Fair Credit Reporting Act
A Summary of Your Rights under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness,
and privacy of information in the files of every "consumer reporting agency" (CRA).
Most CRAs are credit bureaus that gather and sell information about you -- such
as if you pay your bills on time or have filed bankruptcy -- to creditors, employers,
landlords, and other businesses. You can find the complete text of the FCRA, 15
U.S.C. 1681-1681u, at the Federal Trade Commission's web site (http://www.ftc.gov).
The FCRA gives you specific rights, as outlined below. You may have additional rights
under state law. You may contact a state or local consumer protection agency or
a state attorney general to learn those rights.
• You must be told if information in your file has been used against you.
Anyone who uses information from a CRA to take action against you -- such as denying
an application for credit, insurance, or employment -- must tell you, and give you
the name, address, and phone number of the CRA that provided the consumer report.
• You can find out what is in your file. At your request, a CRA
must give you the information in your file, and a list of everyone who has requested
it recently. There is no charge for the report if a person has taken action against
you because of information supplied by the CRA, if you request the report within
60 days of receiving notice of the action. You also are entitled to one free report
every twelve months upon request if you certify that (1) you are unemployed and
plan to seek employment within 60 days, (2) you are on welfare, or (3) your report
is inaccurate due to fraud. Otherwise, a CRA may charge you up to eight dollars.
• You can dispute inaccurate information with the CRA. If you tell
a CRA that your file contains inaccurate information, the CRA must investigate the
items (usually within 30 days) by presenting to its information source all relevant
evidence you submit, unless your dispute is frivolous. The source must review your
evidence and report its findings to the CRA. (The source also must advise national
CRAs -- to which it has provided the data -- of any error.) The CRA must give you
a written report of the investigation and a copy of your report if the investigation
results in any change. If the CRA's investigation does not resolve the dispute,
you may add a brief statement to your file. The CRA must normally include a summary
of your statement in future reports. If an item is deleted or a dispute statement
is filed, you may ask that anyone who has recently received your report be notified
of the change.
• Inaccurate information must be corrected or deleted. A CRA must
remove or correct inaccurate or unverified information from its files, usually within
30 days after you dispute it. However, the CRA is not required to remove accurate
data from your file unless it is outdated (as described below) or cannot be verified.
If your dispute results in any change to your report, the CRA cannot reinsert
into your file a disputed item unless the information source verifies its accuracy
and completeness. In addition, the CRA must give you a written notice telling you
it has reinserted the item. The notice must include the name, address and phone
number of the information source.
• You can dispute inaccurate items with the source of the information.
If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute
an item, they may not then report the information to a CRA without including a notice
of your dispute. In addition, once you've notified the source of the error in writing,
it may not continue to report the information if it is, in fact, an error.
• Outdated information may not be reported. In most cases, a CRA
may not report negative information that is more than seven years old; ten years
• Access to your file is limited. A CRA may provide information
about you only to people with a need recognized by the FCRA -- usually to consider
an application with a creditor, insurer, employer, landlord, or other business.
• Your consent is required for reports that are provided to employers, or reports
that contain medical information. A CRA may not give out information
about you to your employer, or prospective employer, without your written consent.
A CRA may not report medical information about you to creditors, insurers, or employers
without your permission.
• You may seek damages from violators. If a CRA, a user or (in
some cases) a provider of CRA data, violates the FCRA, you may sue them in state
or federal court.
The FCRA gives several different federal agencies authority to enforce the FCRA:
CRAs, creditors and others not listed below
Federal Trade Commission
Consumer Response Center - FCRA
Washington, DC 20580
National banks, federal branches/agencies of foreign banks (word "National"
or initials "N.A." appear in or after bank's name)
Office of the Comptroller of the Currency Compliance Management, Mail Stop 6-6
Washington, DC 20219
Federal Reserve System member banks (except national banks, and federal
branches/agencies of foreign banks)
Federal Reserve Board
Division of Consumer & Community Affairs
Washington, DC 20551
Savings associations and federally chartered savings banks (word "Federal"
or initials "F.S.B." appear in federal institution's name)
Office of Thrift Supervision
Washington, DC 20552
Federal credit unions (words "Federal Credit Union" appear in institution's
National Credit Union Administration
1775 Duke Street
Alexandria, VA 22314
State-chartered banks that are not members of the Federal Reserve System
Federal Deposit Insurance Corporation
Division of Compliance & Consumer Affairs
Washington, DC 20429
Air, surface, or rail common carriers regulated by former Civil Aeronautics
Board or Interstate Commerce Commission
Department of Transportation
Office of Financial Management
Washington, DC 20590
Activities subject to the Packers and Stockyards Act, 1921
Department of Agriculture
Office of Deputy Administrator - GIPSA
Washington, DC 20250
** This overview is provided as a courtesy and is not intended as legal advice.
Please consult your legal counsel for additional information about the FCRA.