We're going to let the Federal Trade Commission handle this topic.
Here's what they have to say about this fraud (one that victimizes
people who are already in deep financial trouble and don't have any
extra money to pay to crooks!):
Credit Repair: Self Help May Be Best
You see the advertisements in newspapers, on TV, and on the
Internet. You hear them on the radio. You get fliers in the mail.
You may even get calls from telemarketers offering credit repair
services. They all make the same claims:
- “Credit problems? No problem!”
- “We can erase your bad credit — 100% guaranteed.”
- “Create a new credit identity — legally.”
- “We can remove bankruptcies, judgments, liens, and bad
loans from your credit file forever!”
Do yourself a favor and save some money, too. Don’t believe these
statements. Only time, a conscious effort, and a personal debt
repayment plan will improve your credit report.
This brochure explains how you can improve your creditworthiness and
gives legitimate resources for low or no-cost help.
The Scam
Everyday, companies nationwide appeal to consumers with poor credit
histories. They promise, for a fee, to clean up your credit report
so you can get a car loan, a home mortgage, insurance, or even a
job. The truth is, they can’t deliver. After you pay them hundreds
or thousands of dollars in fees, these companies do nothing to
improve your credit report; most simply vanish with your money.
The Warning Signs
If you decide to respond to a credit repair offer, look for these
tell-tale signs of a scam:
You could be charged and prosecuted for mail or wire fraud if you
use the mail or telephone to apply for credit and provide false
information. It’s a federal crime to lie on a loan or credit
application, to misrepresent your Social Security number, and to
obtain an Employer Identification Number from the Internal Revenue
Service under false pretenses.
Under the Credit Repair Organizations Act, credit repair companies
cannot require you to pay until they have completed the services
they have promised.
The Truth
No one can legally remove accurate and timely negative information
from a credit report. The law allows you to ask for an investigation
of information in your file that you dispute as inaccurate or
incomplete. There is no charge for this. Everything a credit repair
clinic can do for you legally, you can do for yourself at little or
no cost. According to the Fair Credit Reporting Act (FCRA):
- You’re entitled to a free report if a company takes
adverse action against you, like denying your application
for credit, insurance, or employment, and you ask for your
report within 60 days of receiving notice of the action. The
notice will give you the name, address, and phone number of
the consumer reporting company. You’re also entitled to one
free report a year if you’re unemployed and plan to look for
a job within 60 days; if you’re on welfare; or if your
report is inaccurate because of fraud, including identity
theft.
- Each of the nationwide consumer reporting companies —
Equifax, Experian, and TransUnion — is required to provide
you with a free copy of your credit report, at your request,
once every 12 months.
- The three companies have set up a central website, a
toll-free telephone number, and a mailing address
through which you can order your free annual report. To
order, click on annualcreditreport.com, call
1-877-322-8228, or complete the Annual Credit Report
Request Form and mail it to: Annual Credit Report
Request Service, P.O. Box 105281, Atlanta, GA
30348-5281. You can print the form from ftc.gov/credit.
- Do not contact the three nationwide consumer
reporting companies individually. They are providing
free annual credit reports only through
annualcreditreport.com, 1-877-322-8228, and Annual
Credit Report Request Service, P.O. Box 105281, Atlanta,
GA 30348-5281.
- You may order your reports from each of the three
nationwide consumer reporting companies at the same
time, or you can order your report from each of the
companies one at a time.
- For more information, see Your Access to Free Credit
Reports at ftc.gov/credit.
- Otherwise, a consumer reporting company may charge
you up to $9.50 for another copy of your report within a
12-month period.
- You can dispute mistakes or outdated items for free.
Under the FCRA, both the consumer reporting company and the
information provider (that is, the person, company, or
organization that provides information about you to a
consumer reporting company) are responsible for correcting
inaccurate or incomplete information in your report. To take
advantage of all your rights under this law, contact the
consumer reporting company and the information provider.
- Companies that want you to pay for credit repair
services before they provide any services.
- Companies that do not tell you your legal rights and
what you can do for yourself for free.
- Companies that recommend that you not contact a credit
reporting company directly.
- Companies that suggest that you try to invent a “new”
credit identity — and then, a new credit report — by
applying for an Employer Identification Number to use
instead of your Social Security number.
