Frequently Asked Questions

  1. Reading your credit report
  2. What information is in the credit file?
  3. How does information get in the credit file?
  4. How long does information stay in the credit file?
  5. Who can look at my credit file?
  6. What questions can a creditor ask?
  7. How does divorce affect a credit report?
  8. What is a national credit bureau?
  9. What is a Credit Reporting Agency (CRA) e.g. OneSource Credit Reporting LLC?
  10. How long does a federal tax lien stay on my credit report?
  11. Can my doctor’s name appear on my credit report if I didn’t pay the bill?
  12. What should I know about a bankruptcy?
  13. What are Public Records?
  14. What are Inquiries?
  15. What is a Credit Score?
  16. How is my credit score created?
  17. What can I do to improve my credit score?
  18. How to request your credit report.
  19. Identity Theft
  20. Your Rights Under the Fair Credit Reporting Act

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Reading your credit report

Receiving a copy of your credit report can cause more questions than provides answers. It is important to understand that there are three national credit bureaus (repositories of consumer credit information): Equifax, TransUnion and Experian.

Each of the credit reports provided by these credit bureaus may contain different information. This is because contributing of credit information (accounts receivable) is voluntary, not all credit grantors contribute their accounts receivable information to the credit bureaus, some only contribute to one bureau, some contribute to 2 bureaus and some contribute to all three bureaus. Most of your national credit grantors, Mastercard, Visa, etc contribute to all three credit bureaus on a monthly basis.

 

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What information is in the credit file?

Any company that has issued credit to a consumer, whether it involves a charge account, bank loan, auto loan, mortgage loan, education loan, collection or charge off account, can provide information to the national credit bureaus. These companies must become members of the national credit bureaus and adhere to the permissible purposes requirements, as well as the bureaus’ requirements for reporting information.

Each of the three credit bureaus has a different format for producing their credit reports. It is also important to know that a report provided directly to the consumer by the three credit bureaus and a report that is provided to a creditor, mortgage lender/broker will be in a different format. Most of the time a mortgage lender/broker will obtain credit from all three bureaus and this information is merged into one file for the lender to read. This format is easier for a lender to read. The consumer credit report is more consumer-friendly.

All credit reports, however, display their information in four different groups; Identifying information, credit history, public records and inquiries.

Identifying information is simply the information that identifies you; your name, address, social security number.

bullet The report will also reflect any variations in the identifying information when you applied for credit due to our old favorite “human error” e.g. you can cause a file variation by using a nickname, or forgetting your social security number and putting down the wrong social security number on an application or simply by not writing clearly when completing your credit application leaving the credit grantor to guess.
bullet The credit grantor can also cause a “human error” file variation by not inputting the information correctly that you provided.
bullet These file variations will stay on your credit report but generally do not have much importance when viewing by a potential credit grantor.
bullet If you purposely use a different social security number or name, you may fool the bureaus for a short period of time. But eventually their sophisticated matching algorithms will be able to identify all the trade belonging to you.

Other identifying information might include previous addresses, also known as names (maiden names, previous marital names), your date of birth and current and previous employments.

Credit History is the information provided by the credit grantor. In the credit world these accounts are known as tradelines. Each tradeline will contain:

bullet the account number assigned by the credit grantor
bullet date the account was opened by the credit grantor
bullet the credit limit established at the time the account was opened, or the highest balance you have ever used on that account
bullet the balance owing at the time the creditor reported the information to the bureau
bullet the date last payment was made
bullet the date the account information was last reported to the credit bureaus (which could be monthly or periodically depending on the credit grantors internal procedures)
bullet who is responsible for the account (individual, joint, co-maker, authorized user)
bullet and, most importantly, if and when the account payment was ever 30 days or more late

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How does the information get in the credit file?

Any company that has issued credit to a consumer, whether it involves a charge account, bank loan, auto loan, mortgage loan, education loan, collection or charge off account, can provide information to the national credit bureaus. These companies must become members of the national credit bureaus and adhere to the permissible purposes requirements, as well as the bureaus’ requirements for reporting information.

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How long does information stay in the credit file?

