Home> Credit
Library
HOW TO REPAIR YOUR CREDIT
USING THE FCRA
The Fair
Credit Reporting Act is long and tedious to read and usually
consumers give up reading it and are often left to wonder how it
protects them. The important thing to remember is that only a few
sections and subsections are important to thwart off inaccurate
credit reporting. All credit repair efforts should always
begin with the foundation of the FCRA. It is the brass in your knuckles
because it's law. No one can argue with a federal law that is in
place to protect you. It is the intricate details of the FCRA like
the running of time that should support credit repair efforts.
Below is a snapshot of the FCRA and how it protects
you.
The Fair Credit Reporting Act: (this
is all you really need to read)
Sec. 1681c. - Requirements relating to information
contained in consumer reports
-Information excluded from consumer reports
-Exempted cases
-Running of reporting period
-Information required to be disclosed:
-Indication of closure of account by consumer:
-Indication of dispute by consumer:
-Information excluded from consumer reports
Except as authorized under subsection (b) of this
section, no consumer reporting agency may make any consumer report
containing any of the following items of information:
(1) cases under title 11 or under the Bankruptcy
Act that, from the date of entry of the order for relief or the
date of adjudication, as the case may be, antedate the report by
more than 10 years.
(2) Civil suits, civil judgments, and records
of arrest that, from date of entry, antedate the report by more
than seven years or until the governing statute of limitations has
expired, whichever is the longer period.
(3) Paid tax liens which, from date of payment,
antedate the report by more than seven years.
(4) Accounts placed for collection or charged
to profit and loss which antedate the report by more than seven
years.
(5) Any other adverse item of information, other
than records of convictions of crimes which antedates the report
by more than seven years.
(b) Exempted cases ( means these instances are
exempt to ordinary reporting rules)
The provisions of subsection (a) of this section
are not applicable in the case of any consumer credit report to
be used in connection with -
(1) a credit transaction involving, or which may
reasonably be expected to involve, a principal amount of $150,000
or more;
(2) the underwriting of life insurance involving,
or which may reasonably be expected to involve, a face amount of
$150,000 or more; or
(3) the employment of any individual at an annual
salary which equals, or which may reasonably be expected to equal
$75,000, or more.
(c) Running of reporting
period (means how long items can stay on
your credit reports)
(1) In general, the 7-year
period referred to in paragraphs (4) and (6) of subsection (a)
of this section shall begin, with respect to any delinquent account
that is placed for collection (internally or by referral to a third
party, whichever is earlier), charged to profit and loss, or subjected
to any similar action, upon the expiration of the 180-day period
beginning on the date of the commencement of the delinquency
which immediately preceded the collection activity, charge to profit
and loss, or similar action.
(2) Effective date: Paragraph (1) shall apply
only to items of information added to the file of a consumer on
or after the date that is 455 days after September 30, 1996.
Interpretation:
This means that no matter how many times a collector tells you that
they can extend the reporting time of
7 years, that is false! The reporting time is determined
by the FCRA and is specifically stated as to how long an item that
is placed for collections or charged off can remain on your credit.
It is 7 years from the date it was charged
off or placed to collection, NOT DATE OF LAST PAYMENT OR
DATE ITEM WAS SOLD TO A THIRD PARTY DEBT COLLECTOR. See
this article for a full and detailed description of the 7 year rule
on bad accounts. This is extremely important to know before
you ever pay a debt collector
a dime. If your credit reports are not showing the item then you
may consider not paying it, or if it is still on your credit you
may consider trying to settle the
item in exchange for a better credit rating. Remember as well
that the SOL (statute of limitations) for
reporting a debt and collecting a debt are different.
(d) Information required to be disclosed:
(means what is required to be disclosed)
Any consumer reporting agency that furnishes a
consumer report that contains information regarding any case involving
the consumer that arises under title 11 shall include in the report
an identification of the chapter of such title 11 under which such
case arises if provided by the source of the information. If any
case arising or filed under title 11 is withdrawn by the consumer
before a final judgment, the consumer reporting agency shall include
in the report that such case or filing was withdrawn upon receipt
of documentation certifying such withdrawal.
(e) Indication of closure of account by consumer:
(means rules CRA to follow at your request)
If a consumer reporting agency is notified pursuant
to section 1681s-2(a)(4) of this title that a credit account of
a consumer was voluntarily closed by the consumer, the agency shall
indicate that fact in any consumer report that includes information
related to the account.
(f) Indication of dispute by consumer: (means
CRA must list dispute in progress)
If a consumer reporting agency is notified pursuant
to section 1681s-2(a)(3) of this title that information regarding
a consumer who [2] was furnished to the agency is disputed by the
consumer, the agency shall indicate that fact in each consumer report
that includes the disputed information.
Each one of these rules applies to how a credit
bureau disseminates and reports your information. If you are attempting
to repair
your credit, it is vital to review these rules and
apply them to your letters. Remember, all
letters need to be sent certified mail return receipt requested
and... keep records forever.
|