- Companies that advise you to dispute all information in
your credit report or take any action that seems illegal,
like creating a new credit identity. If you follow illegal
advice and commit fraud, you may be subject to prosecution.
STEP ONE
Tell the consumer reporting company, in writing, what information
you think is inaccurate. Include copies (NOT originals) of documents
that support your position. In addition to providing your complete
name and address, your letter should clearly identify each item in
your report you dispute, state the facts and explain why you dispute
the information, and request that it be removed or corrected. You
may want to enclose a copy of your report with the items in question
circled. Your letter may look something like the one on page 6. Send
your letter by certified mail, “return receipt requested,” so you
can document what the consumer reporting company received. Keep
copies of your dispute letter and enclosures.
Consumer reporting companies must investigate the items in question
— usually within 30 days — unless they consider your dispute
frivolous. They also must forward all the relevant data you provide
about the inaccuracy to the organization that provided the
information. After the information provider receives notice of a
dispute from the consumer reporting company, it must investigate,
review the relevant information, and report the results back to the
consumer reporting company. If the information provider finds the
disputed information is inaccurate, it must notify all three
nationwide consumer reporting companies so they can correct the
information in your file.
When the investigation is complete, the consumer reporting company
must give you the results in writing and a free copy of your report
if the dispute results in a change. If an item is changed or
deleted, the consumer reporting company cannot put the disputed
information back in your file unless the information provider
verifies that it is accurate and complete. The consumer reporting
company also must send you written notice that includes the name,
address, and phone number of the information provider.
If you request, the consumer reporting company must send notices of
any correction to anyone who received your report in the past six
months. You can have a corrected copy of your report sent to anyone
who received a copy during the past two years for employment
purposes.
If an investigation doesn’t resolve your dispute with the consumer
reporting company, you can ask that a statement of the dispute be
included in your file and in future reports. You also can ask the
consumer reporting company to provide your statement to anyone who
received a copy of your report in the recent past. You can expect to
pay a fee for this service.
STEP TWO
Tell the creditor or other information provider, in writing, that
you dispute an item. Be sure to include copies (NOT originals) of
documents that support your position. Many providers specify an
address for disputes. If the provider reports the item to a consumer
reporting company, it must include a notice of your dispute. And if
you are correct – that is, if the information is found to be
inaccurate – the information provider may not report it again.
For more information, see How to Dispute Credit Report Errors at
ftc.gov/credit.
Reporting Accurate Negative Information
When negative information in your report is accurate, only the
passage of time can assure its removal. A consumer reporting company
can report most accurate negative information for seven years and
bankruptcy information for 10 years. Information about an unpaid
judgment against you can be reported for seven years or until the
statute of limitations runs out, whichever is longer. There is no
time limit on reporting: information about criminal convictions;
information reported in response to your application for a job that
pays more than $75,000 a year; and information reported because
you’ve applied for more than $150,000 worth of credit or life
insurance. There is a standard method for calculating the seven-year
reporting period. Generally, the period runs from the date that the
event took place.
For more information, see Building a Better Credit Report at
ftc.gov/credit.
The Credit Repair Organizations Act
By law, credit repair organizations must give you a copy of the
“Consumer Credit File Rights Under State and Federal Law” before you
sign a contract. They also must give you a written contract that
spells out your rights and obligations. Read these documents before
you sign anything. The law contains specific protections for you.
For example, a credit repair company cannot:
Your contract must specify:
Have You Been Victimized?
Many states have laws regulating credit repair companies. State law
enforcement officials may be helpful if you’ve lost money to credit
repair scams.
If you’ve had a problem with a credit repair company, don’t be
embarrassed to report it. While you may fear that contacting the
government will only make your problems worse, remember that laws
are in place to protect you. Contact your local consumer affairs
office or your state Attorney General (AGs). Many AGs have toll-free
consumer hotlines. Check the Blue Pages of your telephone directory
for the phone number or check www.naag.org for a list of state
Attorneys General.
Need Help? Don’t Despair
Just because you have a poor credit report doesn’t mean you won’t be
able to get credit. Creditors set their own credit-granting
standards and not all of them look at your credit history the same
way. Some may look only at more recent years to evaluate you for
credit, and they may grant credit if your bill-paying history has
improved. It may be worthwhile to contact creditors informally to
discuss their credit standards.
