Building a Better Credit Report
Federal Trade Commission
Bureau of Consumer
Protection
Office of Consumer and Business Education
May 2005
If you've ever applied for a credit card, a personal
loan, or insurance, there's a file about you. This file is known as your credit
report. It is chock full of information on where you live, how you pay your
bills, and whether you've been sued, arrested, or filed for bankruptcy. Consumer
reporting companies sell the information in your report to creditors, insurers,
employers, and other businesses with a legitimate need for it. They use the
information to evaluate your applications for credit, insurance, employment, or
a lease.
Having a good credit report means it will be easier
for you to get loans and lower interest rates. Lower interest rates usually
translate into smaller monthly payments.
Nevertheless, newspapers, radio, TV, and the
Internet are filled with ads for companies and services that promise to
erase accurate negative information in your credit report in exchange for a fee.
The scam artists who run these ads not only don't deliver !
they can't deliver. Only time, a deliberate effort, and a plan to
repay your bills will improve your credit as it's detailed in your credit
report.
The Federal Trade
Commission (FTC), the nation's consumer
protection agency, has written this booklet to help explain how to build a
better credit report. It has six sections:
Section 1: Explains your
rights under the Fair Credit Reporting Act and the Fair and Accurate Credit
Transactions Act.
Section 2: Tells how you
can legally improve your credit report.
Section 3: Offers tips on
dealing with debt.
Section 4: Cautions about
credit-related scams and how to avoid them.
Section 5: Offers
information about identity theft.
Section 6: Lists
resources for additional information.
The Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) promotes the
accuracy, fairness, and privacy of information in the files of the nation's
consumer reporting companies. The FTC enforces the FCRA with respect to consumer
reporting companies. Recent amendments to the FCRA expand consumer rights and
place additional requirements on consumer reporting companies. Businesses that
provide information about consumers to consumer reporting companies and
businesses that use credit reports also have new responsibilities under the
law.
Here are some questions consumers have asked the FTC
about consumer reports and consumer reporting companies, and the answers.
Q. Do I have a right to know what's in my
report?
A. You have the right to know
what's in your report, but you have to ask for the information. The consumer
reporting company must tell you everything in your report, and give you a list
of everyone who has requested your report within the past year - or the past two
years if the requests were related to employment.
Q. What type of information do consumer
reporting companies collect and sell?
A.
Consumer reporting companies collect and sell four basic types of
information:
- Identification and employment
information: Your name, birth date, Social
Security number, employer, and spouse's name are noted routinely. The consumer
reporting company also may provide information about your employment history,
home ownership, income, and previous address, if a creditor asks.
- Payment history: Your accounts with different creditors are listed,
showing how much credit has been extended and whether you've paid on time.
Related events, such as the referral of an overdue account to a collection
agency, also may be noted.
- Inquiries: Consumer reporting companies must maintain a record of
all creditors who have asked for your credit history within the past year, and a
record of individuals or businesses that have asked for your credit history for
employment purposes for the past two years.
- Public record information: Events that are a matter of public record, such as
bankruptcies, foreclosures, or tax liens, may appear in your
report.
Q. Is there a charge for my
report?
A. Under the Free File Disclosure
Rule of the Fair and Accurate Credit Transactions Act (FACT Act), each of the
nationwide consumer reporting companies ! Equifax, Experian, and TransUnion ! is
required to provide you with a free copy of your credit report once every 12
months, if you ask for it.
These consumer reporting companies are phasing in free
reports geographically through September 1, 2005. After that, free reports will
be accessible to all Americans, regardless of where they live.
- Free reports have been available to consumers
in the Western states ! Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming !
since December 1, 2004.
- Consumers in the Midwestern states ! Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota,
Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin ! have been
able to order free reports since March
1, 2005.
- Consumers in the Southern states ! Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana,
Mississippi, Oklahoma, South Carolina, Tennessee, and Texas ! can begin ordering
their free reports June 1,
2005.
- Consumers in the Eastern states ! Connecticut, Delaware, Maine, Maryland, Massachusetts,
New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island,
Vermont, Virginia, and West Virginia ! the District of Columbia, Puerto Rico,
and all U.S. territories can begin ordering their free reports September 1, 2005.
Q: How do I order my free
report?