In general, there is a “7 year rule” for reporting derogatory information depending on the type of account that contains the derogatory information.  

bullet Open accounts, without any derogatory information, can remain in the file indefinitely. There is no law that governs “good account information.” However, most creditors will stop reporting a trade to the national credit bureaus after 7 years from the date of last activity on the account.
bullet Derogatory information, such as late payments, collections, charge offs, repossessions stay on the file for 7 years.
bullet Paid tax liens, 7 years from date of payment.
bullet Unpaid Federal tax liens remain on the file until paid, or 10 years if in accordance to Title 26 IRS Code, 6502(a)(1).
bullet Chapter 13, 7 years from date filed (date of entry of the order of relief).
bullet Chapter 7, 10 years from date filed (date of entry of the order of relief).

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How does the information get in the credit file?

Any company that has issued credit to a consumer, whether it involves a charge account, bank loan, auto loan, mortgage loan, education loan, collection or charge off account, can provide information to the national credit bureaus. These companies must become members of the national credit bureaus and adhere to the permissible purposes requirements, as well as the bureaus’ requirements for reporting information.

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How long does information stay in the credit file?

In general, there is a “7 year rule” for reporting derogatory information depending on the type of account that contains the derogatory information.  

bullet Open accounts, without any derogatory information, can remain in the file indefinitely. There is no law that governs “good account information.” However, most creditors will stop reporting a trade to the national credit bureaus after 7 years from the date of last activity on the account.
bullet Derogatory information, such as late payments, collections, charge offs, repossessions stay on the file for 7 years.
bullet Paid tax liens, 7 years from date of payment.
bullet Unpaid Federal tax liens remain on the file until paid, or 10 years if in accordance to Title 26 IRS Code, 6502(a)(1).
bullet Chapter 13, 7 years from date filed (date of entry of the order of relief).
bullet Chapter 7, 10 years from date filed (date of entry of the order of relief).

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Who can look at my credit file?

Section 604 of the Fair Credit Reporting Act (FCRA) sets forth the requirements called “permissible purposes,” that must be met before anyone can inquire into your confidential credit file. You can find the complete text of the FCRA, 15 U.S.C §1681-1681u, at the Federal Trade Commission’s web site (hhtp://www.ftc.gov). In general, a consumer reporting agency may furnish a report under the following circumstances:

bullet In response to subpoena issued in connection with proceedings before a Federal grand jury.
bullet In connection with a credit transaction.
bullet For employment purposes.
bullet For insurance underwriting purposes.
bullet In response to request by head of a state or local child support enforcement agency.
bullet A business transaction that is initiated by the consumer.
bullet To review an account to determine whether consumer continues to meet the terms of the account.

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What questions can a creditor ask?

The Equal Credit Opportunity Act was established to make sure everyone is treated fairly when they apply for credit. A lender or creditor cannot say, write or advertise in a manner which would discourage an individual from applying for credit.

A creditor MAY NOT:

bullet Discourage you from applying because of your sex, marital status, age, race, national origin or because you receive public assistant income.
bullet Ask you to reveal your sex, race, color, religion or national origin. If you are applying for a real estate loan, a creditor may ask you to “voluntarily” disclose this information (except for religion). This information helps federal agencies enforce anti-discrimination laws.
bullet Ask about your marital status when you are applying for an individual unsecured account, unless you live in a community property state: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas and Washington. A creditor in any state may ask for this information if you apply for a joint account or one secured by property.
bullet Ask if you’re widowed or divorced. When permitted to ask about marital status, a creditor may only use the terms: married, unmarried or separated.
bullet About your plans for having children.
bullet About whether you receive child support, alimony or separate maintenance payments unless you will rely on that income to show credit worthiness to pay back the debt.
bullet if a woman, inquire if you will stop working to raise children.

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How does divorce affect a credit report?

A divorce decree does not relieve you of responsibility with the original creditor if you signed the original contract. If an account was awarded to an ex-spouse in the divorce decree, you must contact the original creditor and request that you be released from the obligation. It is up to the creditor whether they will release you from your contractual responsibility.

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What is a national credit bureau?

