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Report Advice


UNDERSTANDING THE FAIR CREDIT REPORTING ACT

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9 min read
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Through December 31, 2023, Experian, TransUnion and Equifax will offer all U.S.
consumers free weekly credit reports through AnnualCreditReport.com to help you
protect your financial health during the sudden and unprecedented hardship
caused by COVID-19.

IN THIS ARTICLE:

 * What Is the Purpose of the Fair Credit Reporting Act?
 * How Does the FCRA Help Consumers?
 * A Summary of Your Rights under the Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) is a federal law that helps to ensure the
accuracy, fairness and privacy of the information in consumer credit bureau
files. The law regulates the way credit reporting agencies can collect, access,
use and share the data they collect in your consumer reports.


WHAT IS THE PURPOSE OF THE FAIR CREDIT REPORTING ACT?

Passed in 1970, the FCRA helps consumers understand what actions they can take
in regard to the information in their credit reports. Information is being
gathered about consumers all the time: In addition to the three major consumer
credit bureaus (Experian, TransUnion and Equifax), there are other organizations
that may collect and use your information. For example, banks and credit unions
may use information from your credit history to determine whether to approve you
for a loan.

Why does it matter how information about your credit is used? Whenever you apply
for a credit card, a car loan, a mortgage loan or any other form of credit, the
issuing company checks your credit history to assess your creditworthiness. The
terms you are offered for credit (such as a loan) may be based in part on your
credit score and information in your credit report.

Your credit history affects more than just your ability to get loans or the
annual percentage rate (APR) on your credit cards. For instance, prospective
landlords could check your credit report to see how creditworthy you are when
deciding whether they can trust you to pay your rent on time.

In some states, employers may check your credit report for hiring purposes.
Also, depending on the state, insurance companies may check your credit to
determine whether to offer you coverage.



HOW DOES THE FCRA HELP CONSUMERS?

The FCRA helps protect you by regulating how information in your consumer report
can be used and accessed. Here's an overview of the key aspects of the law.

 * The FCRA gives you the right to be told if information in your credit file is
   used against you to deny your application for credit, employment or
   insurance.
 * The FCRA also gives you the right to request and access all the information a
   consumer reporting agency has about you (this is called "file disclosure").
   You can get one free file disclosure every 12 months from each national
   credit bureau by going to AnnualCreditReport.com.
 * The FCRA gives you access to your credit report but restricts others' access.
   In general, access is limited to people with a "permissible purpose," such as
   landlords, creditors and insurance companies. If an employer wants to see
   your credit report, you must give written consent; employers must meet other
   requirements as well, and not all states allow employers to pull credit
   reports as part of an applicant's background check.
 * If you find what you believe to be inaccurate or incomplete information on
   your credit report, you have the right to dispute it. The credit bureau will
   then contact the data furnisher to confirm whether the information is
   correct. If it's not, the credit bureau will either correct it or remove it
   within a certain time period. Accurate negative information, such as
   bankruptcies and late payments, will be removed after a certain time period.
 * The FCRA gives you the option to opt out of the pre-screened offers of credit
   you receive.
 * Finally, the FCRA gives you the ability to put a security freeze on your
   credit report, which ensures that potential lenders cannot check your credit
   report without you first lifting the freeze or providing the specific lender
   with a one-time PIN to access your credit report.

See a more detailed summary of the FCRA below or visit
consumerfinance.gov/learnmore/ for more information. Keep in mind that in
addition to the FCRA laws, some states have their own laws regulating consumer
credit reporting; you'll find that information below under "Notification of
Rights."

Para informacion en espanol, visite www.consumerfinance.gov/learnmore o escribe
a la Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, D.C.
20552.



A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness,
and privacy of information in the files of consumer reporting agencies. There
are many types of consumer reporting agencies, including credit bureaus and
specialty agencies (such as agencies that sell information about check writing
histories, medical records, and rental history records). Here is a summary of
your major rights under the FCRA. For more information, including information
about additional rights, go to www.consumerfinance.gov/learnmore or write to:
Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, D.C.
20552.

You must be told if information in your file has been used against you. Anyone
who uses a credit report or another type of consumer report to deny your
application for credit, insurance, or employment - or to take another adverse
action against you - must tell you, and must give you the name, address, and
phone number of the agency that provided the information.