A: The three nationwide consumer
reporting companies are using one website, one toll-free telephone number, and
one mailing address for consumers to order their free annual report. To order,
click on www.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: www.annualcreditreport.com. Do
not contact the three nationwide consumer reporting companies individually. You
may order your free annual reports from each of the consumer reporting companies
at the same time, or you can order from only one or two. The law allows you to
order one free copy from each of the nationwide consumer reporting companies
every 12 months.
Q: What information do I have to provide to
get my free report?
A: You need to
provide your name, address, Social Security number, and date of birth. If you
have moved in the last two years, you may have to provide your previous address.
To maintain the security of your file, each nationwide consumer reporting
company may ask you for some information that only you would know, like the
amount of your monthly mortgage payment. Each company may ask you for different
information because the information each has in your file may come from
different sources.
Still, www.annualcreditreport.com is the only
authorized online source for your free annual credit report from the three
nationwide consumer reporting companies. Neither the website nor the companies
will call you first to ask for personal information or send you an email asking
for personal information. If you get a phone call or an email ! or see a pop-up
ad ! claiming it's from www.annualcreditreport.com (or
any of the three nationwide consumer reporting companies), it's probably a scam.
Don't reply or click on any link in the message. Instead, forward any email that
claims to be from www.annualcreditreport.com (or any of the three consumer
reporting companies) to spam@uce.gov, the
FTC's database of deceptive spam.
Q: Are there other situations where I might
be eligible for a free report?
A: Under
federal law, you're entitled to a free report if a company takes adverse action
against you, such as 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. Otherwise, any of the three consumer reporting companies may charge you
up to $9.50 for another copy of your report within a 12-month period.
To buy a copy of your report, contact:
Under state law, consumers in Colorado, Georgia,
Maine, Maryland, Massachusetts, New Jersey, and Vermont already have free access
to their credit reports.
For more information, see Your Access to
Free Credit Reports at ftc.gov/credit.
Credit Scores
Q. What is a credit score, and how does it
affect my ability to get credit?
A:
Credit scoring is a system creditors use to help determine whether to give you
credit, and how much to charge you for it.
Information about you and your credit experiences,
like your bill-paying history, the number and type of accounts you have, late
payments, collection actions, outstanding debt, and the age of your accounts, is
collected from your credit application and your credit report. Using a
statistical formula, creditors compare this information to the credit
performance of consumers with similar profiles. A credit scoring system awards
points for each factor. A total number of points ! a credit score ! helps
predict how creditworthy you are, that is, how likely it is that you will repay
a loan and make the payments on time. Generally, consumers with good credit
risks have higher credit scores.
You can get your credit score from the three
nationwide consumer reporting companies, but you will have to pay a fee for it.
Many other companies also offer credit scores for sale alone or as part of a
package of products.
For more information, see Credit Scoring
at ftc.gov/credit.
Improving Your Credit
Report
Under the FCRA, both the consumer reporting company
and the information provider (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 the FCRA, contact the consumer reporting
company and the information provider if you see inaccurate or incomplete
information.
1. 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 that you dispute, state the facts and explain
why you dispute the information, and request that the information be deleted or
corrected. You may want to enclose a copy of your report with the items in
question circled. 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 written results and a free copy of your
report if the dispute results in a change. (This free report does not count as
your annual free report under the FACT Act.) 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 the information is, indeed,
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. A corrected copy of your report can be 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. Expect to pay a fee for this service.
2. 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.
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) |
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.
Adding Accounts to Your
File
Your credit file may not reflect
all your credit accounts. Most national department store and all-purpose bank
credit card accounts are included in your file, but not all. Some travel,
entertainment, gasoline card companies, local retailers, and credit unions are
among those that usually aren't included.
If you've been told that you were denied credit
because of an "insufficient credit file" or "no credit file" and you have
accounts with creditors that don't appear in your credit file, ask the consumer
reporting companies to add this information to future reports. Although they are
not required to do so, many consumer reporting companies will add verifiable
accounts for a fee. However, if these creditors do not generally report to the
consumer reporting company, the added items will not be updated in your
file.
Dealing with Debt
Having trouble paying your bills? Getting dunning
notices from creditors? Are your accounts being turned over to debt collectors?
Are you worried about losing your home or your car?
You're not alone. Many people face financial crises at
some time in their lives. Whether the crisis is caused by personal or family
illness, the loss of a job, or simple overspending, it can seem overwhelming.
But often, it can be overcome. The fact is that your financial situation doesn't
have to go from bad to worse.