There are three national credit bureaus (repositories of credit information) that collect and maintain credit information on millions of consumers. These bureaus are Equifax, Experian and TransUnion. The national credit bureaus collect the information from both national and local banks, credit card companies and collection agencies. The bureaus also gather public record information concerning unpaid taxes, liens, judgments and bankruptcies on a national basis.

The companies that provide their account information to the national credit bureaus must become a member of the credit bureau and provide their information to the bureau in accordance with the bureaus’ requirements. Most of these companies will submit their information every 30 to 60 days; however, there are no laws that govern how often or who should report their account information to the national credit bureaus. The national credit bureaus are always soliciting information from companies in order to enhance the quality of their data base.

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What is a Credit Reporting Agency (CRA) e.g. OneSource Credit Reporting LLC?

A CRA does not gather or maintain credit information. There are several hundred independently owned CRAs nationwide. Through unique and advanced technology, a CRA allows lenders/creditors the ability to access the credit files from all three national credit bureaus. The information is then merged into one file and the duplicate trades deleted; providing the lender/creditor with one easy-to-read credit report which contains the information from all three bureaus. CRAs are more commonly used by the mortgage lending industry. CRAs offer a valuable product with their local presence, national coverage, knowledgeable customer service, rapid rescores and other products that are designed to assist the fast paced mortgage industry.

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How long does a federal tax lien stay on my credit report?

In accordance with Title 26 IRS Code, Section 6502(a)(1), IRS’ ability to collect any federal tax expires 10 years after it assesses the tax, unless it commences a lawsuit to collect the tax, obtains a favorable court judgment and periodically renews the judgment. The 10 year time period begins to run on the date IRS assesses the tax, not on the date it files a tax lien.

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Can my doctor’s name appear on my credit report if I didn’t pay the bill?

In accordance with the FACTA (Fair and Accurate Credit Transactions Act) which was signed into law December 2003, a consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information other than medical contact information. In response to this requirement, the national credit bureaus are reporting any medical provider name only as “medical” on the credit report.

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What should I know about a bankruptcy?

BANKRUPTCY

bullet Bankruptcy
bullet What is Personal Bankruptcy?
bullet Before you file for Personal Bankruptcy...
bullet What is Involuntary Bankruptcy?
bullet Chapter 13 Wage Earner Debt Adjustment 
bullet Chapter 7 Liquidation 
bullet Dischargeable Debt 
bullet Non-dischargeable Debt 
bullet Dismissed Case
bullet Automatic Stay
bullet Bankruptcy affect on a Joint Account Holder or Co-Signer
bullet Bankruptcy affect on a divorce
bullet How often can a Bankruptcy be Filed
bullet Can I pick and choose the creditors to include in the bankruptcy?
bullet Can I keep my car if I file bankruptcy
bullet Bankruptcy affect on Mortgage lien
bullet Foreclosure and Filing Bankruptcy
bullet How does a bankruptcy affect a credit report


BANKRUPTCY
Filing for bankruptcy usually occurs when an individual’s debt begins to exceed their income or their ability to pay back their debt has been severely altered. Most bankruptcy laws require that creditors stop all collection efforts against the debtor while the debtor is working out a plan and awaiting a discharge of debt. Filing of a bankruptcy becomes a public record and will be displayed each time a credit report is accessed by a potential creditor, insurance company or mortgage lender. The criteria for each of these industries is different when it comes to whether they will sell you a car, give you an insurance policy or sell your home and the filing of a bankruptcy may have a substantial impact.

What is a Personal Bankruptcy?
An individual(s) files a petition with the bankruptcy court to obtain protection from collection efforts of their personal debt from their creditors. Bankruptcy involves a Federal court proceeding in which the individual’s obligations are balanced against his or her creditor’s rights. The individual wants to eliminate the debt completely or “wipe the slate clean”. The creditor wants to collect as much of the debt as possible. The bankruptcy proceeding is the forum in which the debtor and the creditor resolve their differences.

Before you file for Personal Bankruptcy...
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 produced stronger guidelines for a consumer who intends to file for bankruptcy protection. With limited exceptions, a consumer must go through a pre-bankruptcy credit counseling program and a pre-discharge education program. The consumer can only use a counseling organization that has been approved by the Department of Justice’s U. S. Trustee Program and appears on their approved list. You can check their list by going to www.usdoj.gov/ust/eo/bapcpa/ccde/cc_approved.htm or at the bankruptcy clerk’s office in the district where you file.