If you’re not disciplined enough to create a workable budget and
stick to it, work out a repayment plan with your creditors, or keep
track of mounting bills, consider contacting a credit counseling
organization. Many credit counseling organizations are nonprofit and
work with you to solve your financial problems. But not all are
reputable. For example, just because an organization says it’s
“nonprofit,” there’s no guarantee that its services are free,
affordable, or even legitimate. In fact, some credit counseling
organizations charge high fees, or hide their fees by pressuring
consumers to make “voluntary” contributions that only cause more
debt.
Most credit counselors offer services through local offices, the
Internet, or on the telephone. If possible, find an organization
that offers in-person counseling. Many universities, military bases,
credit unions, housing authorities, and branches of the U.S.
Cooperative Extension Service operate nonprofit credit counseling
programs. Your financial institution, local consumer protection
agency, and friends and family also may be good sources of
information and referrals.
If you are considering filing for bankruptcy, you should know about
one major change to the bankruptcy laws: As of October 17, 2005, you
must get credit counseling from a government-approved organization
within six months before you file for bankruptcy relief. You can
find a state-by-state list of government-approved organizations at
www.usdoj.gov/ust. That is the website of the U.S. Trustee Program,
the organization within the U.S. Department of Justice that
supervises bankruptcy cases and trustees.
Reputable credit counseling organizations can advise you on managing
your money and debts, help you develop a budget, and offer free
educational materials and workshops. Their counselors are certified
and trained in the areas of consumer credit, money and debt
management, and budgeting. Counselors discuss your entire financial
situation with you, and help you develop a personalized plan to
solve your money problems. An initial counseling session typically
lasts an hour, with an offer of follow-up sessions.
For more information, see Knee Deep in Debt and Fiscal Fitness:
Choosing a Credit Counselor at ftc.gov/credit.
Do-It-Yourself Check-Up
Even if you don’t have a poor credit history, some financial
advisors and consumer advocates suggest you review your credit
report periodically
Sample Dispute Letter
Date
Your Name
Your Address
Your City, State, Zip Code
Complaint Department
Name of Company
Address
City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute the following information in my file. The
items I dispute also are encircled on the attached copy of the
report I received.
This item (identify item(s) disputed by name of source, such as
creditors or tax court, and identify type of item, such as credit
account, judgment, etc.) is (inaccurate or incomplete) because
(describe what is inaccurate or incomplete and why). I am requesting
that the item be deleted (or request another specific change) to
correct the information.
Enclosed are copies of (use this sentence if applicable and describe
any enclosed documentation, such as payment records, court
documents) supporting my position. Please investigate this (these)
matter(s) and (delete or correct) the disputed item(s) as soon as
possible.
Sincerely,
Your name
Enclosures: (List what you are enclosing)
The FTC works for the consumer to prevent fraudulent, deceptive and
unfair business practices in the marketplace and to provide
information to help consumers spot, stop, and avoid them. To file a
complaint or to get free information on consumer issues, visit
www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY:
1-866-653-4261. The FTC enters Internet, telemarketing, identity
theft, and other fraud-related complaints into Consumer Sentinel, a
secure, online database available to hundreds of civil and criminal
law enforcement agencies in the U.S. and abroad.
- Because the information it contains affects whether you
can get a loan or insurance — and how much you will have to
pay for it.
- To make sure the information is accurate, complete, and
up-to-date before you apply for a loan for a major purchase
like a house or car, buy insurance, or apply for a job.
- To help guard against identity theft. That’s when
someone uses your personal information — like your name,
your Social Security number, or your credit card number — to
commit fraud. Identity thieves may use your information to
open a new credit card account in your name. Then, when they
don’t pay the bills, the delinquent account is reported on
your credit report. Inaccurate information like that could
affect your ability to get credit, insurance, or even a job.
- Make false claims about their services
- Charge you until they have completed the promised
services
- Perform any services until they have your signature on a
written contract and have completed a three-day waiting
period. During this time, you can cancel the contract
without paying any fees
- Make false claims about their services
- Charge you until they have completed the promised
services
- Perform any services until they have your signature on a
written contract and have completed a three-day waiting
period. During this time, you can cancel the contract
without paying any fees