collectors? Are you worried about losing your home
or your car?
You're not alone. Many people
face financial crises at some time in their lives. Whether the crisis is
caused by personal or family illness, the loss of a job, or simple
overspending, it can seem overwhelming. But often, it can be overcome.
The fact is that your financial situation doesn't have to go from bad to
worse.
If you or someone you know is
in financial hot water, consider these options: realistic budgeting,
credit counseling from a reputable organization, debt consolidation, or
bankruptcy. How do you know which will work best for you? It depends on
your level of debt, your level of discipline, and your prospects for the
future.
Self-Help
Developing a Budget
The first step
toward taking control of your financial situation is to do a realistic
assessment of how much money you take in and how much money you spend.
Start by listing your income from all sources. Then, list your "fixed"
expenses — those that are the same each month — like mortgage payments
or rent, car payments, and insurance premiums. Next, list the expenses
that vary — like entertainment, recreation, and clothing. Writing down
all your expenses, even those that seem insignificant, is a helpful way
to track your spending patterns, identify necessary expenses, and
prioritize the rest. The goal is to make sure you can make ends meet on
the basics: housing, food, health care, insurance, and education.
Your public library and
bookstores have information about budgeting and money management
techniques. In addition, computer software programs can be useful tools
for developing and maintaining a budget, balancing your checkbook, and
creating plans to save money and pay down your debt.
Contacting Your
Creditors
Contact your
creditors immediately if you're having trouble making ends meet. Tell
them why it's difficult for you, and try to work out a modified payment
plan that reduces your payments to a more manageable level. Don't wait
until your accounts have been turned over to a debt collector. At that
point, your creditors have given up on you.
Dealing with Debt
Collectors
The Fair Debt
Collection Practices Act is the federal law that dictates how and when a
debt collector may contact you. A debt collector may not call you before
8 a.m., after 9 p.m., or while you're at work if the collector knows
that your employer doesn't approve of the calls. Collectors may not
harass you, lie, or use unfair practices when they try to collect a
debt. And they must honor a written request from you to stop further
contact.
Credit Counseling
If you're not
disciplined enough to create a workable budget and stick to it, can't
work out a repayment plan with your creditors, or can't keep track of
mounting bills, consider contacting a credit counseling organization.
Many credit counseling organizations are nonprofit and work with you to
solve your financial problems. But be aware that just because an
organization says it's "nonprofit," there's no guarantee that its
services are free, affordable, or even legitimate. In fact, some credit
counseling organizations charge high fees, which may be hidden, or
pressure consumers to make large "voluntary" contributions that can
cause more debt.
Most credit counselors offer
services through local offices, the Internet, or on the telephone. If
possible, find an organization that offers in-person counseling. Many
universities, military bases, credit unions, housing authorities, and
branches of the U.S. Cooperative Extension Service operate nonprofit
credit counseling programs. Your financial institution, local consumer
protection agency, and friends and family also may be good sources of
information and referrals.
Reputable credit counseling
organizations can advise you on managing your money and debts, help you
develop a budget, and offer free educational materials and workshops.
Their counselors are certified and trained in the areas of consumer
credit, money and debt management, and budgeting. Counselors discuss
your entire financial situation with you, and help you develop a
personalized plan to solve your money problems. An initial counseling
session typically lasts an hour, with an offer of follow-up sessions.
Auto and Home Loans
Your debts can be
secured or unsecured. Secured debts usually are tied to an asset, like
your car for a car loan, or your house for a mortgage. If you stop
making payments, lenders can repossess your car or foreclose on your
house. Unsecured debts are not tied to any asset, and include most
credit card debt, bills for medical care, signature loans, and debts for
other types of services.
Most automobile financing
agreements allow a creditor to repossess your car any time you're in
default. No notice is required. If your car is repossessed, you may have
to pay the balance due on the loan, as well as towing and storage costs,
to get it back. If you can't do this, the creditor may sell the car. If
you see default approaching, you may be better off selling the car
yourself and paying off the debt: You'll avoid the added costs of
repossession and a negative entry on your credit report.