If you or someone you know is in financial hot water,
consider these options: realistic budgeting, credit counseling from a reputable
organization, debt consolidation, or bankruptcy. How do you know which will work
best for you? It depends on your level of debt, your level of discipline, and
your prospects for the future.
Self-Help
Developing
a Budget
The first step toward taking
control of your financial situation is to do a realistic assessment of how much
money you take in and how much money you spend. Start by listing your income
from all sources. Then, list your "fixed" expenses ! those that are the same
each month ! like mortgage payments or rent, car payments, and insurance
premiums. Next, list the expenses that vary ! like entertainment, recreation,
and clothing. Writing down all your expenses, even those that seem
insignificant, is a helpful way to track your spending patterns, identify
necessary expenses, and prioritize the rest. The goal is to make sure you can
make ends meet on the basics: housing, food, health care, insurance, and
education.
Your public library and bookstores have information
about budgeting and money management techniques. In addition, computer software
programs can be useful tools for developing and maintaining a budget, balancing
your checkbook, and creating plans to save money and pay down your debt.
Contacting Your Creditors
Contact your creditors immediately if you're having
trouble making ends meet. Tell them why it's difficult for you, and try to work
out a modified payment plan that reduces your payments to a more manageable
level. Don't wait until your accounts have been turned over to a debt collector.
At that point, your creditors have given up on you.
Dealing with Debt Collectors
The Fair Debt Collection Practices Act is the federal law
that dictates how and when a debt collector may contact you. A debt collector
may not call you before 8 a.m., after 9 p.m., or while you're at work if the
collector knows that your employer doesn't approve of the calls. Collectors may
not harass you, lie, or use unfair practices when they try to collect a debt.
And they must honor a written request from you to stop further
contact.
Credit Counseling
If you're not disciplined enough to create a workable
budget and stick to it, can't work out a repayment plan with your creditors, or
can't 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 be aware that 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, which may be hidden, or pressure consumers to
make large "voluntary" contributions that can 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.
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.
Auto and Home Loans
Your debts can be secured or unsecured. Secured debts
usually are tied to an asset, like your car for a car loan, or your house for a
mortgage. If you stop making payments, lenders can repossess your car or
foreclose on your house. Unsecured debts are not tied to any asset, and include
most credit card debt, bills for medical care, signature loans, and debts for
other types of services.
Most automobile financing agreements allow a creditor
to repossess your car any time you're in default. No notice is required. If your
car is repossessed, you may have to pay the balance due on the loan, as well as
towing and storage costs, to get it back. If you can't do this, the creditor may
sell the car. If you see default approaching, you may be better off selling the
car yourself and paying off the debt: You'll avoid the added costs of
repossession and a negative entry on your credit report.
If you fall behind on your mortgage, contact your
lender immediately to avoid foreclosure. Most lenders are willing to work with
you if they believe you're acting in good faith and the situation is temporary.
Some lenders may reduce or suspend your payments for a short time. When you
resume regular payments, though, you may have to pay an additional amount toward
the past due total. Other lenders may agree to change the terms of the mortgage
by extending the repayment period to reduce the monthly debt. Ask whether
additional fees would be assessed for these changes, and calculate how much they
total in the long term.
If you and your lender cannot work out a plan, contact
a housing counseling agency. Some agencies limit their counseling services to
homeowners with FHA mortgages, but many offer free help to any homeowner who's
having trouble making mortgage payments. Call the local office of the Department
of Housing and Urban Development or the housing authority in your state, city,
or county for help in finding a legitimate housing counseling agency near you.
Debt Consolidation
You may be able to lower your cost of credit by
consolidating your debt through a second mortgage or a home equity line of
credit. Remember that these loans require you to put up your home as collateral.
If you can't make the payments ! or if your payments are late ! you could lose
your home.
What's more, the costs of consolidation loans can add
up. In addition to interest on the loans, you may have to pay "points," with one
point equal to one percent of the amount you borrow. Still, these loans may
provide certain tax advantages that are not available with other kinds of
credit.
Bankruptcy
Personal bankruptcy generally is considered the debt
management option of last resort because the results are long-lasting and
far-reaching. A bankruptcy stays on your credit report for 10 years, and can
make it difficult to obtain credit, buy a home, get life insurance, or sometimes
get a job. Still, it is a legal procedure that offers a fresh start for people
who can't satisfy their debts. People who follow the bankruptcy rules receive a
discharge ! a court order that says they don't have to repay certain
debts.
