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1997-12-30
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Note from the PRIVACY Forum Moderator:
The following information has been provided to the PRIVACY Forum by the
Privacy Rights Clearinghouse (PRC). In some cases, the items have been
reformatted locally for online presentation. Index descriptions for
FTP/listserv/gopher access have been chosen locally. Other than such
formatting and index descriptions, all information below in this file is the
responsibility of the PRC, and any questions regarding that information
should be directed to the PRC at:
Phone: 619-298-3396 (800-773-7748 Calif. only)
Fax: 619-260-4753
E-mail: prc@teetot.acusd.edu..
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Privacy Rights Clearinghouse
Fact Sheet #6
How Private Is My Credit Report?
Credit reports are a gold mine of information about consumers.
They contain Social Security numbers, addresses, credit payment
status, employment, even legal information. To address concerns
about who has access to this potentially sensitive information,
California has passed a new law which enhances consumers' privacy
rights. The credit bureaus have also adopted voluntary guidelines
to improve consumer services.
What is in my credit report?
Your credit report is actually a credit history. It is created by
reports from many different sources. Firms which have granted you
credit make regular reports about your accounts to the credit
bureaus. If you are late in making payments, utilities,
hospitals, landlords and others to whom you owe money may report
this information to the credit bureaus. Your bank may also inform
the credit bureaus if you overdraw your account.
In addition, your credit report contains your name and any name
variations, your address, Social Security number and employment
information. Your legal record may also be included in your
credit report, including marriage, divorce, liens, bankruptcy and
other matters of public record.
Is there anything that cannot be in my credit report?
Certain pieces of personal information cannot be in your credit
report:
o Medical information (unless you give your consent).
o Adverse information, including bankruptcy, that is more
than 10 years old.
o Debts that are more than seven years old.
o If the report has been requested by a prospective or
current employer, information about age and marital
status cannot be included.
Who has access to my report?
Anyone with a "legitimate business need" can gain access to your
credit history, including:
o Those considering granting you credit.
o Landlords.
o Insurance companies.
o Employers and potential employers.
Some companies known as "super bureaus" buy credit reports in
bulk and then re-sell them. Super bureaus are regulated by credit
reporting laws and must tell the credit bureau who is the
ultimate recipient of the file. This is to make sure the report
is used for permissible purposes.
Your credit report is also used for marketing purposes. Credit
bureaus frequently release information from individual credit
files to companies that offer "pre-approved" credit cards or
other lines of credit. They also sell lists of names and
addresses to direct marketers. (See the Privacy Rights
Clearinghouse free fact sheet "Junk Mail: How Did They All Get My
Address?")
Federal and state laws provide consumers with these privacy
rights:
o A new California law (July 1993) requires credit
bureaus to allow you to "opt out" of pre-approved
credit and other marketing offers. The credit bureaus
must provide a toll-free number you can call to ask to
be removed from these lists. You may also notify the
credit bureaus in writing. To have your name removed
from lists sold to credit grantors and marketers,
contact the three major credit reporting companies as
follows:
o TRW Telephone: (800) 527-3933
Mail Preference Service, 901 N. International
Parkway, No. 191, Richardson TX 75081.
o Equifax Options Telephone: (800) 219-1251
Marketing Decision Systems, P.O. Box 740123,
Atlanta GA 30374-0123.
o TransUnion Telephone: (800) 851-2674
555 West Adams St., 8th Floor, Chicago IL 60661.
o If your credit report is used for employment purposes,
you must be notified in writing and offered a free copy
of your report.
o You have the right to know who has inquired about your
credit file or requested your report over the last six
months. The names of inquirers are listed on your
credit report.
How can I find out what is in my credit report?
At your request, credit bureaus must provide you with a copy of
your own credit report. You can obtain a copy of your credit
report by contacting each of the three major credit bureaus: TRW,
Equifax and TransUnion.
TRW will give you one free copy of your credit report per year.
There may be a fee for ordering your report from Equifax and
TransUnion. However, California law requires the charge to be no
more than $8. If you have been denied credit based on information
in your report, the credit bureau must provide you with a free
copy upon request.
To find out how to obtain a copy of your report call: o TRW
(800) 392-1122
o Equifax (800)
685-1111
o TransUnion (800)
851-2674
After the credit bureau receives your request, it must mail a
copy of your report to you within five working days.
How will I know if there is negative information in my report?
In the past if your credit report contained negative information,
you probably would not find out about it until you were turned
down for credit or ordered a copy of your report. Now, a new
state law requires that creditors tell you before putting
negative information into your file. After you have been
notified, however, the creditor may report additional negative
information about that transaction or line of credit without
giving you any further warning.
If you disagree with a creditor's report of negative information,
the creditor must put a notice of that dispute in your file.
What can I do if there are errors in my report?
Credit bureaus are regulated under the California Consumer Credit
Reporting Agencies Act and the federal Fair Credit Reporting Act.
These laws specify that you have a right to have errors
corrected. Credit reports list an address and/or a phone number
to request an investigation of inaccurate information.
Once you have notified a credit bureau of your dispute, it has 30
days to investigate. The bureau must consider all the relevant
evidence you give it, and errors must be corrected. If you ask
the credit bureau to do so, it must send a corrected report to
anyone who has requested your file in the past six months and to
anyone who has requested it in the last two years in relation to
employment.
If you disagree with the result of the credit bureau's
investigation, you have the right to submit a 100-word
explanation of the discrepancy. The credit bureau must include
that information in your file.
Some consumers who have had errors in their credit report
corrected find the incorrect information reappears in their files
at a later date. California law now requires credit granting
companies and credit bureaus to establish a system to handle this
problem. However, even if you have had errors in your report
corrected, it is wise to periodically check your credit report to
make sure the errors do not reappear.
Can I have negative information deleted if the entry is not an
error?
Negative information in your credit report usually can be removed
only by maintaining a good credit record over a number of years.
Companies or individuals promising quick fixes are almost always
fraudulent.
For help with re-establishing good credit, the Consumer Credit
Counseling Service may be able to assist you. This nonprofit
group has offices in most cities. To find the office nearest you,
call (800) 388-2227.
Beware of other credit repair services. Generally they promise a
lot, charge a lot and deliver very little.
What is the difference between a credit report and an
investigative consumer report?
Some credit bureaus and "super bureaus" provide investigative
consumer reports which are much more detailed than credit
reports. Among those using these reports are insurance companies,
employers and landlords. Investigative reports can contain
information on your character, reputation, personal
characteristics and life style. This information may be gathered
through personal interviews with neighbors, friends, associates
or acquaintances, as well as a search of public documents such as
property and court records.
Because the information in these reports is so detailed and may
be sensitive, both federal and state law require the person who
orders the investigative report to inform the subject of the
report. However, there are times when an employer does not have
to tell an employee he or she is the subject of an investigative
report. This includes when the