If you fall behind on your
mortgage, contact your lender immediately to avoid foreclosure. Most
lenders are willing to work with you if they believe you're acting in
good faith and the situation is temporary. Some lenders may reduce or
suspend your payments for a short time. When you resume regular
payments, though, you may have to pay an additional amount toward the
past due total. Other lenders may agree to change the terms of the
mortgage by extending the repayment period to reduce the monthly debt.
Ask whether additional fees would be assessed for these changes, and
calculate how much they total in the long term.
If you and your lender cannot
work out a plan, contact a housing counseling agency. Some agencies
limit their counseling services to homeowners with FHA mortgages, but
many offer free help to any homeowner who's having trouble making
mortgage payments. Call the local office of the Department of Housing
and Urban Development or the housing authority in your state, city, or
county for help in finding a legitimate housing counseling agency near
you.
Debt Consolidation
You may be able to
lower your cost of credit by consolidating your debt through a second
mortgage or a home equity line of credit. Remember that these loans
require you to put up your home as collateral. If you can't make the
payments — or if your payments are late — you could lose your home.
What's more, the costs of
consolidation loans can add up. In addition to interest on the loans,
you may have to pay "points," with one point equal to one percent of the
amount you borrow. Still, these loans may provide certain tax advantages
that are not available with other kinds of credit.
Bankruptcy
Personal bankruptcy
generally is considered the debt management option of last resort
because the results are long-lasting and far-reaching. A bankruptcy
stays on your credit report for 10 years, and can make it difficult to
obtain credit, buy a home, get life insurance, or sometimes get a job.
Still, it is a legal procedure that offers a fresh start for people who
can't satisfy their debts. People who follow the bankruptcy rules
receive a discharge — a court order that says they don't have to repay
certain debts.
There are two primary types
of personal bankruptcy: Chapter 13 and Chapter 7. Each must be filed in
federal bankruptcy court. As of January 2005, the filing fees run about
$185 for Chapter 13 and $200 for Chapter 7. Attorney fees are additional
and can vary.
Chapter 13 allows people with
a steady income to keep property, like a mortgaged house or a car, that
they otherwise might lose. In Chapter 13, the court approves a repayment
plan that allows you to use your future income to pay off a default
during a three-to-five-year period, rather than surrender any property.
After you have made all the payments under the plan, you receive a
discharge of your debts.
Chapter 7 is known as
straight bankruptcy, and involves liquidation of all assets that are not
exempt. Exempt property may include automobiles, work-related tools, and
basic household furnishings. Some of your property may be sold by a
court-appointed official — a trustee — or turned over to your creditors.
You can receive a discharge of your debts through Chapter 7 only once
every six years.
Both types of bankruptcy may
get rid of unsecured debts and stop foreclosures, repossessions,
garnishments, utility shut-offs, and debt collection activities. Both
also provide exemptions that allow people to keep certain assets,
although exemption amounts vary. Note that personal bankruptcy usually
does not erase child support, alimony, fines, taxes, and some student
loan obligations. And unless you have an acceptable plan to catch up on
your debt under Chapter 13, bankruptcy usually does not allow you to
keep property when your creditor has an unpaid mortgage or lien on it.
For more information,
see Knee Deep in Debt and Fiscal Fitness: Choosing a Credit
Counselor at
ftc.gov/credit.
Avoiding Scams
Turning to a business that
offers help in solving debt problems may seem like a reasonable solution
when your bills become unmanageable. Be cautious. Before you do business
with any company, check it out with your local consumer protection
agency or the Better Business Bureau in the company's location.
Ads Promising Debt
Relief May Really Be Offering Bankruptcy
Consumer debt is at
an all-time high. What's more, a record number of consumers — more than
1.6 million in 2003 — are filing for bankruptcy. Whether your debt
dilemma is the result of an illness, unemployment, or overspending, it
can seem overwhelming. In your effort to get solvent, be on the alert
for advertisements that offer seemingly quick fixes. And read between
the lines when faced with ads in newspapers, magazines, or even
telephone directories that say:
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"Consolidate your bills into one monthly
payment without borrowing"
"STOP
credit harassment, foreclosures,
repossessions, tax levies and garnishments"
"Keep
Your Property"
"Wipe
out your debts! Consolidate your bills! How?