Within six months prior to filing for bankruptcy a consumer must go through a pre-bankruptcy credit counseling program and obtain a certificate of proof to be submitted with the filing. Once bankruptcy has been filed the consumer must go through a pre-discharge debtor education program and obtain a certificate of proof before the debts included in the bankruptcy can be discharged.

Pre-bankruptcy counseling will include an explanation of the counseling fee, evaluation of your personal financial situation, alternatives to bankruptcy and a personal budget plan. A counseling session can take place in person, by telephone or online and lasts approximately one hour. The counseling fee is generally around $50. If you cannot afford this fee, you should notify the counselor prior to the beginning of the session and request the counseling fee be waived. A counseling organization is required to waive the fee if you cannot pay for the service.

The pre-discharge debtor education course will include an explanation of the counseling fee, information on developing a budget, managing money and using credit wisely. A session can take place in person, by telephone or online and last approximately one-two hours. The typical fee is $50 - $100. If you cannot afford this fee, you should notify the counselor prior to the beginning of the session and request the counseling fee be waived. A counseling organization is required to waive the fee if you cannot pay for the service.

For more information visit: www.usdoj.gov/ust.

What is an Involuntary Bankruptcy?
Creditors, rather than the individual debtor, file the petition in bankruptcy.

Chapter 13 – Wage Earner Debt Adjustment
This type bankruptcy is designed for individuals who have a regular income. They are allowed to keep their property and repay creditors under a repayment plan over an extended period of time. The individual pays the Chapter 13 trustee, who distributes the funds for a small fee. The debt is discharged (relieved of further payment) after the individual completes the repayment plan as agreed. The repayment plan is generally 3-5 years.

Chapter 7 – Liquidation
This type bankruptcy is commonly referred to as “straight or liquidation” bankruptcy and used to “wipe the slate clean.” A trustee is appointed to collect and sell all property that is not exempt and to use any proceeds to pay creditors. The individual receives a discharge, which means that he or she is relieved of the obligation to pay certain types of debt as outlined in the bankruptcy petition. The discharge date is generally a few months after the filing of the petition.

What is a Discharge in Bankruptcy?
In bankruptcy, a discharge is an order issued by the court that permanently prohibits creditors from taking action to collect certain debt.

Dischargeable Debt
Dischargeable debts are those that the debtor is no longer personally liable to pay after the bankruptcy proceedings are concluded.

Non-Dischargeable Debt
These types of debt are those that cannot be canceled because of the bankruptcy proceedings. The debtor is still responsible for paying. There are eighteen categories of debts that cannot be discharged in bankruptcy. Some examples:
indent most tax debt
indent secured debts
indent alimony and child support obligations
indent student loans (there are some exceptions)
indent debts arising from fraud or false representations
indent debts for willful and malicious injury
indent debts to embezzlement, larceny, or the misleading of funds the
xxxxxxidebtor held as a trustee or fiduciary.
indent debts for last-minute purchases of luxury goods or services - or
xxxxxiiiitaking out cash advances on a credit card

Reaffirmation Agreement
A reaffirmation agreement is an agreement by which a debtor becomes legally obligated to pay all or a portion of an otherwise dischargeable debt. Since reaffirmed debts are not discharged, the Bankruptcy Court will normally permit you to reaffirm only secured debts where the collateral is important to your daily activities.

Dismissed case
A dismissal order ends the case before a discharge order is entered. When the Court dismisses the case, the “automatic stay” ends and creditors may start to collect debts again. An order of dismissal does not free the debtor from any debt.

Automatic stay
A temporary restraining order that automatically goes into effect the moment a debtor files a bankruptcy case and continues until the bankruptcy case concludes. The purpose of the automatic stay is to give the debtor a breathing spell from his/her creditors in which he/she may attempt a repayment or reorganization plan. The automatic stay also protects creditors by averting a scramble for assets and promoting instead an orderly liquidation procedure.

