Tag Archive for credit reports

Credit Cards: Authorized Users & Obligation

Sarah had defaulted on her credit cards due to a prolonged job loss. Ultimately her credit was impacted and she was no longer able to keep going with the credit card payments. While she was considering filing for bankruptcy, her daughter went to purchase a new car. The dealership advised her that she was past due on 2 Chase credit cards. She had never opened any Chase accounts but remembered she was added on to her mother’s cards while in high school as an authroized user only. She would have paid much more in interest had the lender based their decision on her current credit score – which was impacted by the past due credit cards.

People often think that as an authorized user they are liable for the debt. This is not true. The authorized user never agreed to pay the card and is not legally bound. It’s a common problem — creditors reporting the default to the AU’s credit reports. If this has happened to you, contact the credit bureaus and advise them (in writing) that you were only an authorized user  (not a second account holder) on the cards and they should not be reported in default on your credit reports. A creditor cannot hold your credit reports hostage in an attempt to illicit payment. A legal contract was never entered into with authorized users and should not be penalized for the default.

It’s also important not to use the card anymore if it is delinquent. Often, the limit is already cut off if the card is past due, but if its not, don’t take it as a license to keep charging.

An authorized user is not the same as a legal cardholder who signed a contract to repay the loan.

Free Credit Scores for People Denied Credit – Considered Risky

As of today, the new Consumer Finance Protection Bureau is in full swing. The bureau was created to offer more protection, accountability and transparency by lenders and credit related companies. Part of the Dodd- Frank Financial overhaul has created a new rule to give consumers access to their credit score if they are denied a loan or are forced to pay higher interest rates because they are considered risky.

Most people already know by now that they are entiled to a free credit report via annualcreditreport.com but that may not give a full picture of your financial fitness. Having access to the credit score and credit report will give people more complete information as to where they stand.  Credit scores range from 400 to 850 and a person who knows their score can work to improve it. Having access to the complete picture will allow consumers to better manage their credit and work on resolving errors or issues that may have affected their credit score. Existing reports (from PIRG) have already shown us that credit reports contain errors – many serious enough to derail a loan.

The purpose of the new CFPB is to support issues along side the FTC for consumer lending. The FTC receives complaints from consumers about issues ranging from credit repair scams to collection agency abuse. The CFPB will have the authority to actually make changes in the industry to further protect consumers. One change we are hoping to see is a new standard for collection agencies. By having a universal standard that collection agencies must follow, more people will be protected from abuse and harassment.

You can read more about the new CFPB as well as the free credit scores at Bloomberg.

FTC Withdraws Outdated FCRA Commentary

FTC Issues Report: “Forty Years of Experience with the Fair Credit Reporting Act”

The Federal Trade Commission today issued a staff report, that compiles and updates the agency’s guidance on the Fair Credit Reporting Act (FCRA), the 1970 law designed to protect the privacy of credit report information and ensure that the information supplied by credit reporting agencies is as accurate as possible. A credit report contains information about a consumer’s personal and credit characteristics, character, and general reputation and is used to make credit, employment, insurance and other decisions.

The new staff report, entitled “Forty Years of Experience with the Fair Credit Reporting Act: An FTC Staff Report and Summary of Interpretations,” provides a brief overview of the FTC’s role in enforcing and interpreting the FCRA and includes a section-by-section summary of the agency’s interpretations of the Act.

The FTC is also withdrawing the agency’s 1990 Commentary on the FCRA, which has become partially obsolete since it was issued 21 years ago. The 1990 Commentary was comprised of a series of FTC statements about how it would enforce the various provisions of the FCRA. Since 1990, the FRCA has been updated several times, most significantly by the Consumer Credit Reporting Reform Act of 1996 and the Fair and Accurate Credit Transactions Act of 2003, known as the FACT Act. Both updates expanded the provisions of the FCRA.

The new staff report deletes several FTC interpretations in the 1990 Commentary that have since been repealed, amended, or have become obsolete or outdated. It also modifies some interpretations in the 1990 Commentary, and adds several interpretations reflecting changes that Congress has made to the FCRA over the years, rules issued by the FTC and other agencies under the FACT Act, statements in numerous staff opinion letters, and the staff’s experience from significant enforcement actions.

