Roy Weddleton

What We Do

Your credit report contains information about where you work and live and how you pay your bills. It also may show whether you have 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), it is important that the information in your report is complete and accurate.

You should periodically review your credit report for inaccuracies or omissions.

Getting Your Credit Report

If you have 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 CRA's name, address and telephone number. If you contact the agency for a copy of your report within sixty (60) days of receiving a denial notice, the report is free. In addition, you are entitled to one free copy of your report a year if you can prove that:

1. You are unemployed and plan to look for a job within sixty (60) days;
   
   
2. You are on welfare; or
   
   
3. Your report is inaccurate because of fraud.
   
   

Otherwise, a CRA may charge you up to $8 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
PO Box 740241
Atlanta, GA 30374-0241
(800) 685-1111
www.equifax.com

Experian (formerly TRW)
PO Box 1240
Allen, TX 75013
(888) 397-3742
www.experian.com

TransUnion
PO Box 2000
Chester, PA 19022-2000
(800) 888-4213
www.transunion.com

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 the responsibility 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.

What you should do first:

1. Tell the CRA in writing what information you believe is inaccurate. Include copies (not originals) of documents that support your position.
   
   
2. Provide your complete name and address and clearly identify each item in your report you dispute. State the facts and explain why you dispute the information, and request deletion or correction.
   
   
3. If you have it, enclose a copy of your report with the items in question circled.
   
   
4. Send your letter by certified mail, return receipt requested, so you can document what the CRA received.
   
   
5. Keep copies of your dispute letter and enclosures.
   
   

What the Credit Reporting Agency Must Do:

1. CRAs must re-investigate the items in question usually within thirty (30) days unless they consider your dispute frivolous.
   
   
2. Forward all relevant data you provide about the dispute to the information provider.
   
   
3. After the information provider receives notice of a dispute from the CRA, the information provider must investigate, review all relevant information provided by the CRA and report the results to the CRA.
   
   
4. 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.
   
   
5. Disputed information that cannot be verified must be deleted from your file.
   
   
6. If your report contains erroneous information, the CRA must correct it.
   
   
7. 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 you are current.
   
   
8. If your file shows an account that belongs only to another person, the CRA must delete it.
   
   
9. When the re-investigation is complete, the CRA must give you the written results and a free copy of your report if the dispute results in a change.
   
   
10. 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.
    
    
11. 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.
    
    
12. If a re-investigation does not resolve your dispute, ask the CRA to include your statement of the dispute in your file and in future reports.
    
    

What Else You Can Do

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 correct, that is, if the disputed information is not accurate, the information provider may not use it again.

What About Something that is Accurate but Negative?

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 seven (7) years. There are certain exceptions:

• Bankruptcy information may be reported for ten (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 (7) years or until the statute of limitations runs out, whichever is longer.
  
  

If you have questions or want additional information, Call Attorney Weddleton 603-223-6613 or e-mail him rweddleton@millerlawnh.com