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KNOW YOUR RIGHTS!
SUMMARY OF LAWS
  • HIPAA-  ( HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT): Federal Law that States that Doctors and hospitals can not give out a patients personal information to collect or report a debt. If they do so they are in violation of federal law.
  • FDCPA-(FAIR DEBT COLLECTIONS PRACTICES ACT): Federal law that states in order to collect or report a debt, the collector must be able to validate the debt by showing a detailed billing history and an original signed contract.
  • FCRA- (FAIR CREDIT REPORTING ACT): Federal law that states the bureaus and the creditors are allowed a reasonable amount of time to respond to a request for an investigation. Generally 30 days or the derogatory information must be removed from the credit reports.
  • FACTA- (FAIR and ACCURATE CREDIT TRANSACTION ACT): This law pertains to identity theft and was created to amend the Fair Credit Reporting Act. It helps to prevent identity theft,improve the  resolution of consumer disputes, and gives consumers the right to view and monitor their credit history.
Disclosure Statement:
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any "credit repair" company has the right to have the credit bureau remove accurate, current and verifiable information from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.

You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance or a rental dwelling because of information in your credit report within the preceding 60 days (30 days for residents of MN, NY, PA, WV). The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.

Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.

You may, on your own, notify a credit bureau directly in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.

If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.

Regarding Credit Services Organizations and CRA: You have a right to sue a credit repair organization that violates the Credit Repair Organization Act or any corresponding state act (usually called Credit Services Organization Act or Credit Repair Organization Act). This law, as well as the corresponding state laws, prohibits deceptive practices by credit services organizations.

You have the right to cancel your contract with any credit repair organization for any reason before midnight of the fifth business day from the date you signed the contract.

The Federal Trade Commission regulates credit bureaus and credit services organizations. For more information contact:

The Public Reference Branch
Federal Trade Commission
Washington, D.C. 20580


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