There are two primary types of personal bankruptcy:
Chapter 13 and Chapter 7. Each must be filed in federal bankruptcy court. As of
January 2005, the filing fees run about $185 for Chapter 13 and $200 for Chapter
7. Attorney fees are additional and can vary.
Chapter 13 allows people with a steady income to keep
property, like a mortgaged house or a car, that they otherwise might lose. In
Chapter 13, the court approves a repayment plan that allows you to use your
future income to pay off a default during a three-to-five-year period, rather
than surrender any property. After you have made all the payments under the
plan, you receive a discharge of your debts.
Chapter 7 is known as straight bankruptcy, and
involves liquidation of all assets that are not exempt. Exempt property may
include automobiles, work-related tools, and basic household furnishings. Some
of your property may be sold by a court-appointed official ! a trustee ! or
turned over to your creditors. You can receive a discharge of your debts through
Chapter 7 only once every six years.
Both types of bankruptcy may get rid of unsecured
debts and stop foreclosures, repossessions, garnishments, utility shut-offs, and
debt collection activities. Both also provide exemptions that allow people to
keep certain assets, although exemption amounts vary. Note that personal
bankruptcy usually does not erase child support, alimony, fines, taxes, and some
student loan obligations. And unless you have an acceptable plan to catch up on
your debt under Chapter 13, bankruptcy usually does not allow you to keep
property when your creditor has an unpaid mortgage or lien on it.
For more information, see Knee Deep in Debt
and Fiscal Fitness: Choosing a Credit Counselor at ftc.gov/credit.
Avoiding Scams
Turning to a business that offers help in solving debt
problems may seem like a reasonable solution when your bills become
unmanageable. Be cautious. Before you do business with any company, check it out
with your local consumer protection agency or the Better Business Bureau in the
company's location.
Ads Promising Debt Relief May Really Be
Offering Bankruptcy
Consumer debt is
at an all-time high. What's more, a record number of consumers ! more than 1.6
million in 2003 ! are filing for bankruptcy. Whether your debt dilemma is the
result of an illness, unemployment, or overspending, it can seem overwhelming.
In your effort to get solvent, be on the alert for advertisements that offer
seemingly quick fixes. And read between the lines when faced with ads in
newspapers, magazines, or even telephone directories that say:
|
"Consolidate your bills into one
monthly payment without borrowing"
"STOP credit harassment,
foreclosures, repossessions, tax levies and garnishments"
"Keep Your Property"
"Wipe out your debts! Consolidate
your bills! How? By using the protection and assistance provided by federal
law. For once, let the law work for you!" |
While the ads pitch the promise of debt relief, they
rarely say relief may be spelled b-a-n-k-r-u-p-t-c-y. And although bankruptcy is
one option to deal with financial problems, it's generally considered the option
of last resort. The reason: it has a long-term negative impact on your
creditworthiness. A bankruptcy stays on your credit report for 10 years, and can
hinder your ability to get credit, a job, insurance, or even a place to live.
What's more, it can cost you attorneys' fees.
Advance-Fee Loan Scams
These scams often target consumers with bad credit
problems or those with no credit. In exchange for an up-front fee, these
companies "guarantee" that applicants will get the credit they want ! usually a
credit card or a personal loan.
The up-front fee may be as high as several hundred
dollars. Resist the temptation to follow up on advance-fee loan guarantees. They
may be illegal. Many legitimate creditors offer extensions of credit, such as
credit cards, loans, and mortgages through telemarketing, and require an
application fee or appraisal fee in advance. But legitimate creditors never
guarantee in advance that you'll get the loan. Under the federal Telemarketing
Sales Rule, a seller or telemarketer who guarantees or represents a high
likelihood of your getting a loan or some other extension of credit may not ask
for or receive payment until you've received the loan.
Recognizing an Advance-Fee Loan
Scam
Ads for advance-fee loans often
appear in the classified ad section of local and national newspapers and
magazines. They also may appear in mailings, radio spots, and on local cable
stations. Often, these ads feature "900" numbers, which result in charges on
your phone bill. In addition, these companies often use delivery systems other
than the U.S. Postal Service, such as overnight or courier services, to avoid
detection and prosecution by postal authorities.
