What Everyone Should Know About the Fair Credit Reporting Act

There are certain types of consumer protection available to everyone in the U.S. Knowing and understanding these can help ensure that you know your rights in various situations.

One such consumer protection is the Fair Credit Reporting Act.

If someone does a background check on you for employment, tenant screening, or something covered by the FCRA, they must follow what it outlines.

As a side note, doing an online search of someone’s public records doesn’t necessarily fall under the regulatory umbrella of the Fair Credit Reporting Act, as long as you’re not using the information you find to make a decision that’s covered.

Below, we detail what every consumer should know about the Fair Credit Reporting Act and its implications for them.

What is the Fair Credit Reporting Act?

The FCRA is a federal law regulating how consumer credit information is collected. The Act also regulates access to credit reports. The regulation was passed initially in 1970 to promote fairness, accuracy, and privacy regarding personal information that credit reporting agencies kept in their files.

Primarily, the Act governs how a credit bureau can collect and subsequently share information about consumers.

Businesses frequently check credit reports for different purposes, such as when they’re deciding whether or not to make a loan to someone or sell them insurance.

The FCRA outlines certain rights to consumers, such as the ability to access their own credit reports for free.

What Is a Credit Reporting Agency?

Credit reporting agencies are businesses that collect information about the financial and credit histories of consumers.

If you apply for a home loan or a credit card, your credit history is going to determine not only whether or not the lender decides to extend financing to you at all, but if so, the terms of your loan, like the interest rate you’ll get.

There are three primary credit reporting agencies in the U.S. which are Experian, Equifax, and TransUnion.

The data these three bureaus collected is used as a compilation for the calculation of your credit score.

If you’ve gotten any kind of consumer credit, your lending information will have been reported to at least one of the three bureaus. The bureaus receive their information from other companies. Those companies are called data furnishers.

Data furnishers will send information about their customers’ accounts.

Some of the information they send might include the current balance and your on-time payment history. Companies aren’t required to submit information like this to credit bureaus—they do it voluntarily.

Credit bureaus also look at public records to find bankruptcy records and utility payments, but these agencies don’t include personal demographic information like your religion, race, or income.

Since the information is so important for lending decisions, you have the right to make sure everything your credit report contains is accurate. Under the Fair and Accurate Transaction Act or FATA, consumers can request a free copy of their credit report every 12 months.

How Does the FCRA Work?

The FCRA’s rules cover how consumer credit information is obtained and kept and how it’s shared with other people, including the consumer. The two federal agencies that oversee and enforce the Act’s provisions are the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB).

The Act describes all the data that bureaus are allowed to collect, including past loans, current debts, and bill payment history. The information may also include present and previous addresses, employment information, arrest records, whether they owe child support and if they’ve filed for bankruptcy.

The law limits who can access a credit report and under which circumstances they can see it. For example, if you apply for a loan like a car loan or mortgage, lenders can request a report. If you’re applying for an insurance policy, the insurance company can access your credit report.

The government can request a report in response to a subpoena or if someone is applying for certain licenses issued by the government.

An employer can request an applicant’s credit report, but the applicant has to give them written permission.

Your Rights As a Consumer

Along with the requirement that you’re entitled to one free credit report every three months from each of the three big credit bureaus, other rights consumers have include:

Other Things to Know

Beyond what’s above, the following are more details and other things to know about the Fair Credit Reporting Act.

Understanding your rights, broadly as a consumer, is important. You want to protect yourself financially and ensure that you’re not being treated illegally in any environment, whether you’re trying to rent a home, get a loan, or you’re applying for a new job.

The Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB) enforce the Fair Credit Reporting Act. If you think that someone has gotten access to your information in a way that goes against the Act, you can contact these organizations, and they can help you decide what to do next.

You should also make it a regular habit to check your credit report and take advantage of your right to a free report every 12 months. You’d likely be surprised by how often reports contain inaccuracies that need to be corrected.

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