Credit Repair: Self-Help May Be Best
Y
ou 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:
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.
December 2005
FTC Facts
For Consumers
Federal Trade Commission
For The Consumer
www.ftc.gov
1-877-ftc-help
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.
You can dispute mistakes
or outdated items in your
credit report for free.
FTC Facts
For Consumers
2
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
FTC Facts
For Consumers
3
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:
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
Your contract must specify:
the payment terms for services, including their
total cost
a detailed description of the services to be
performed
how long it will take to achieve the results
any guarantees they offer
the company’s name and business address
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
Just because you have
a poor credit report
doesn’t mean you won’t
be able to get credit.
FTC Facts
For Consumers
4
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
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.
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 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.
FTC Facts
For Consumers
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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)
For The Consumer Federal Trade Commission
www.ftc.gov 1-877-ftc-help
Federal Trade Commission
Bureau of Consumer Protection
Office of Consumer and Business Education
FTC Facts
For Consumers
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