Bankruptcy affect on a Joint Account Holder or Co-Signer
If you are a joint account holder or co-signer and the account was included in a bankruptcy of the other party, the creditor has the option to pursue payment from the remaining party.

Bankruptcy affect on a divorce.
Most spouses have debts to divide when the marriage ends in divorce. The divorce decree will usually allocate the payment responsibility for their debt between the spouses. A divorce decree is merely a contract between the spouses which is enforceable by the family court. The division of debt made in a divorce decree is NOT binding on creditors. If one spouse fails to pay a debt as ordered in a divorce decree and the other spouse was liable on the debt prior to divorce, the creditor is legally entitled to collect from the other spouse.

How often can a bankruptcy be filed?
You can file for Chapter 7 every six years. A Chapter 13 repayment plan can be filed at any time.

Can I pick and choose the creditors to include in the bankruptcy?
You cannot discriminate among your creditors. They must all be included.

Can I keep my car if I file bankruptcy?
Yes. You have to file a reaffirmation agreement with the creditor. The Court has to agree that the debt will not impose an undue burden on you or your dependents and whether it is in your best interest.

Bankruptcy affect on Mortgage lien.
A bankruptcy discharge does not automatically extinguish a lien on property. A lien is a claim by your creditor against the property. The property guarantees payment in the event that you fail to make the required payments. A mortgage lien gives the creditor the right to take the property by foreclosing; to force the sale of your property in order to get paid off.

Foreclosure and Filing Bankruptcy
Filing a Chapter 7 bankruptcy only temporarily stops a lender’s right to foreclose until it gets permission to go forward with the foreclosure proceedings. The automatic stay does not stop foreclosure. When considering bankruptcy, some states fully exempt personal residences and you won’t lose your home.

Filing a Chapter 13 bankruptcy stops foreclosure indefinitely so long as you continue to make the monthly payments as agreed on the current mortgage. Chapter 13 allows you to “buy time” to make payments or make up missed payments through the repayment plan.

Bankruptcy and your credit report
Both The Chapter 13 and Chapter 7 bankruptcies become public record information and will appear on your credit report for the seven or ten years allowed by the Fair Credit Reporting Act.

Each financial related industry has its own criteria on how they judge the reporting of a bankruptcy and their criteria will determine “if” and “when” they will consider extending an individual credit or insurance.

After creditors have been notified that a consumer has filed for bankruptcy, some creditors will report their tradeline information as included in a bankruptcy. It is up to consumer to provide the three national credit bureaus with their bankruptcy papers to insure that all debt included in the bankruptcy is identified on their credit report.

Chapter 13 Wage Earner Debt Adjustment, remains on the credit report for 7 years from date filed, if completed/discharged.

Chapter 7 remains on the credit report for 10 years from date filed.

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What are Public Records?

The public record gathered by the credit bureaus will contain financial data only such as Judgments, tax liens and bankruptcy filings. It does not contain any criminal activities or arrests.

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What are Inquiries?

An inquiry is a list of every creditor or company that has requested a credit report on you. The inquiry will list the name of the company that inquired and the date of the inquiry. It is important to know that in addition to credit grantors who have a permissible purpose for obtaining credit reports, now insurance companies, banks and utilities may obtain credit reports to help in their decisions for opening new accounts. Every time your credit report is viewed, an inquiry is posted.

If you are looking at your consumer report, you will see inquiries that you recognize and some that you do not recognize. This can be due to companies that send out promotional, pre-qualify offers; in this instance, a human does not actually look at your credit information, it is an automated review of your credit information based on predetermined criteria set by the company that will be sending the promotional offer. The promotional inquiries appear only on the consumer credit report and not on a credit report that is requested by a credit grantor.

Inquiries generally do not have an impact on your FICO credit score. However, the FCRA FACT Act has required the bureaus to add an additional score factor whenever the inquiries do have an impact on the score. It is also important to know that multiple inquiries within the same 30 day period from the auto or mortgage industry only count as one inquiry. In most cases, the bureaus maintain the inquiries on your file for 24 months.

What is a Credit Score?

