Consumer Credit Reporting Agencies ActObligations of Consumer Credit Reporting Agencies 1785.10-1785.19.5
Section § 1785.10
This law requires consumer credit reporting agencies to let consumers see and inspect their credit files if they ask for it and show proper identification. Credit agencies must inform consumers of their rights, how they can receive copies of their files, and provide explanations of any codes used, like credit scores. They also must tell consumers who has received their credit reports in the past two years for jobs or in the past year for other reasons. Additionally, the agencies must disclose who has made inquiries about the consumer's credit in the last year, unless specific exemptions apply based on regulations for reselling credit reports.
Section § 1785.10
This law makes it illegal for credit reporting agencies to prevent or discourage someone from giving a copy of a credit report to the person it's about if there's been a negative decision based on that report. If a credit reporting agency breaks this rule, the Attorney General or other city officials can sue them, and the agency might have to pay a penalty of up to $5,000.
Section § 1785.11
This law outlines when a consumer credit reporting agency can provide someone's credit report. They can do this in a few situations: if a court orders it, if the consumer gives written permission, or if it's for specific purposes like credit transactions, employment, insurance, government benefits, renting a home, or other legitimate reasons. If the agency provides a report for a credit transaction that wasn't started by the consumer, they need permission or it must be for a firm offer of credit. Consumers can choose to opt out from having their information used for unsolicited credit offers, and agencies must have a system to process these requests, including a toll-free number for consumers to call.
Section § 1785.11
This law allows consumers to place a 'security alert' on their credit reports, warning that their identity might have been used without their permission for fraudulent purposes. Consumers can request this alert by phone or in writing, and it must be added within five business days. The alert notifies anyone accessing the report, who then must take extra steps to verify the consumer's identity before approving credit or transactions. The alert lasts at least 90 days and can be renewed. Credit reporting agencies need to provide a 24/7 toll-free number for these requests, and different rules apply to handling existing credit accounts. If a credit reporting agency fails to place an alert as required, it can face penalties. Additionally, specific procedures are laid out for verifying identity if a special request is included in the alert.
Section § 1785.11
This law allows you to put a security freeze on your credit report by sending a written request to a credit reporting agency. A security freeze stops the release of your credit report to others without your approval. The credit reporting agency must freeze your report within three business days of receiving your request and will send you a confirmation with a personal ID number or password. If you want to temporarily lift the freeze for specific purposes, you'll need to provide proper ID, your personal code, and details about who will access your report. You can remove the freeze anytime by providing the necessary identification and code. Typically, agencies can't charge more than $10 for freeze-related services, but it's free if you're an identity theft victim or a senior citizen placing the freeze for the first time. Certain entities, like those you owe money to or government agencies, can still access your report in specific circumstances, even with a freeze in place.
Section § 1785.11
This law states that if you have a security freeze on your credit, the credit reporting agency can't change key details like your name, birth date, social security number, or address without telling you in writing within 30 days. Minor fixes to these details, like correcting spelling, don't require notice. If your address changes, they must notify you at both the old and new addresses. Also, if you have a security alert, you can request a free credit report after 90 days.
Section § 1785.11
This law explains that certain rules don't apply to credit reporting agencies that only resell credit information by putting together data from other agencies. These resellers don't keep permanent databases for creating new credit reports. But if they are using data from another agency, they must respect any security freezes that other agencies have placed on consumer credit reports.
Section § 1785.11
Some companies that deal with checking services or deposit account information aren't required to add security alerts or freezes on credit reports. For example, companies that look into check fraud or handle account closures due to negative banking behavior are exempt from these requirements.
Section § 1785.11
If you don't want to receive credit card offers, you can ask a credit reporting agency to take your name off their list. You can do this by phone or in writing, and once you make this request, it will last for at least two years unless you decide otherwise.
Section § 1785.11
This section defines key terms related to security freezes for specific individuals, like minors and those in foster care or under a guardian's care. A 'protected consumer' is someone under 16, incapacitated, or in foster care. A 'record' is information kept by a credit agency solely for adhering to specific legal obligations. The 'representative' is a person authorized to act for a protected consumer, such as a welfare department, but not a foster parent. A 'security freeze' limits access to a protected consumer's credit file or report. Proof of authority and identification is needed for these proceedings, with specific documentation requirements including court orders or government IDs.
Section § 1785.11
This law explains that certain rules about using a protected consumer's credit report do not apply to specific people or groups. These exceptions include credit monitoring services, people giving you a copy of your own credit report, and government or legal agencies acting under court orders. Agencies like child support services, health care fraud investigators, and tax authorities can also access these reports without following the usual rules.
Section § 1785.11
This law requires credit reporting agencies to place a security freeze on the credit records of minors or other protected consumers when requested by a representative, like a parent or guardian, to protect them from identity theft. To do this, the representative must provide proof of identity and authority, and possibly pay a small fee. However, no fee is charged if the minor is under 16, has experienced identity theft, or is in foster care. The freeze stays in place until it's requested to be lifted by the minor (if they are old enough) or their representative, and it automatically lifts when the minor turns 18. If false information was used to set up the freeze, it can be removed. Special rules apply for minors in foster care, and credit agencies can use various methods to handle these freeze requests.
Section § 1785.12
This law allows consumer credit reporting agencies to give certain information about a person, like their address and employment history, to a government agency. Additionally, if there's a request regarding a foster child’s credit history, the credit reporting agency must block any credit report information and treat it as if it were identity theft, ensuring it’s not shared. This is done to protect foster children from credit issues and misuse of their personal information.
