Credit Report

Problems persist with Credit Bureaus

Problems persist with Credit Bureaus

Have you experienced issues with credit bureau’s? It seems to be a running theme. The three major credit-reporting bureau’s – Equifax, Experian, and TransUnion, have had the most complaints for four consecutive years. These complaints involve inaccurate information on credit reports. Fighting with these bureaus can be a hassle because the bureaus have more power than the consumer.

            Lawmakers have only begun to pay attention since the enormous data breach from Equifax just two years ago. This led to being able to freeze your reports for no fee but didn’t provide any new ways to protect the consumer. There have been a few reforms in the past few years, such as bureaus being required to inform the other bureaus when a credit file is found to be mixed with another person and that a report can no longer include debts outside of an agreement or contract. For example, The reports are not allowed to include medical records that are 180 days old or less or medical debts that have been paid by an insurer.

            Problems have been persistent, and it seems that reform is not happening fast enough. The disputes are converted into codes that summarize the complaints for the data furnishers, which can be thought of as computers talking to computers. This can be frustrating when you have a dispute that is more complex and you need to talk to a real person.

            During the data breach of 2017, Equifax had a settlement of $700 million, which is comparable to a parking ticket in their eyes. It is just the cost of doing business and easier than changing their business practices to be fair and partial to consumers. It is imperative as a consumer to check your credit report regularly, or you may find yourself unexpectedly rejected for credit when it is most crucial. annualcreditreport.com is a site where you can check your credit report for free annually. As a consumer, it is your job to identify that your accounts are in good standing and have all the correct information. If your personal information is wrong, it could potentially be a mixed file or identity theft. It isn’t uncommon for a credit file to be mixed with someone who has similarities to your identifying information. It is most likely to happen if you have a common first and last name or if you have a family member with a similar or the same name. Credit bureaus may even consider only 7 of the 9 digits of your social security number when matching your information. You have the right to dispute these errors and have them corrected and/or deleted. An error in your file could prevent you from getting credit, renting a home, or getting a job.

            If you come across an error, you should take action from both sides. You should contact the furnisher that provided data to the bureaus and to contact the bureau(s) reporting the error. It may even be best to write a formal letter by mail so that a person and not a computer will receive the information. It also provides you with a paper trail if you were to make a claim.  Being persistent is key, it is not easy to get a furnisher to immediately admit their wrongs. Filing a dispute with the credit bureaus as you communicate with the furnisher will help preserve your right to make a legal claim if the error fails to be corrected. You can find dispute information and mailing addresses through these links: equifax.com/disputes, experian.com/disputes and transunion.com/disputes Contact us today with any questions you may have regarding your credit report.

 

 

What to Know About FCRA Compliance

What to Know About FCRA Compliance

The Fair Credit Reporting Act, or the FCRA, is a federal law that was enacted in 1971. It was originally designed for consumers to receive help resolving inaccuracies in their credit reports.

        The range of the FCRA was expanded in 1996 to include: background checks for employment screening. It is mandatory for an employer using a third party to conduct background checks under the FCRA compliance.

        The FCRA compliance was made to protect the consumer. Employers that use background reports and Consumer Reporting Agencies, also known as background screening companies are regulated by the FCRA. The FCRA is relevant when an employer obtains a background check for employment from a third party. Background checks include things such as: criminal history, employment verification, education verification, reports on motor vehicles, health care sanctions and professional licenses. The employer and background screening company must have compliance with the FCRA.

        It is highly important that an employer must disclose that they will be doing a background check and they must have written authorization. There are strict adverse action procedures that they must follow if they make an employment decision based on negative information in the report. According to the Consumer Reporting Agency, they must have compliance in procedures that make sure reports are as accurate as possible, while following all state and federal reporting guidelines.

     Here are terms to know to understand more about the FCRA:

The Consumer Report. This is a background report aka a background check that contains factual information of dates of employment, criminal records, and driving history.

The Investigative Consumer Report. This is a background report that includes information obtained through personal interviews that discuss employment performance such as a  personal and/or professional reference check.