It's not hard to confuse a legitimate credit offer
with an advance-fee loan scam. An offer for credit from a bank, savings and
loan, or mortgage broker generally requires your verbal or written acceptance of
the loan or credit offer. The offer usually is subject to a check of your credit
report after you apply to make sure you meet their credit standards. Usually,
you are not required to pay a fee to get the credit.
Hang up on anyone who calls you on the phone and says
they can guarantee you will get a loan if you pay in advance. It's against the
law.
Protecting Yourself
Here are some tips to keep in mind before you respond to
ads that promise easy credit, regardless of your credit history:
- Most legitimate lenders will not "guarantee" that you
will get a loan or a credit card before you apply, especially if you have bad
credit, or a bankruptcy.
- It is an accepted and common practice for reputable
lenders to require payment for a credit report or appraisal. You also may have
to pay a processing or application fee.
- Never give your credit card account number, bank
account information, or Social Security number out over the telephone unless you
are familiar with the company and know why the information is necessary.
Credit Repair Scams
You see the ads 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. They're just not true. Only time, a conscientious
effort, and a plan for repaying your debt will improve your credit report.
The Warning Signs
If you should decide to respond to an offer to repair
your credit, think twice. Don't do business with any company that:
- wants you to pay for credit repair services before
any services are provided
- does not tell you your legal rights and what you can
do yourself ! for free
- recommends that you not contact a consumer reporting
company directly
- suggests that you try to invent a "new" credit report
by applying for an Employer Identification Number to use instead of your Social
Security number
- advises you to dispute all information in your credit
report or take any action that seems illegal, such as creating a new credit
identity. If you follow illegal advice and commit fraud, you may be subject to
prosecution.
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 make false statements 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.
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 signing the
contract. The law contains specific consumer protections. 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 total cost of the services
- 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.
Where to Complain
If you've had a problem with any of the scams described
here, contact your local consumer
protection agency, state Attorney General (AG),
or Better Business Bureau. Many AGs have toll-free consumer hotlines. Check with
your local directory assistance.
Identity Theft
An identity thief is someone who obtains some piece of
your sensitive information, like your Social Security number, date of birth,
address, and phone number, and uses it without your knowledge to commit fraud or
theft.
How Identity Thieves Get Your
Information
Skilled identity thieves use
a variety of methods to gain access to your personal information. For example,
they may:
- get information from businesses or other institutions
by:
- stealing records or information while they're on the
job
- bribing an employee who has access to these records
- hacking these records
- conning information out of employees
- rummage through your trash, the trash of businesses,
or public trash dumps in a practice known as "dumpster diving"
- get your credit reports by abusing their employer's
authorized access to them, or by posing as a landlord, employer, or someone else
who may have a legal right to access your report
- steal your credit or debit card numbers by capturing
the information in a data storage device in a practice known as "skimming." They
may swipe your card for an actual purchase, or attach the device to an ATM
machine where you may enter or swipe your card.
- steal wallets and purses containing identification
and credit and bank cards.
- steal mail, including bank and credit card
statements, new checks, or tax information
- complete a "change of address form" to divert your
mail to another location
- steal personal information from your home
- scam information from you by posing as a legitimate
business person or government official
How Identity Thieves Use Your
Information
Once identity thieves have
your personal information, they may:
- go on spending sprees using your credit and debit
card account numbers to buy "big-ticket" items like computers that they can
easily sell
- open a new credit card account, using your name, date
of birth, and Social Security number. When they don't pay the bills, the
delinquent account is reported on your credit report.
- change the mailing address on your credit card
account. The imposter then runs up charges on the account. Because the bills are
being sent to the new address, it may take some time before you realize there's
a problem.
- take out auto loans in your name
- establish phone or wireless service in your name
- counterfeit checks or debit cards, and drain your
bank account
- open a bank account in your name and write bad checks
on that account
- file for bankruptcy under your name to avoid paying
debts they've incurred, or to avoid eviction
- give your name to the police during an arrest. If
they are released and don't show up for their court date, an arrest warrant
could be issued in your name.
Protecting Yourself
Managing your personal information is key to minimizing
your risk of becoming a victim of identity theft.
- Keep an eye on your purse or wallet, and keep them in
a safe place at all times.
- Don't carry your Social Security card.
- Don't share your personal information with random
people you don't know. Identity thieves are really good liars, and could pretend
to be from banks, Internet service providers, or even government agencies to get
you to reveal identifying information.