You have the right to know what is in your file. You may request and obtain all
the information about you in the files of a consumer reporting agency (your
"file disclosure"). You will be required to provide proper identification, which
may include your Social Security number. In many cases, the disclosure will be
free. You are entitled to a free file disclosure if:

 * a person has taken adverse action against you because of information in your
   credit report;
 * you are the victim of identity theft and place a fraud alert in your file;
 * your file contains inaccurate information as a result of fraud;
 * you are on public assistance;
 * you are unemployed but expect to apply for employment within 60 days.

In addition, all consumers are entitled to one free disclosure every 12 months
upon request from each nationwide credit bureau and from nationwide specialty
consumer reporting agencies. See www.consumerfinance.gov/learnmore for
additional information.

You have the right to ask for a credit score. Credit scores are numerical
summaries of your creditworthiness based on information from credit bureaus. You
may request a credit score from consumer reporting agencies that create scores
or distribute scores used in residential real property loans, but you will have
to pay for it. In some mortgage transactions, you will receive credit score
information for free from the mortgage lender.

You have the right to dispute incomplete or inaccurate information. If you
identify information in your file that is incomplete or inaccurate, and report
it to the consumer reporting agency, the agency must investigate unless your
dispute is frivolous. See www.consumerfinance.gov/learnmore for an explanation
of dispute procedures.

Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete or unverifiable information
must be removed or corrected, usually within 30 days. However, a consumer
reporting agency may continue to report information it has verified as accurate.

Consumer reporting agencies may not report outdated negative information. In
most cases, a consumer reporting agency may not report negative information that
is more than seven years old, or bankruptcies that are more than 10 years old.

Access to your file is limited. A consumer reporting agency may provide
information about you only to people with a valid need -- usually to consider an
application with a creditor, insurer, employer, landlord, or other business. The
FCRA specifies those with a valid need for access.

You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a
potential employer, without your written consent given to the employer. Written
consent generally is not required in the trucking industry. For more
information, go to www.consumerfinance.gov/learnmore.

You may limit "prescreened" offers of credit and insurance you get based on
information in your credit report. Unsolicited "prescreened" offers for credit
and insurance must include a toll-free phone number you can call if you choose
to remove your name and address from the lists these offers are based on. You
may opt-out with the nationwide credit bureaus at 1 888 5OPTOUT (1 888 567
8688).

You may seek damages from violators. If a consumer reporting agency, or, in some
cases, a user of consumer reports or a furnisher of information to a consumer
reporting agency violates the FCRA, you may be able to sue in state or federal
court.

Identity theft victims and active duty military personnel have additional
rights. For more Information, visit www.consumerfinance.gov/learnmore.

Consumers Have The Right To Obtain A Security Freeze

You have a right to place a ‘security freeze' on your credit report, which will
prohibit a consumer reporting agency from releasing information in your credit
report without your express authorization. The security freeze is designed to
prevent credit, loans, and services from being approved in your name without
your consent. However, you should be aware that using a security freeze to take
control over who gets access to the personal and financial information in your
credit report may delay, interfere with, or prohibit the timely approval of any
subsequent request or application you make regarding a new loan, credit,
mortgage, or any other account involving the extension of credit.

As an alternative to a security freeze, you have the right to place an initial
or extended fraud alert on your credit file at no cost. An initial fraud alert
is a 1-year alert that is placed on a consumer's credit file. Upon seeing a
fraud alert display on a consumer's credit file, a business is required to take
steps to verify the consumer's identity before extending new credit. If you are
a victim of identity theft, you are entitled to an extended fraud alert, which
is a fraud alert lasting 7 years.

A security freeze does not apply to a person or entity, or its affiliates, or
collection agencies acting on behalf of the person or entity, with which you
have an existing account that requests information in your credit report for the
purposes of reviewing or collecting the account. Reviewing the account includes
activities related to account maintenance, monitoring, credit line increases,
and account upgrades and enhancements.

