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information creditors must know

Credit Reporting - Credit Reporting

Forum Post

right there!!!

information creditors must know

Thank author of this post/commentI came across this a few months ago actually about a year or more ago. This helped my with repairing my credit.

Credit Reports: What Information Providers Need to Know

The Fair Credit Reporting Act (FCRA) is designed to protect the privacy of credit report information and to guarantee that information supplied by consumer reporting agencies (CRAs) is as accurate as possible. If you provide information to a CRA, such as a credit bureau, be aware that amendments to the law spell out new legal obligations. These amendments were effective September 30, 1997.

Does the FCRA Affect Me?

If you report information about consumers to a CRA, you are considered a "furnisher" of information under the FCRA. CRAs include many types of databases -- credit bureaus, tenant screening companies, check verification services, and medical information services -- that collect information to help businesses evaluate consumers. If you provide information to a CRA regularly, the FCRA requires that the CRA send you a notice of your responsibilities.

What Are My Responsibilities?

The responsibilities of information providers are found in Section 623 of the FCRA, 15 U.S.C. §1681s-2, and are explained here. Items 2 and 5 apply only to furnishers who provide information to CRAs "regularly and in the ordinary course of their business." All information providers must comply with the other responsibilities.

1. General Prohibition on Reporting Inaccurate Information - Section 623(a)(1)(A) and Section 623(a)(1)(C).

You may not furnish information that you know -- or consciously avoid knowing -- is inaccurate. If you "clearly and conspicuously" provide consumers with an address for dispute notices, you are exempt from this obligation but subject to the duties discussed in Item 3.

What does "clear and conspicuous" mean? Reasonably easy to read and understand. For example, a notice buried in a mailing is not clear or conspicuous.

2. Correcting and Updating Information -- Section 623(a)(2).

If you discover you've supplied one or more CRAs with incomplete or inaccurate information, you must correct it, resubmit to each CRA, and report only the correct information in the future.

3. Responsibilities After Notice of a Consumer Dispute from a Consumer --Sections 623(a)(1)(B) and 623(a)(3).

If a consumer writes to the address you specify for disputes to challenge the accuracy of any information you furnished, and if the information is, in fact, inaccurate, you must report only the correct information to CRAs in the future. If you are a regular furnisher, you also will have to satisfy the duties in Item 2.

Once a consumer has given notice that he or she disputes information, you may not give that information to any CRA without also telling the CRA that the information is in dispute.

4. Responsibilities After Receiving Notice from a Consumer Reporting Agency -- Section 623(b).

If a CRA notifies you that a consumer disputes information you provided:

• You must investigate the dispute and review all relevant information provided by the CRA about the dispute.

• You must report your findings to the CRA.

• If your investigation shows the information to be incomplete or inaccurate, you must provide corrected information to all national CRAs that received the information.

• You should complete these steps within the time period that the FCRA sets out for the CRA to resolve the dispute -- normally 30 days after receipt of a dispute notice from the consumer. If the consumer provides additional relevant information during the 30-day period, the CRA has 15 days more. The CRA must give you all relevant information that it gets within five business days of receipt, and must promptly give you additional relevant information provided from the consumer. If you do not investigate and respond within the specified time periods, the CRA must delete the disputed information from its files.

5. Reporting Voluntary Account Closings -- Section 623(a)(4).

You must notify CRAs when consumers voluntarily close credit accounts. This is important because some information users may interpret a closed account as an indicator of bad credit unless it is clearly disclosed that the consumer -- not the creditor -- closed the account.

6. Reporting Delinquencies -- Section 623(a)(5).

If you report information about a delinquent account that's placed for collection, charged to profit or loss, or subject to any similar action, you must, within 90 days after you report the information, notify the CRA of the month and the year of the commencement of the delinquency that immediately preceded your action. This will ensure that CRAs use the correct date when computing how long derogatory information can be kept in a consumer's file.

How do you report accounts that you have charged off or placed for collection? For example:

• A consumer becomes delinquent on March 15, 1998. The creditor places the account for collection on October 1, 1998.