By using the protection and assistance provided by federal law. For
once, let the law work for you!" |
While the ads pitch the
promise of debt relief, they rarely say relief may be spelled
b-a-n-k-r-u-p-t-c-y. And although bankruptcy is one option to deal with
financial problems, it's generally considered the option of last resort.
The reason: it has a long-term negative impact on your creditworthiness.
A bankruptcy stays on your credit report for 10 years, and can hinder
your ability to get credit, a job, insurance, or even a place to live.
What's more, it can cost you attorneys' fees.
Advance-Fee Loan
Scams
These scams often
target consumers with bad credit problems or those with no credit. In
exchange for an up-front fee, these companies "guarantee" that
applicants will get the credit they want — usually a credit card or a
personal loan.
The up-front fee may be as
high as several hundred dollars. Resist the temptation to follow up on
advance-fee loan guarantees. They may be illegal. Many legitimate
creditors offer extensions of credit, such as credit cards, loans, and
mortgages through telemarketing, and require an application fee or
appraisal fee in advance. But legitimate creditors never guarantee in
advance that you'll get the loan. Under the federal Telemarketing Sales
Rule, a seller or telemarketer who guarantees or represents a high
likelihood of your getting a loan or some other extension of credit may
not ask for or receive payment until you've received the loan.
Recognizing an
Advance-Fee Loan Scam
Ads for advance-fee
loans often appear in the classified ad section of local and national
newspapers and magazines. They also may appear in mailings, radio spots,
and on local cable stations. Often, these ads feature "900" numbers,
which result in charges on your phone bill. In addition, these companies
often use delivery systems other than the U.S. Postal Service, such as
overnight or courier services, to avoid detection and prosecution by
postal authorities.
It's not hard to confuse a
legitimate credit offer with an advance-fee loan scam. An offer for
credit from a bank, savings and loan, or mortgage broker generally
requires your verbal or written acceptance of the loan or credit offer.
The offer usually is subject to a check of your credit report after you
apply to make sure you meet their credit standards. Usually, you are not
required to pay a fee to get the credit.
Hang up on anyone who calls
you on the phone and says they can guarantee you will get a loan if you
pay in advance. It's against the law.
Protecting Yourself
Here are some tips
to keep in mind before you respond to ads that promise easy credit,
regardless of your credit history:
- Most legitimate lenders
will not "guarantee" that you will get a loan or a credit card before
you apply, especially if you have bad credit, or a bankruptcy.
- It is an accepted and
common practice for reputable lenders to require payment for a credit
report or appraisal. You also may have to pay a processing or
application fee.
- Never give your credit
card account number, bank account information, or Social Security
number out over the telephone unless you are familiar with the company
and know why the information is necessary.
Credit Repair Scams
You see the ads in
newspapers, on TV, and on the Internet. You hear them on the radio. You
get fliers in the mail. You may even get calls from telemarketers
offering credit repair services. They all make the same claims:
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"Credit problems? No problem!"
"We
can erase your bad credit-100% guaranteed."
"Create a new credit identity-legally."
"We
can remove bankruptcies, judgments, liens, and bad loans from your
credit file forever!" |
Do yourself a favor and save
some money, too. Don't believe these statements. They're just not true.
Only time, a conscientious effort, and a plan for repaying your debt
will improve your credit report.
The Warning Signs
If you should
decide to respond to an offer to repair your credit, think twice. Don't
do business with any company that:
- wants you to pay for
credit repair services before any services are provided
- does not tell you your
legal rights and what you can do yourself — for free
- recommends that you not
contact a consumer reporting company directly
- suggests that you try to
invent a "new" credit report by applying for an Employer
Identification Number to use instead of your Social Security number
- advises you to dispute all
information in your credit report or take any action that seems
illegal, such as creating a new credit identity. If you follow illegal
advice and commit fraud, you may be subject to prosecution.
