Appendix A to Part
601
Prescribed Summary of
Consumer Rights
The prescribed form for this summary is as a
separate document, on paper no smaller than 8x11 inches in size, with text
no less than 12-point type (8-point for the chart of federal agencies), in
bold or capital letters as indicated. The form in this appendix prescribes
both the content and the sequence of items in the required summary. A
summary may accurately reflect changes in numerical items that change over
time (e.g., dollar mounts, or phone numbers and addresses of federal
agencies), and remain in compliance.
A Summary of Your
Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FCRA) is
designed to promote accuracy, fairness, and privacy of information in the
files of every "consumer reporting agency" (CRA). Most CRAs are credit
bureaus that gather and sell information about you -- such as if you pay
your bills on time or have filed bankruptcy -- to creditors, employers,
landlords, and other businesses. You can find the complete text of the
FCRA, 15 U.S.C. 1681-1681u, at the Federal Trade Commission's web site
(http://www.ftc.gov). The FCRA gives you specific rights, as
outlined below. You may have additional rights under state law. You may
contact a state or local consumer protection agency or a state attorney
general to learn those rights.
- You must be told if information in
your file has been used against you. Anyone who uses
information from a CRA to take action against you -- such as denying an
application for credit, insurance, or employment -- must tell you, and
give you the name, address, and phone number of the CRA that provided
the consumer report.
- You can find out what is in your
file. At your request, a CRA must give you the information in
your file, and a list of everyone who has requested it recently. There
is no charge for the report if a person has taken action against you
because of information supplied by the CRA, if you request the report
within 60 days of receiving notice of the action. You also are entitled
to one free report every twelve months upon request if you certify that
(1) you are unemployed and plan to seek employment within 60 days, (2)
you are on welfare, or (3) your report is inaccurate due to fraud.
Otherwise, a CRA may charge you up to eight dollars.
- You can dispute inaccurate
information with the CRA. If you tell a CRA that your file
contains inaccurate information, the CRA must investigate the items
(usually within 30 days) by presenting to its information source all
relevant evidence you submit, unless your dispute is frivolous. The
source must review your evidence and report its findings to the CRA.
(The source also must advise national CRAs -- to which it has provided
the data -- of any error.) The CRA must give you a written report of the
investigation, and a copy of your report if the investigation results in
any change. 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. 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 (as described below)
or cannot be verified. If your dispute results in any change to
your report, the CRA cannot reinsert into your file a disputed item
unless the information source verifies its accuracy and completeness. In
addition, the CRA must give you a written notice telling you it has
reinserted the item. The notice must include the name, address and phone
number of the information source.
- You can dispute inaccurate items
with the source of the information. If you tell anyone -- such
as a creditor who reports to a CRA -- that you dispute an item, they may
not then report the information to a CRA without including a notice of
your dispute. In addition, once you've notified the source of the error
in writing, it may not continue to report the information if it is, in
fact, an error.
- 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.
- Access to your file is
limited. A CRA may provide information about you only to people
with a need recognized by the FCRA -- usually to consider an application
with a creditor, insurer, employer, landlord, or other business.
- 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 choose to exclude your name
from CRA lists for unsolicited credit and insurance offers.
Creditors and insurers may use file information as the basis for sending
you unsolicited offers of credit or insurance. Such offers must include
a toll-free phone number for you to call if you want your name and
address removed from future lists. If you call, you must be kept off the
lists for two years. If you request, complete, and return the CRA form
provided for this purpose, you must be taken off the lists
indefinitely.
- You may seek damages from violators.
If a CRA, a user or (in some cases) a provider of CRA data,
violates the FCRA, you may sue them in state or federal court.
The FCRA gives several different federal
agencies authority to enforce the FCRA:
FOR
QUESTIONS OR CONCERNS REGARDING: |
PLEASE
CONTACT: |
CRAs, creditors
and others not listed below |
Federal Trade
Commission Consumer Response Center - FCRA Washington, DC
20580 1-877-382-4367
(Toll-Free) |
National banks,
federal branches/agencies of foreign banks (word "National" or
initials "N.A." appear in or after bank's name) |
Office of the
Comptroller of the Currency Compliance Management, Mail Stop 6-6
Washington, DC 20219 800-613-6743 |
Federal Reserve
System member banks (except national banks, and federal
branches/agencies of foreign banks) |
Federal Reserve
Board Division of Consumer & Community Affairs
Washington, DC 20551 202-452-3693 |
Savings
associations and federally chartered savings banks (word "Federal"
or initials "F.S.B." appear in federal institution's name) |
Office of Thrift
Supervision Consumer Programs Washington, DC
20552 800-842-6929 |
Federal credit
unions (words "Federal Credit Union" appear in institution's
name) |
National Credit
Union Administration 1775 Duke Street Alexandria, VA 22314
703-518-6360 |
State-chartered
banks that are not members of the Federal Reserve System |
Federal Deposit
Insurance Corporation Division of Compliance & Consumer
Affairs Washington, DC 20429 800-934-FDIC |
Air, surface, or
rail common carriers regulated by former Civil Aeronautics Board or
Interstate Commerce Commission |
Department of
Transportation Office of Financial Management Washington, DC
20590 202-366-1306 |
Activities
subject to the Packers and Stockyards Act, 1921 |
Department of
Agriculture Office of Deputy Administrator - GIPSA
Washington, DC
20250 202-720-7051 | |