Section § 1785.13
This section lists specific types of information that consumer credit reporting agencies cannot include in credit reports. For example, bankruptcies older than 10 years, lawsuits, and judgments over seven years old, or medical debt should be excluded from such reports. It also explains that if an account was closed by the consumer, this must be indicated in the credit report. Additionally, any bankruptcy data must include the chapter under which it was filed, if known, and medical data cannot be reported without the consumer's consent. Unpaid child or spousal support information needs to be included when verified by government agencies.
Section § 1785.14
This part of the law says that credit reporting agencies must have good practices in place to make sure they only give credit reports to people who will use them for the right reasons. People asking for reports have to prove who they are and promise to use the information correctly. The law outlines specific steps for retail sellers who give credit in person and for those who do it by mail. Credit agencies need to keep accurate records and can't stop others from sharing what's in a credit report, especially if it affects someone negatively. They must also inform those who provide or receive information about their responsibilities.
Section § 1785.15
If you're a consumer, this law allows you to request your credit report from a credit reporting agency. You can get a copy of your credit file, your current credit score, and details about who has looked at your credit information recently. You need to provide proof of identity to access these details. The report can be shared in person, by mail, over the phone, or even electronically, if the agency offers it. If you find errors in your credit report, you can dispute them for free, and the agency must investigate and correct any inaccuracies. You can also place security alerts or freezes on your credit report to prevent unauthorized use, and there are specific rules and steps if you're a victim of identity theft. In some cases, especially for seniors or identity theft victims, fees for these services are waived. You also have the right to take legal action if your data is misused.
Section § 1785.15
This law says that when you ask for your credit score, credit reporting agencies must provide you with certain information. They must tell you what your current score is, the range possible under the model used, key factors affecting your score, when your score was created, and who provided the score. They're also required to inform you that the score they provide might not be the one used by lenders. Credit scores are numeric values predicting credit behavior, not including mortgage or other additional factors. Agencies don't have to create or explain scores they don't use or develop themselves. They also aren't required to keep scores on file or explain scores from others.
Section § 1785.15
This law says that when a credit reporting agency gives you your credit score, it must use a widely-used model, especially for home loans, or one that helps you understand your credit habits and future predictions. They should let you know that the model might differ from what a lender uses. The agency can also charge a fair fee for providing this information.
Section § 1785.15
This law requires credit reporting agencies to provide clear information about the rights of identity theft victims when contacted by someone who suspects they are a victim. If a victim provides a police report or DMV investigative report, they can get up to 12 free copies of their credit file over a year. However, agencies that only resell credit info and don't keep a database don't have to provide these rights. These rules have been in effect since July 1, 2003.
Section § 1785.16
If you disagree with information in your credit report, you can ask the credit reporting agency to investigate it for free. They must look into it and correct any errors within 30 business days, unless they find your dispute irrelevant or lacking enough information. If fixed, the agency can't add the information back unless verified as accurate. You're also notified if your claim is considered frivolous. If you feel resolution isn't satisfactory, you can add a 100-word note to your file explaining the dispute. If something is removed and you request it, the agency must inform others who've seen this report recently. They must prevent errors from reappearing and have rules to handle police reports involving fraud swiftly, blocking disputed information.
Section § 1785.16
If you are a victim of identity theft, a credit reporting agency must remove any credit inquiries from your credit report that were made because of the theft.
Section § 1785.16
This law says that creditors can't sell your debt to a debt collector if you're a victim of identity theft and have given them the right kind of notice about it. However, they can still sell the debt to one of their own related companies, as long as the new company doesn't try to collect the debt. Also, for this law, it doesn't matter whether debt collectors use mail or anything that crosses state lines.
Section § 1785.16
This law says that if a company is just a middleman that combines and organizes credit information from other companies, and it doesn't keep a permanent record of that information, certain rules don't apply to them.
Section § 1785.17
This section explains when a consumer credit reporting agency can charge fees for providing information or services. The agency can charge up to $8 for certain disclosures and fees equal to what they charge for credit reports for other notifications. However, these services must be free if a consumer requests them within 60 days of receiving a notice of negative actions, like a warning from a debt collection agency. Additionally, no charge is permitted for some specific notifications, like informing someone of inaccurate information deletions, if consumers request it within 30 days.
Section § 1785.18
This law requires consumer credit reporting agencies to provide specific details on where they obtained public record information included in their reports. If the report is for employment purposes and contains negative public record information, the agency must ensure the information is complete and current. When creating such reports for employment, agencies cannot include details about a person's age, marital status, race, color, or creed.
Section § 1785.19
This law allows a consumer to sue for a civil penalty of up to $2,500 if someone intentionally and unlawfully accesses or uses a consumer credit file without permission. If successful, the consumer can also receive compensation for legal costs and attorney fees. The lawsuit can be filed by the affected consumer or the person or entity in charge of the file.
Section § 1785.19
This law requires credit reporting agencies to set up procedures that stop a consumer's credit report or info from being shared with others for marketing or unsolicited credit offers, unless the consumer specifically asks for it. The rule doesn't affect credit companies using the information for existing credit accounts.
Section § 1785.135
This law stops credit reporting agencies from including information about liens or similar legal claims on property in a consumer credit report if a court has issued an order removing or canceling those claims.