You could be charged and
prosecuted for mail or wire fraud if you use the mail or telephone to
apply for credit and provide false information. It's a federal crime to
make false statements on a loan or credit application, to misrepresent
your Social Security number, and to obtain an Employer Identification
Number from the Internal Revenue Service under false pretenses.
The Credit Repair
Organizations Act
By law, credit
repair organizations must give you a copy of the "Consumer Credit File
Rights Under State and Federal Law" before you sign a contract. They
also must give you a written contract that spells out your rights and
obligations. Read these documents before signing the contract. The law
contains specific consumer protections. For example, a credit repair
company cannot:
- make false claims about
their services
- charge you until they have
completed the promised services
- perform any services until
they have your signature on a written contract and have completed a
three-day waiting period. During this time, you can cancel the
contract without paying any fees.
Your contract must specify:
- the total cost of the
services
- a detailed description of
the services to be performed
- how long it will take to
achieve the results
- any "guarantees" they
offer
- the company's name and
business address.
Where to Complain
If you've had a problem with any of the
scams described here, contact your
local consumer protection agency,
state Attorney General (AG), or
Better Business Bureau.
Many AGs have toll-free consumer hotlines. Check with your local
directory assistance.
Identity Theft
An identity thief is someone
who obtains some piece of your sensitive information, like your Social
Security number, date of birth, address, and phone number, and uses it
without your knowledge to commit fraud or theft.
How Identity
Thieves Get Your Information
Skilled identity
thieves use a variety of methods to gain access to your personal
information. For example, they may:
- get information from
businesses or other institutions by:
- stealing records or
information while they're on the job
- bribing an employee who
has access to these records
- hacking these records
- conning information out
of employees
- rummage through your
trash, the trash of businesses, or public trash dumps in a practice
known as "dumpster diving"
- get your credit reports by
abusing their employer's authorized access to them, or by posing as a
landlord, employer, or someone else who may have a legal right to
access your report
- steal your credit or debit
card numbers by capturing the information in a data storage device in
a practice known as "skimming." They may swipe your card for an actual
purchase, or attach the device to an ATM machine where you may enter
or swipe your card.
- steal wallets and purses
containing identification and credit and bank cards.
- steal mail, including bank
and credit card statements, new checks, or tax information
- complete a "change of
address form" to divert your mail to another location
- steal personal information
from your home
- scam information from you
by posing as a legitimate business person or government official
How Identity
Thieves Use Your Information
Once identity
thieves have your personal information, they may:
- go on spending sprees
using your credit and debit card account numbers to buy "big-ticket"
items like computers that they can easily sell
- open a new credit card
account, using your name, date of birth, and Social Security number.
When they don't pay the bills, the delinquent account is reported on
your credit report.
- change the mailing address
on your credit card account. The imposter then runs up charges on the
account. Because the bills are being sent to the new address, it may
take some time before you realize there's a problem.
- take out auto loans in
your name
- establish phone or
wireless service in your name
- counterfeit checks or
debit cards, and drain your bank account
- open a bank account in
your name and write bad checks on that account
- file for bankruptcy under
your name to avoid paying debts they've incurred, or to avoid eviction
- give your name to the
police during an arrest. If they are released and don't show up for
their court date, an arrest warrant could be issued in your name.
Protecting Yourself
Managing your
personal information is key to minimizing your risk of becoming a victim
of identity theft.
- Keep an eye on your purse
or wallet, and keep them in a safe place at all times.
- Don't carry your Social
Security card.
- Don't share your personal
information with random people you don't know. Identity thieves are
really good liars, and could pretend to be from banks, Internet
service providers, or even government agencies to get you to reveal
identifying information.
- Read the statements from
your bank and credit accounts and look for unusual charges or
suspicious activity. Report any problems to your bank and creditors
right away.
- Tear up or shred your
charge receipts, checks and bank statements, expired charge cards, and
any other documents with personal information before you put them in
the trash.