In this case, the delinquency began on March 15, 1998. The date that the creditor places the account for collection has no significance for calculating how long the account can stay on the consumer's credit report. In this case, the date that must be reported to CRAs within 90 days after you first report the collection action is "March 1998."

• A consumer falls behind on monthly payments in January 1998, brings the account current in June 1998, pays on time and in full every month through October 1998, and thereafter makes no payments. The creditor charges off the account in December 1999.

In this case, the most recent delinquency began when the consumer failed to make the payment due in November 1998. The earlier delinquency is irrelevant. The creditor must report the November 1998 date within 90 days of reporting the charge-off. For example, if the creditor charges off the account in December 1999, and reports this charge-off on December 31, 1999, the creditor must provide the month and year of the delinquency (i.e., "November 1998") within 90 days of December 31, 1999.

• A consumer's account becomes delinquent on December 15, 1997. The account is first placed for collection on April 1, 1998. Collection is not successful. The merchant places the account with a second collection agency on June 1, 2003.

The date of the delinquency for reporting purposes is "December 1997." Repeatedly placing an account for collection does not change the date that the delinquency began.

• A consumer's credit account becomes delinquent on April 15, 1998. The consumer makes partial payments for the next five months but never brings the account current. The merchant places the account for collection in May of 1999.

Since the account was never brought current during the period that partial payments were made, the delinquency that immediately preceded the collection commenced in April 1998 when the consumer first became delinquent.


#1

New York
Thank author of this post/commentThanks for the info. There is so much information out there and so much of it is invalid. I prefer reading up and discussing on this forum instead of just relying on information I find on sites I don't know anything about.

#2

Somewhere cold
Thank author of this post/commentI agree. People tend to believe everything they read online without doing much research. There are a lot of sites out there that prey to the unsuspecting. It's sad that it's come to the point where even I can't trust anything online and tend to second guess things.

#3

HOUSTON, TEXAS
Thank author of this post/commentYes very good little article. There is way to much information floating around that is not valid. I find some of my information on government sites and forums just like this one.

#4

Carrie

I am so young and all I have ever heard is that your credit is a top priority in life, but how do I actually build my credit if I'm not able to get a credit card? When I apply it tells me I have limited credit history. Any suggestions?

#5

Montana
Thank author of this post/commentIt is very easy. Go to your local bank. Take out a $2, 000 secured loan for 2 years.

You ask, well, what is used to secure the loan? The proceeds of the loan itself! This is what happens.

You receive $2, 000 from the bank. The bank puts that $2, 000 into a CD which used to secure the loan. That means you can't get the $2, 000 until your loan is paid off. If you don't pay the loan the bank takes your $2, 000 CD.

Every month you make your payment and your loan balance decreases. At the end of the 2 years your loan is paid off and you have the CD valued at $2, 000 + the interest it earned to do what you want with.

You will have good credit far before the 2 years are up.

You might even find that the loan payments + the loan interest in total is LESS than the value of your CD when at the end of the 2 years!


#6

Carrie

Thanks for the good advice I'm defiantly working on my credit score.

#7

cwemoy

The information in here is just more than enough. Most of the time, many people choose to wholly rely on what they read online without even caring to check whether it is updated or not. Most people have a lot of work to do on their credit scores but most have never even secured a loan yet. Which makes me beg the question of whether there is any need of borrowing when I have no hint of financial constraints.

#8

Manila, Philippines
Thank author of this post/comment"Information Creditors must know"

Nice to read your post, you have great advice here. It gives an idea and it must spread out for others to know. Thanks for sharing this article.

#9

Manila, Philippines
Thank author of this post/comment""Information Creditors must know""

Very interesting post. It is important to know by all the creditors for them to have knowledge on how to manage their loans or before they get their loans neither.

Thank author of this post/comment""Information Creditors must know""

Very informative. It's true, you can just google anything online and everything is there. And the problem boils down to whether it's accurate or not.

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