If you’ve ever been blindsided by negative information on your credit report, you may have wondered why you weren’t notified of the problem. Indeed, although the Fair Credit Reporting Act (FCRA) outlines requirements for credit report notifications, some creditors – and especially debt collection agencies – do not abide by the law. Here are some examples of notification requirements under the FCRA:
Before sending negative information: When they extend credit, creditors must notify you that delinquencies are reported to credit bureaus. According to the law, the notification can be included with a monthly bill, and say something to the effect that the creditor may report information about your account to consumer reporting agencies, and that late payments, missed payments, or defaults can appear on your credit report.
However, they don’t necessarily have to send you a separate notice. Nor is there any requirement that you must be notified again when a debt becomes delinquent and a creditor reports to credit bureaus.
After sending negative information: If a debt collection agency or creditor reports something negative about your account, they must notify you of that action within 30 days.
Fraud or identity theft: If you have been the victim of fraud or identity theft and have notified a third-party debt collection agency that the debt is fraudulent, the debt collector is required to provide you with information about your rights in debt collection.
Items removed following a dispute: If you’ve disputed an item on your credit report and the negative information was removed, it cannot reappear on your credit report unless you’re notified in writing within five days.
Adverse actions: If you are denied employment, insurance, or credit because of your credit report, the company that denied you must tell you that your credit report was the reason for denial, as well as the name and contact information of the credit reporting agency that furnished the report.
If you or someone you know is the victim of credit report issues, complete our online form or call 475-277-2200. Lemberg Law’s legal team will evaluate your case at no cost to you, and will help you get the justice you deserve.