A credit score is a three digit number that is derived from a mathematical calculation (numeric summary) of all the credit information you have in your credit file. Calculation of the credit score only considers credit-related information. Lenders and creditors refer to the credit score as a FICO score. Scores range from 350 to 850. It does not consider age, gender, employment, income, race or religion.

Each of the three credit bureaus, Equifax, TransUnion and Experian have a FICO score. The Equifax Beacon, the TransUnion Empirica and the Experian FairIssac Model. It is important to know that there are multiple versions of the FICO score models used by each of the three bureaus. FICO has developed score models for the auto industry, insurance, mortgage, consumer credit score and others. Therefore, it is possible that your consumer score will not match the score that your creditor is using based on what score model they use.

For a long time credit grantors have been using a “credit score” to evaluate credit applications. More recently other industries such as insurance companies, landlords and even employers have begun relying on a credit score. These credit scores have remained a complete mystery until now. They are still somewhat of a mystery but now there is a lot more information available to the consumer explaining how a credit score is compiled and how it affects your ability to obtain credit. You can go to myfico.com for a complete explanation of FICO scoring.

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How is my credit score created?

Understanding what information goes into the calculation of the credit score will help you to understand what you need to do to improve your score. The score is a mathematical calculation based on all the information within these five categories and the percentage represents the importance of the information in that each category. There are also many items within each category that is considered when calculating the score. No one piece of information will determine your score.

Payment History 35%
Amounts owed 30%
Length of credit history 15%
New credit 10%
Types of credit used 10

Payment History reviews
Account payments on credit cards, retail accounts, finance companies, mortgage, etc.
Public records, bankruptcy, judgments, suits, liens, wage earner plan
Severity of late payments, how long past due and how many times past due
Amount past due
How recent the late payments or collection items
Number of past due accounts on file
Number of accounts paid as agreed

Amounts owed includes
Amount owing on accounts
Amount owing on specific types of accounts
Lack of specific types of accounts with or without balance
Number of accounts with balances
Proportion of balances to total credit limits on certain types of accounts
Proportion of balances to original loan on installment loans

Length of credit history
How long have the accounts been opened
How long have accounts been opened, on specific types of accounts
How long since account was active

New credit
Number of recently opened accounts, and proportion of new accounts to existing accounts
Number of recent inquiries
Recently opened account by type of account
How long since credit inquiry(s)
Re-establishment of positive credit history following past payment problems

Types of credit used
Presence of recent information on various types of accounts, loans, mortgage, finance companies

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What can I do to improve my credit score?

There is no quick fix for improving your credit scores.

bullet Develop good paying habits. Late payments and collections have a major impact on your credit score.
bullet If you have missed payments, bring them current. A current late payment can cause your score to drop 100 points. The longer you pay your bills on time the better your score will be.
bullet Derogatory information stays on your credit file for seven years from date of last activity. The older the information, the less importance it will have on your score.
bullet Keep balances low on credit cards. High balances in proportion to the credit limits can affect your score.
bullet Don’t close all unused credit cards. The score will look at available credit to credit used. If you close all unused credit cards, the less available credit you have and then the proportion of credit used to available credit will be high and can affect your score
bullet Don’t open up several new cards at once. This could lower your score. If you want more available credit, spread out applying for new credit over a period of time

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How to request a copy of your credit report.

You can request a copy of your consumer report directly from the three bureaus, Equifax, TransUnion and Experian each year free of charge go to annualcreditreport.com. If you want to review your credit file more than once a year, each bureau will charge you approximately $9.50, which is a charge approved by the FCRA, FACT Act.

If you want to send a mail request, send your requests to:
Annual Credit Report Request Service
P O Box 105281
Atlanta, GA 30348-5281

If you want to request your annual credit report by phone, call:
1-877-322-8228
For hearing impaired consumer access to TDD services: 1-877-730-4104

Identity Theft

Identity theft occurs when someone uses your name, Social Security number, date of birth, or other identifying information, without authority, to commit fraud. For example, someone may have committed identity theft by using your personal information to open a credit card account or get a loan in your name. For more information, visit www.consumer.gov/idtheft or write to: FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, N.W. Washington, D.C., 20580.

Your Right under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). For more information, including information about additional rights, go to www.ftc.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.