Consumer Credit Rights
FAIR AND ACCURATE CREDIT TRANSACTIONS (FACTA)
This Act, amending the Fair Credit Reporting Act (FCRA), adds provisions designed to improve the accuracy of consumers’ credit-related records. It gives consumers the right to one free credit report a year from the credit reporting agencies, and consumers may also purchase, for a reasonable fee, a credit score along with information about how the credit score is calculated. The Act also requires the provision of “risk-based-pricing” notices and credit scores to consumers in connection with denials or less favorable offers of credit. The Act also adds provisions designed to prevent and mitigate identity theft, including a section that enables consumers to place fraud alerts in their credit files, as well as other enhancements to the Fair Credit Reporting Act. Certain provisions related to data security (“red flags” of possible identity theft) were amended by the Red Flag Program Clarification Act of 2010, Pub. L. 111-319, 124 Stat. 3457, to clarify and narrow the meaning of “creditor” for purposes of those provisions. The Dodd-Frank Act transferred most rulemaking and one ongoing study requirement under this Act to the Consumer Financial Protection Bureau, but the Commission retains responsibility for two data security rules (“red flags” and “disposal”) as well as all rulemaking under the Act relating to certain motor vehicle dealers.
To report credit fraud or request a free annual credit report please click the link to the FTC Consumer Advice
FAIR CREDIT REPORTING ACT (FCRA)
Consumers have the right to know what is being reported to their credit file. The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. Consumers may dispute inaccurate information being reported as well as seek damages from violators. When purchasing a home, consumers can lock their credit file access to prevent unwanted inquiries. For a summary of your consumer rights, you can download this pdf A Summary of Your Rights Under the Fair Credit Reporting Act or visit https://www.ftc.gov/legal-library/browse/statutes/fair-credit-reporting-act
FAIR CREDIT BILLING ACT (FCBA)
This Act, amending the Truth in Lending Act, requires prompt written acknowledgment of consumer billing complaints and investigation of billing errors by creditors. The amendment prohibits creditors from taking actions that adversely affect the consumer’s credit standing until an investigation is completed, and affords other protection during disputes. The amendment also requires that creditors promptly post payments to the consumer’s account, and either refund overpayments or credit them to the consumer’s account. Disputes are sent via email within 60 days of the date on the credit card statement. Creditors has 30 days to acknowledge the letter, and 90 days to research and dispute. Creditors must send billing statements at least 14 days before payments are due. For more information, please visit https://www.ftc.gov/legal-library/browse/statutes/fair-credit-billing-act