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There is no denying that errors can
and do appear in credit reports. The July 2000 issue of Consumer Reports
cited a study where more than 50% of the credit reports checked contained
errors.
There are two main reasons errors
may appear on your credit report. One is when you have been mistaken for another
person with a similar name and their information ends up in your file. The other
more serious cause of error is fraud. Someone may have intentionally gained
access to your personal information and obtained credit in your name. Instances
of identity theft are increasing. See PRC Fact Sheet No. 17, "Coping with
Identity Theft" www.privacyrights.org/FS/fs17-it.htm
and Fact Sheet 17a, "Identity Theft: What to Do if It Happens to You" www.privacyrights.org/FS/fs17a.htm.
Both state and federal laws provide
you with the right to have errors corrected. Credit bureaus are regulated under
the California Consumer Credit Reporting Agencies Act (California Civil Code
section 1785 et seq.), the laws of other states, and the federal Fair Credit
Reporting Act (15 USC 1681 et seq.). For information on the law in your state,
contact your state�s consumer protection bureau or office of the Attorney
General. National credit bureaus must have a toll-free number so you can contact
them with your questions. Also, credit reports must provide an address to
request an investigation of inaccurate information.
Once you have notified a CRA of
your dispute, both federal and California law allow 30 business days for an
investigation. The bureau must consider all the relevant evidence you give it,
and errors must be corrected. If the CRA cannot verify negative information, it
must be deleted from your file. You are entitled to receive a free copy of your
corrected report. You may ask the credit bureau to send a corrected report to
anyone who has requested your file in the past six months, as well as to anyone
who has requested it in the last two years in relation to employment.
If you disagree with the result of
the CRA�s investigation, you have the right to submit a 100-word explanation.
The credit bureau must include the explanation in your file although the
negative information will not be removed.
Some consumers who have had errors
corrected find the incorrect information reappears in their files at a later
date. Both federal and California laws require credit bureaus to notify the
consumer within five days of reinserting information. Negative information
cannot be reinserted into your file unless the credit bureau takes the added
step of having the source of the information certify that it is complete and
accurate. Credit bureaus must provide the subject of the report with a toll-free
number to dispute the reinsertion and the opportunity to include a dispute
statement. 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.
Source: Privacy Rights Clearinghouse
These questions and answers are provided for IowaMotors.com users' general information.
Although we make every effort to insure accuracy in the information provided, we cannot make
any guarantees as to this accuracy. We urge you to consult your lawyer, accountant or tax
advisor for specific legal or tax advice.
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