Recent legislation has transferred the authority to issue interpretive guidance under the FCRA to the Consumer Financial Protection Bureau (CFPB). Withdrawing the 1990 Commentary now will ensure that this obsolete document does not transfer to the CFPB

New Bill Looks to Erase Medical Collections from Credit Reports

Medical debts that go unpaid land on your credit reports and directly impact your credit score. A new bill is looking for support from both party lines that would help eliminate medical collection accounts from a person’s credit report. The bill would apply to medical debts under 2500.00, and if settled or paid - would be completely expunged from your credit reports. Certainly a motivation to pay it, right? But wait. Not everyone is happy about this proposed change.

Supporters and detractors on both sides of the credit industry fence have plenty to say about it. Some advocates of the bill feel its a move in the right direction because, as one mortgage lender who proposed the bill said, 40% of his applicants had medical collections — and people don’t choose to get sick. On the other hand, some feel it would water down the credit analysis of a person and cause higher rates across the board for the rest of us who have good credit. In essence, hiding that person’s risk factor by erasing the collections.

Today, medical debt that has been turned over to collection agencies can  remain on a person’s credit report for up to seven years, even if the debt eventually gets paid or settled for less than the full amount. That can hurt the  person’s ability to get a home, car or other loan.

 

“This is single-handedly holding our economy back,” say Rodney Anderson, a  Texas mortgage banker who personally hired lobbyists to get a bill sponsored  after discovering that more than 40 percent of the people who applied for  mortgages with his company had medical debt on their credit reports. Many of  these debts were $100 or less but often caused a steep drop in an applicant’s credit score.

 

Sponsors of the bill say medical debt is unlike other debt because people  don’t choose to get sick or injured. They add that many medical debts reported to collection are the result of billing errors and insurance disputes.

On the other hand;

John Ulzheimer, president of consumer education for SmartCredit.com, opposes  the bill because it would further erode the integrity of the nation’s  credit-reporting and -scoring system, to the detriment of lenders and of  borrowers who pay their debts on time.

 

He notes that in February, the Internal Revenue Service announced that it  would remove tax liens from people’s credit reports, upon request, if they pay their federal tax debt in full or enter into a direct debit installment  agreement.

 

“Eventually the only thing that’s going to be left on your credit report is  your name,” Ulzheimer says.

 

This will hurt responsible consumers, he says, because “if you give me 10 people and one is risky, but you have watered down the tool I use to assess  risk, I’m going to charge everyone a higher interest rate. How is that fair for the nine others who are not going to default?”

The majority of medical debts that land in collections are often caused by erroneous medical billing and errors on the part of the medical field – not the consumer’s refusal to pay – although there are plenty of both. People who have spotless credit suddenly find themselves with a medical collection ding – and often with no warning. If a person had a percentage of their medical bill that went unpaid or was not covered by their insurance plan and the person has since relocated, the debt could go straight to their credit reports without their knowledge. Those are the people this bill would help protect but what about those who simply don’t pay their medical bills. Is erasing it for them fair –  and how do you determine who had good faith and who didn’t?

While there is probably plenty of details to still be worked out, having some lenience with medical collections could work out great for everyone involved if it motivated more people to pay their share and caused the insurance industry to set tighter standards to avoid billing errors in the first place. Unlike credit cards, people don’t choose to open a medical debt so it makes sense to have some exceptions for those — especially since they seem to be one of the biggest problems in affecting people’s ability to secure a home or auto loan.

The latest FICO scoring algorithm already dismisses medical bills under $100.00 from its equation but not everyone uses that latest version, so its still a big problem. A bill would set standards on how the debts are treated just as the FDCPA sets standards for bill collectors. Perhaps a Fair Medical Billing Act would be precisely whats needed.

One also has to wonder how this type of change will affect the collectors and their ability/desire to settle debts for less. Would they hold out for more money because they know you want that deletion oh, so bad. Would they increase their collection efforts (more aggressive) within that first 30 days to to use the record deletion offer as a tool? Would this cause more VOD violations?

As the article points out, the IRS announced in February that they will remove (Federal) tax liens from a person’s credit report [at their request] if they pay the debt, so is this trend of paying and deleting - just putting lipstick on the pig.  Prettying up an ugly credit report. Is that fair to lenders? We’ll have to wait and see but one thing is for sure – we can bet it will continue to be heavily debated by the credit industry and consumers.