States may enforce the FCRA, and many states have their own consumer reporting
laws. In some cases, you may have more rights under state law. For more
information, contact your state or local consumer protection agency or your
state Attorney General. For more information about your federal rights, contact:

FOR QUESTIONS OR CONCERNS REGARDING:PLEASE CONTACT:1.a. Banks, savings
associations, and credit unions with total assets of over $10 billion and their
affiliates.



b. Such affiliates that are not banks, savings associations, or credit unions
also should list in addition to the Bureau:

a. Bureau of Consumer Financial Protection
1700 G Street NW
Washington, DC 20552



b. Federal Trade Commission: Consumer Response Center — FCRA
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
(877) 382-4357

2. To the extent not included in item 1 above:



a. National banks, federal savings associations, and federal branches and
federal agencies of foreign banks

b. State member banks, branches and agencies of foreign banks (other than
federal branches, federal agencies, and insured state branches of foreign
banks), commercial lending companies owned or controlled by foreign banks, and
organizations operating under section 25 or 25A of the Federal Reserve Act

c. Nonmember Insured banks, Insured State Branches of Foreign Banks, and insured
state savings associations

d. Federal Credit Unions

a. Office of the Comptroller of the Currency
Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050b. Federal Reserve Consumer Help Center
PO Box 1200
Minneapolis, MN 55480



c. FDIC Consumer Response Center
1100 Walnut Street, Box #11
Kansas City, MO 64106

d. National Credit Union Administration
Office of Consumer Protection (OCP)
Division of Consumer Compliance and Outreach (DCCO)
1775 Duke Street
Alexandria, VA 22314

3. Air carriersAsst. General Counsel for Aviation Enforcement & Proceedings
Aviation Consumer Protection Division
Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 205904. Creditors Subject to Surface Transportation BoardOffice
of Proceedings, Surface Transportation Board
Department of Transportation
395 E Street, SW
Washington, DC 204235. Creditors Subject to Packers and Stockyards ActNearest
Packers and Stockyards Administration area supervisor6. Small Business
Investment CompaniesAssociate Deputy Administrator for Capital Access
United States Small Business Administration
409 Third Street, SW, 8th Floor
Washington, DC 204167. Brokers and DealersSecurities and Exchange Commission
100 F St NE
Washington, DC 205498. Federal Land Banks, Federal Land Bank Associations,
Federal Intermediate Credit Banks, and Production Credit AssociationsFarm Credit
Administration
1501 Farm Credit Drive
McLean, VA 22102-50909. Retailers, Finance Companies, and All Other Creditors
Not Listed AboveFTC Regional Office for region in which the creditor operates or
Federal Trade Commission: Consumer Response Center - FCRA
600 Pennsylvania Avenue, N.W.
Washington, DC 20580
(877) 382-4357

NOTIFICATION OF RIGHTS

 * Notification of Rights for California Consumers
 * Notification of Rights for Colorado Consumers
 * Notification of Rights for Connecticut Consumers
 * Notification of Rights for Maryland Consumers
 * Notification of Rights for Massachusetts Consumers
 * Notification of Rights for Texas Consumers
 * Notification of Rights for Vermont Consumers
 * Notification of Rights for Washington Consumers

The purpose of this question submission tool is to provide general education on
credit reporting. The Ask Experian team cannot respond to each question
individually. However, if your question is of interest to a wide audience of
consumers, the Experian team may include it in a future post and may also share
responses in its social media outreach. If you have a question, others likely
have the same question, too. By sharing your questions and our answers, we can
help others as well.

Personal credit report disputes cannot be submitted through Ask Experian. To
dispute information in your personal credit report, simply follow the
instructions provided with it. Your personal credit report includes appropriate
contact information including a website address, toll-free telephone number and
mailing address.

To submit a dispute online visit Experian's Dispute Center. If you have a
current copy of your personal credit report, simply enter the report number
where indicated, and follow the instructions provided. If you do not have a
current personal report, Experian will provide a free copy when you submit the
information requested. Additionally, you may obtain a free copy of your report
once a week through December 31, 2022 at AnnualCreditReport.

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   * Understanding Your Experian Credit Report

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   * Identity Theft Victim Assistance
   * Steps to Take if You Are a Victim of Credit Card Fraud
   * What Is Identity Theft and How Do I Make Sure It Doesn’t Happen to Me?

 * Improve Credit
   * How to Improve Your Credit Score
   * What is a Credit Utilization Rate?
   * How to Build Credit

 * Personal Finance
   * How to Get Out of Debt
   * A Debt Management Plan: Is It Right for You?
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 * Calculators
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