How To Tell If
You're a Victim of Identity Theft
Monitor the
balances of your financial accounts. Look for unexplained charges or
withdrawals. Other indications of identity theft can be:
- failing to receive bills
or other mail signaling an address change by the identity thief;
- receiving credit cards for
which you did not apply;
- denial of credit for no
apparent reason; or
- receiving calls from debt
collectors or companies about merchandise or services you didn't buy.
What To Do If Your
Identity's Been Stolen
If you suspect that
your personal information has been used to commit fraud or theft, take
the following four steps right away. Follow up all calls in writing;
send your letter by certified mail, and request a return receipt, so you
can document what the company received and when; and keep copies for
your files.
- Place a fraud
alert on your credit reports and review your credit reports.
Contact any one of the nationwide
consumer reporting companies to place a fraud alert on your credit
report. Fraud alerts can help prevent an identity thief from opening
any more accounts in your name. The company you call is required to
contact the other two, which will place an alert on their versions of
your report, too.
Equifax:
1-800-525-6285;
www.equifax.com
Experian: 1-888-EXPERIAN (397-3742);
www.experian.com
TransUnion: 1-800-680-7289;
www.transunion.com
In addition to placing the
fraud alert on your file, the three consumer reporting companies will
send you free copies of your credit reports, and, if you ask, they
will display only the last four digits of your Social Security number
on your credit reports.
- Close the
accounts that you know, or believe, have been tampered with or opened
fraudulently.
Contact the
security or fraud department of each company where you know, or
believe, accounts have been tampered with or opened fraudulently.
Follow up in writing, and include copies (NOT originals) of supporting
documents. It's important to notify credit card companies and banks in
writing. Send your letters by certified mail, return receipt
requested, so you can document what the company received and when.
Keep a file of your correspondence and enclosures.
When you open new accounts, use new Personal
Identification Numbers (PINs) and passwords. Avoid using easily
available information like your mother's maiden name, your birth date,
the last four digits of your Social Security number or your phone
number, or a series of consecutive numbers.
- File a report
with your local police or the police in the community where the
identity theft took place.
Get a copy of the
police report or, at the very least, the number of the report. It can
help you deal with creditors who need proof of the crime. If the
police are reluctant to take your report, ask to file a "Miscellaneous
Incidents" report, or try another jurisdiction, like your state
police. You also can check with your state Attorney General's office
to find out if state law requires the police to take reports for
identity theft. Check the Blue Pages of your telephone directory for
the phone number or check www.naag.org for a list of state Attorneys
General.
- File a complaint
with the Federal Trade Commission.
By sharing your
identity theft complaint with the FTC, you will provide important
information that can help law enforcement officials across the nation
track down identity thieves and stop them. The FTC also can refer your
complaint to other government agencies and companies for further
action, as well as investigate companies for violations of laws that
the FTC enforces.
You can file a complaint online at
www.consumer.gov/idtheft.
If you don't have Internet access, call the FTC's Identity Theft
Hotline, toll-free: 1-877-IDTHEFT (438-4338); TTY: 1-866-653-4261; or
write: Identity Theft Clearinghouse, Federal Trade Commission, 600
Pennsylvania Avenue, NW, Washington, DC 20580.
For more information,
see ID Theft: What's It All About or Take Charge: Fighting
Back Against Identity Theft at
www.consumer.gov/idtheft.
For More Information
The Federal Trade Commission
enforces a number of credit laws and has free information about them:
The
Equal Credit Opportunity Act
prohibits the
denial of credit because of your sex, race, marital status, religion,
national origin, age, or because you receive public assistance.
The
Fair Credit Reporting Act
gives you the right
to learn what information is being distributed about you by credit
reporting companies.
The
Truth in Lending Act
requires lenders to give
you written disclosures of the cost of credit and terms of repayment
before you enter into a credit transaction.
The
Fair Credit Billing Act
establishes procedures for
resolving billing errors on your credit card accounts.
The
Fair Debt Collection Practices Act
prohibits debt collectors from using
unfair or deceptive practices to collect overdue bills that your
creditor has forwarded for collection.
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.
Federal Trade Commission
Bureau of Consumer Protection
Office of Consumer and Business Education
May 2005
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