Fair Credit Reporting Act (FCRA) provides individuals with many rights related to the collection
and dissemination of their credit history. Here is the second part of
a summary of their major rights under the
Consumer reporting agencies (CRA) may not report outdated negative information.
Thus, negative information more than seven years old or bankruptcies more
than 10 years old may not be reported by CRAs.
Access to an individual consumer's file is limited.
CRAs may provide information only when a valid necessity exists for its
use, typically the consideration of a credit application by a lender,
landlord, or employer.
Individuals must give consent in writing for reports to be provided to
employers during the employment application process.
When applying for employment, consumers must provide written consent for
a prospective employer's receipt of a credit report.
Individuals may limit “prescreened” offers of credit and insurance.
Unsolicited “prescreened” offers for credit and insurance must
include a toll-free phone number for removal of consumers' names and
addresses from source lists.
Individuals may seek damages from those who violate the FCRA.
The FCRA provides a right to damages for willful and negligent violations
of the FCRA. Plaintiffs alleging statutory violations must demonstrate
"concrete" or "real" harm to recover.
Identity theft victims and active duty military personnel have additional
rights under the FCRA.
Identity theft victims may place fraud alerts and active duty military
personnel serving at a location away from their regular duty station may
place "active duty" alerts in their credit file to counteract
South Florida defense attorneys at Loan Lawyers are here to review a difficult financial situation to assess all of your
available options. At
Loan Lawyers, our South Florida consumer rights and debt defense
attorneys help individuals with financial problems that cause hardship. To schedule
a free consultation at any of our three conveniently located offices, contact
Loan Lawyers today by calling (888) FIGHT-13 (344-4813).