Building a Better Credit Report
courtesy FTC
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. The form is at the back of this brochure; or you can
print it from
ftc.gov/credit. 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. Your letter may look something like the one on page 8.
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.
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For more information,
see ID Theft: What's
It All About or
Take Charge: Fighting Back Against Identity
Theft at
www.consumer.gov/idtheft. |
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