The Consumer Reporting Agency, (CRA),  which is where the background screening company prepares the background report.

The Consumer – Which is the person who is the subject of the report.

The User – The person who is requesting and using the background report.

Disclosure – The document used to inform the consumer that they may be subject to a background report.

Authorization – The document signed by the consumer in which they authorize preparation of the background report.

Adverse Action – The process followed by an employer when considering a negative employment decision based on the background report.

Mixed Credit Reports Explained

Mixed Credit Reports Explained

What is a Mixed Credit Report?

A mixed credit report is the result of a credit reporting agency’s inaccurate merging of credit information and/or an entire credit file belonging to one consumer into the credit file of another consumer.

The credit reporting agencies, Equifax, Experian, and Trans Union, collect information about you and store it in their databases. They each have hundreds of millions of bits of raw data in their databases and the bits are used to create credit files and consumer disclosures (more commonly known as credit reports).

A credit file is the name used to describe all the information a credit reporting agency has about a consumer. Credit files are created as the result of a query posted to the credit reporting agencies database. The courts and the Federal Trade Commission define the term ‘credit file’ to include anything that might be included in a consumer report prepared about a consumer.

G. Cento to Speak at the Indiana Paralegal Association's Monthly Meeting on August 21st

G. Cento to Speak at the Indiana Paralegal Association's Monthly Meeting on August 21st

Join Attorney G. John Cento and the Indiana Paralegal Association at their August 21st Monthly Meeting on Credit Reporting 101.

Attendees will learn all about credit reports, including how they are created, how to read them, and what to do when they contain inaccurate information. Credit Reporting 101 will also introduce those in attendance to the Fair Credit Reporting Act (FCRA) and some of its core consumer protections.

Credit Agencies To Ease Up On Medical Debt Reporting

Credit Agencies To Ease Up On Medical Debt Reporting

NPR - Millions of Americans have medical debt that's hurting their credit. The Consumer Financial Protection Bureau estimated it's as many as 43 million people, according to data released in late 2014.

Now, some relief may be on the way.

Changes in the way credit agencies report and evaluate medical debt are in the works. They should reduce some of the painful financial consequences of having a health care problem.

Starting Sept. 15, the three major credit reporting agencies — Experian, Equifax and TransUnion — will set a 180-day waiting period before including medical debt on a consumer's credit report. The six-month period is intended to ensure there's enough time to resolve disputes with insurers and delays in payment.

Are you sure your credit report contains only your information?

Are you sure your credit report contains only your information?

Mixed credit reports are more common than you may realize. Your credit file may contain information belonging to someone else, and unless you look at your credit report, you may never know. Watch this short clip to learn more ...

What is a Credit Report?

What is a Credit Report?

A credit report is not the same thing that you get when you ask for your "credit report" directly from the credit reporting agencies, Equifax, Experian and TransUnion or through AnnualCreditReport.com. That document that you get when you go directly to a consumer reporting agency is a document known in the credit reporting industry as a consumer disclosure. The purpose of a consumer disclosure is to comply with the federal law which requires the credit reporting agencies to disclose the contents of your credit file to you when you ask for it. Nor is a credit report something that currently exists at this very moment. Unless it just so happens that right now you are applying for credit, you don't have a credit report. A credit report is something that is created at the moment it is asked for. 

At its most basic level, a credit report is simply a report that is...

Credit Files & Credit Reports

Credit Files & Credit Reports

The term "credit file" is often used interchangeably with "credit report", but in the credit reporting industry these terms are distinctly different.  A credit file is a bit of raw data contained within a database. At any given time, the national consumer reporting agencies maintain hundreds of millions of consumer credit files in their databases. According to some estimates these files relate to approximately 250 million credit active consumers across the United States. This means that many consumers have more than one credit file in a consumer reporting agency's system.

A "credit report" is something that does not currently exist. A credit report is created at the moment that it is asked for. Your credit report might look different today than it will a month from now, and most certainly will look different than it did three months ago. ...