Note from the PRIVACY Forum Moderator: The following information has been provided to the PRIVACY Forum by the Privacy Rights Clearinghouse (PRC). In some cases, the items have been reformatted locally for online presentation. Index descriptions for FTP/listserv/gopher access have been chosen locally. Other than such formatting and index descriptions, all information below in this file is the responsibility of the PRC, and any questions regarding that information should be directed to the PRC at: Phone: 619-298-3396 (800-773-7748 Calif. only) Fax: 619-260-4753 E-mail: prc@teetot.acusd.edu.. ------------------------------------------------------------------------- Privacy Rights Clearinghouse Fact Sheet #6 How Private Is My Credit Report? Credit reports are a gold mine of information about consumers. They contain Social Security numbers, addresses, credit payment status, employment, even legal information. To address concerns about who has access to this potentially sensitive information, California has passed a new law which enhances consumers' privacy rights. The credit bureaus have also adopted voluntary guidelines to improve consumer services. What is in my credit report? Your credit report is actually a credit history. It is created by reports from many different sources. Firms which have granted you credit make regular reports about your accounts to the credit bureaus. If you are late in making payments, utilities, hospitals, landlords and others to whom you owe money may report this information to the credit bureaus. Your bank may also inform the credit bureaus if you overdraw your account. In addition, your credit report contains your name and any name variations, your address, Social Security number and employment information. Your legal record may also be included in your credit report, including marriage, divorce, liens, bankruptcy and other matters of public record. Is there anything that cannot be in my credit report? Certain pieces of personal information cannot be in your credit report: o Medical information (unless you give your consent). o Adverse information, including bankruptcy, that is more than 10 years old. o Debts that are more than seven years old. o If the report has been requested by a prospective or current employer, information about age and marital status cannot be included. Who has access to my report? Anyone with a "legitimate business need" can gain access to your credit history, including: o Those considering granting you credit. o Landlords. o Insurance companies. o Employers and potential employers. Some companies known as "super bureaus" buy credit reports in bulk and then re-sell them. Super bureaus are regulated by credit reporting laws and must tell the credit bureau who is the ultimate recipient of the file. This is to make sure the report is used for permissible purposes. Your credit report is also used for marketing purposes. Credit bureaus frequently release information from individual credit files to companies that offer "pre-approved" credit cards or other lines of credit. They also sell lists of names and addresses to direct marketers. (See the Privacy Rights Clearinghouse free fact sheet "Junk Mail: How Did They All Get My Address?") Federal and state laws provide consumers with these privacy rights: o A new California law (July 1993) requires credit bureaus to allow you to "opt out" of pre-approved credit and other marketing offers. The credit bureaus must provide a toll-free number you can call to ask to be removed from these lists. You may also notify the credit bureaus in writing. To have your name removed from lists sold to credit grantors and marketers, contact the three major credit reporting companies as follows: o TRW Telephone: (800) 527-3933 Mail Preference Service, 901 N. International Parkway, No. 191, Richardson TX 75081. o Equifax Options Telephone: (800) 219-1251 Marketing Decision Systems, P.O. Box 740123, Atlanta GA 30374-0123. o TransUnion Telephone: (800) 851-2674 555 West Adams St., 8th Floor, Chicago IL 60661. o If your credit report is used for employment purposes, you must be notified in writing and offered a free copy of your report. o You have the right to know who has inquired about your credit file or requested your report over the last six months. The names of inquirers are listed on your credit report. How can I find out what is in my credit report? At your request, credit bureaus must provide you with a copy of your own credit report. You can obtain a copy of your credit report by contacting each of the three major credit bureaus: TRW, Equifax and TransUnion. TRW will give you one free copy of your credit report per year. There may be a fee for ordering your report from Equifax and TransUnion. However, California law requires the charge to be no more than $8. If you have been denied credit based on information in your report, the credit bureau must provide you with a free copy upon request. To find out how to obtain a copy of your report call: o TRW (800) 392-1122 o Equifax (800) 685-1111 o TransUnion (800) 851-2674 After the credit bureau receives your request, it must mail a copy of your report to you within five working days. How will I know if there is negative information in my report? In the past if your credit report contained negative information, you probably would not find out about it until you were turned down for credit or ordered a copy of your report. Now, a new state law requires that creditors tell you before putting negative information into your file. After you have been notified, however, the creditor may report additional negative information about that transaction or line of credit without giving you any further warning. If you disagree with a creditor's report of negative information, the creditor must put a notice of that dispute in your file. What can I do if there are errors in my report? Credit bureaus are regulated under the California Consumer Credit Reporting Agencies Act and the federal Fair Credit Reporting Act. These laws specify that you have a right to have errors corrected. Credit reports list an address and/or a phone number to request an investigation of inaccurate information. Once you have notified a credit bureau of your dispute, it has 30 days to investigate. The bureau must consider all the relevant evidence you give it, and errors must be corrected. If you ask the credit bureau to do so, it must send a corrected report to anyone who has requested your file in the past six months and to anyone who has requested it in the last two years in relation to employment. If you disagree with the result of the credit bureau's investigation, you have the right to submit a 100-word explanation of the discrepancy. The credit bureau must include that information in your file. Some consumers who have had errors in their credit report corrected find the incorrect information reappears in their files at a later date. California law now requires credit granting companies and credit bureaus to establish a system to handle this problem. However, even if you have had errors in your report corrected, it is wise to periodically check your credit report to make sure the errors do not reappear. Can I have negative information deleted if the entry is not an error? Negative information in your credit report usually can be removed only by maintaining a good credit record over a number of years. Companies or individuals promising quick fixes are almost always fraudulent. For help with re-establishing good credit, the Consumer Credit Counseling Service may be able to assist you. This nonprofit group has offices in most cities. To find the office nearest you, call (800) 388-2227. Beware of other credit repair services. Generally they promise a lot, charge a lot and deliver very little. What is the difference between a credit report and an investigative consumer report? Some credit bureaus and "super bureaus" provide investigative consumer reports which are much more detailed than credit reports. Among those using these reports are insurance companies, employers and landlords. Investigative reports can contain information on your character, reputation, personal characteristics and life style. This information may be gathered through personal interviews with neighbors, friends, associates or acquaintances, as well as a search of public documents such as property and court records. Because the information in these reports is so detailed and may be sensitive, both federal and state law require the person who orders the investigative report to inform the subject of the report. However, there are times when an employer does not have to tell an employee he or she is the subject of an investigative report. This includes when the report is to be used to consider promoting or firing an employee or when an employee is being investigated for possible criminal activities. You have the same rights to correct and dispute incorrect or incomplete information in an investigative report as you have in a credit report. For more information For in-depth information on credit and banking, contact the organizations listed below. They have developed several informative brochures on these topics. o Bankcard Holders of America, 560 Herndon Parkway, Suite 120, Herndon, VA 22070. (703) 481-1110. o Consumer Action, 116 New Montgomery St., Suite 223, San Francisco, CA 94105. Complaint Referral Hotline (415) 777-9635. (TDD/voice (415) 777-9456). o Federal Trade Commission, Public Reference, Washington D.C. 20580 (request the FTC's publications order form). For assistance in re-establishing good credit, contact the Consumer Credit Counseling Service at (800) 388-2227. California Civil Code section 1785 contains the state law on consumer credit reporting agencies. Federal law 15 USC 1681 contains the Fair Credit Reporting Act. For more information on credit and other privacy-related issues, contact the Privacy Rights Clearinghouse hotline at (800) 773-7748. Issued November 1992 Revised June 1993 Hotline: (800) 773-7748