How
to Dispute Credit Report Errors
March 1999
Your credit report--a
type of consumer report--contains information about where you work and live and how you
pay your bills. It also may show whether you've 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's important that the information in your
report is complete and accurate.
Some financial advisors suggest that you periodically review your
credit report for inaccuracies or omissions. This could be especially important if you're
considering making a major purchase, such as buying a home. Checking in advance on the
accuracy of information in your credit file could speed the credit-granting process.
Getting Your Credit Report
If you've 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 60 days of
receiving a denial notice, the report is free. In addition, you're entitled to one free
copy of your report a year if you certify in writing that (1) you're unemployed and plan
to look for a job within 60 days, (2) you're 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, P.O. Box 740241, Atlanta, GA 30374-0241;
(800) 685-1111.
- Experian (formerly TRW), P.O. Box 949, Allen, TX
75013; (800) 682-7654.
- Trans Union, 760 West Sproul Road, P.O. Box 390,
Springfield, PA 19064-0390; (800) 916-8800.
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 responsibilities 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.
First, tell the CRA in writing what information you believe is
inaccurate. Include copies (NOT originals) of documents that support your position. In
addition to providing your complete name and address, your letter should clearly identify
each item in your report you dispute, state the facts and explain why you dispute the
information, and request deletion or correction. You may want to enclose a copy of your
report with the items in question circled. Send your letter by certified mail, return
receipt requested, so you can document what the CRA received. Keep copies of your dispute
letter and enclosures.
CRAs must reinvestigate the items in question--usually within 30
days--unless they consider your dispute frivolous. They also must forward all relevant
data you provide about the dispute to the information provider. After the information
provider receives notice of a dispute from the CRA, it must investigate, review all
relevant information provided by the CRA, and report the results to the CRA. 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. l Disputed information
that cannot be verified must be deleted from your file.
- If your report contains erroneous information, the CRA must
correct it.
- 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're current.
- If your file shows an account that belongs only to another person,
the CRA must delete it.
When the reinvestigation is complete, the CRA must give you the
written results and a free copy of your report if the dispute results in a change. 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.
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. If a reinvestigation does not resolve your dispute, ask the
CRA to include your statement of the dispute in your file and in future reports.
Second, 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. Accurate Negative Information 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 7 years.
There are certain exceptions:
- Information about criminal convictions may be reported without any
time limitation.
- Bankruptcy information may be reported for 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 years or until the statute of limitations runs out, whichever is
longer. Criminal convictions can be reported without any time limit.
Adding Accounts to Your File
Your credit file may not reflect all your credit accounts. Although most national
department store and all-purpose bank credit card accounts will be included in your file,
not all creditors supply information to CRAs: Some travel, entertainment, gasoline card
companies, local retailers, and credit unions are among those creditors that don't. If
you've been told you were denied credit because of an "insufficient credit file"
or "no credit file" and you have accounts with creditors that don't appear in
your credit file, ask the CRA to add this information to future reports. Although they are
not required to do so, many CRAs will add verifiable accounts for a fee. You should,
however, understand that if these creditors do not report to the CRA on a regular basis,
these added items will not be updated in your file. |