Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) as amended by PL-104-208 is designed to promote accuracy, fairness and privacy of information in the files of every “consumer reporting agency” (CRA).  Most CSA’s are credit bureaus who gather and sell information about you to creditors, employers and other businesses.  Other CRA’s are companies who gather and provide certain background information on you to companies for employment purposes such as employment consideration, retention and promotion.  In the event such a report concerning you is procured for employment purposes, the FCRA gives you certain rights which are outlined below.  A complete text of the FCRA, 15USC 1681-1681u, Public Law 104-208 is available at the Federal Trade Commission’s Web Site (http://www.ftc.gov).  You may also have additional rights under state law and you may wish to contact a state or local consumer agency or a state attorney general to learn these rights.

* It must be disclosed to you in writing when a consumer report is ordered for employment purposes.  (This disclosure is usually in the form of a notification/release type document).

* You must be provided a copy of the report as well as a summary of your rights before any adverse action(s) is taken against you as a result of information contained in the report.  All information is releasable to you except the names/titles of specific individuals who may have provided information concerning you.

* You must be provided with the name, address and telephone number of the CRA.  If you believe that information in your file is in inaccurate, you have the right to call the CRA and request a re-investigation of information based on information provided by you, unless your dispute is frivolous.  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.  If you inform a CRA that your file contains inaccurate information, the CRA must investigate the items in question. 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  However, the CRA is not required to remove accurate data from your file unless it is outdated or cannot be verified. If the CRA’s investigation does not resolve the dispute, you may add a brief statement to your file. The CRA must include a summary of your statement in future reports.

* 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 for bankruptcies.

* 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 for violations.  If a CRA user or (in some cases) a provider of CRA data, violates the FCRA, you may sue them in state or federal court.

The FCRA provides several different federal agencies authority to enforce the FCRA. Please see the list below.

For questions or concerns regarding:                                  

Please contact:

CRAs, Creditors and others not listed                                      
Federal Trade Commission

                                                                                               Consumer Response Center-FRCA
Washington, DC  20580     (202) 326-3761

National banks, federal branches/agencies                               
Office of the Comptroller of the Currency

of foreign banks (National or NA appear in                             
Compliance Management, Mail Stop 6-6

or after bank’s name)                                                              Washington, DC  20219    (800) 613-6743

Federal Reserve System member banks                                   
Federal Reserve Board

(except national banks and federal                                           
Div. of Consumer & Community Affairs

branches/agencies of foreign banks)                                         Washington, DC  20551  (202) 452-3693

Savings associations and federally chartered                             
Office of Thrift Supervision

savings banks (the word “Federal” or initials                            
Consumer Programs

“FSB” appear in the institution’s name                                     Washington, DC  20552  (800) 842-6929

Federal credit unions (words “Federal Credit                           
National Credit Union Administration

Union” appear in institution’s name                                          
1775 Duke St.

                                                                                               Alexandria, VA  22314  (703) 518-6360

State chartered banks that are not members                             
Federal Deposit Insurance Corporation

of the Federal Reserve System                                                
Division of Compliance & Consumer Affairs

                                                                                               Washington, DC  20429  (800) 934-FDIC

Air, surface or rail common carriers                                         
Department of Transportation

regulated by former Civil Aeronautics                                      
Office of Finance Management

Board or Interstate Commerce Commission                             
Washington, DC  20590  (202) 366-1306

Activities subject to the Packers and                                        Department of Agriculture

Stockyards Act, 1921                                                             
Office of Deputy Administrator-GIPSA

                                                                                               Washington, DC  20250  (202) 720-7051

For more information or for clarification of any issue, it is suggested that you contact the FCRA in question, the Federal Trade Commission, your state or local consumer protection agency or your legal counsel.