- Read the statements from your bank and credit
accounts and look for unusual charges or suspicious activity. Report any
problems to your bank and creditors right away.
- Tear up or shred your charge receipts, checks and
bank statements, expired charge cards, and any other documents with personal
information before you put them in the trash.
How To Tell If You're a Victim of Identity
Theft
Monitor the balances of your
financial accounts. Look for unexplained charges or withdrawals. Other
indications of identity theft can be:
- failing to receive bills or other mail signaling an
address change by the identity thief;
- receiving credit cards for which you did not apply;
- denial of credit for no apparent reason; or
- receiving calls from debt collectors or companies
about merchandise or services you didn't buy.
What To Do If Your Identity's Been
Stolen
If you suspect that your personal
information has been used to commit fraud or theft, take the following four
steps right away. Follow up all calls in writing; send your letter by certified
mail, and request a return receipt, so you can document what the company
received and when; and keep copies for your files.
- Place a fraud alert on your credit reports
and review your credit reports.
Contact
any one of the nationwide consumer reporting companies to place a fraud alert on
your credit report. Fraud alerts can help prevent an identity thief from opening
any more accounts in your name. The company you call is required to contact the
other two, which will place an alert on their versions of your report,
too.
Equifax: 1-800-525-6285; www.equifax.com
Experian: 1-888-EXPERIAN (397-3742); www.experian.com
TransUnion: 1-800-680-7289; www.transunion.com
In addition to placing the fraud alert on your file,
the three consumer reporting companies will send you free copies of your credit
reports, and, if you ask, they will display only the last four digits of your
Social Security number on your credit reports.
-
Close the accounts that you know, or
believe, have been tampered with or opened fraudulently.
Contact the security or fraud department of each company
where you know, or believe, accounts have been tampered with or opened
fraudulently. Follow up in writing, and include copies (NOT originals) of
supporting documents. It's important to notify credit card companies and banks
in writing. Send your letters by certified mail, return receipt requested, so
you can document what the company received and when. Keep a file of your
correspondence and enclosures.
When you open new accounts, use new Personal
Identification Numbers (PINs) and passwords. Avoid using easily available
information like your mother's maiden name, your birth date, the last four
digits of your Social Security number or your phone number, or a series of
consecutive numbers.
-
File a report with your local police or the
police in the community where the identity theft took place.
Get a copy of the police report or, at the very least,
the number of the report. It can help you deal with creditors who need proof of
the crime. If the police are reluctant to take your report, ask to file a
"Miscellaneous Incidents" report, or try another jurisdiction, like your state
police. You also can check with your state Attorney General's office to find out
if state law requires the police to take reports for identity theft. Check the
Blue Pages of your telephone directory for the phone number or check
www.naag.org for a list of state Attorneys General.
-
File a complaint with the Federal Trade
Commission.
By sharing your identity
theft complaint with the FTC, you will provide important information that can
help law enforcement officials across the nation track down identity thieves and
stop them. The FTC also can refer your complaint to other government agencies
and companies for further action, as well as investigate companies for
violations of laws that the FTC enforces.
You can file a complaint online at www.consumer.gov/idtheft. If you don't have Internet access, call the FTC's
Identity Theft Hotline, toll-free: 1-877-IDTHEFT (438-4338); TTY:
1-866-653-4261; or write: Identity Theft Clearinghouse, Federal Trade
Commission, 600 Pennsylvania Avenue, NW, Washington, DC
20580.
For more information, see ID Theft: What's
It All About or Take Charge: Fighting Back Against Identity Theft
at www.consumer.gov/idtheft.
For More Information
The Federal Trade Commission enforces a number of
credit laws and has free information about them:
The Equal Credit Opportunity Act prohibits the denial of credit because of your sex, race,
marital status, religion, national origin, age, or because you receive public
assistance.
The Fair
Credit Reporting Act gives you the right to
learn what information is being distributed about you by credit reporting
companies.
The Truth in Lending Act requires lenders to give you written disclosures of the
cost of credit and terms of repayment before you enter into a credit
transaction.
The Fair
Credit Billing Act establishes procedures
for resolving billing errors on your credit card accounts.
The Fair
Debt Collection Practices Act prohibits debt
collectors from using unfair or deceptive practices to collect overdue bills
that your creditor has forwarded for collection.
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.