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Four Basic Steps to FCRA ComplianceStep 1: Disclosure & Written Consent. Before requesting a consumer or investigative report, an employer must:Step 2: Certification To The Consumer Reporting Agency.Step 3: Provide Applicant With Pre-Adverse Action Documents.Step 4: Notify Applicant Of Adverse Action.
The FCRA requires agencies to remove most negative credit information after seven years and bankruptcies after seven to 10 years, depending on the kind of bankruptcy. Restrictions around who can access your reports.
Credit Report Adverse Action Letter A post-decision form sent by entities to consumers after deciding to deny/reject them due to their credit score and/or other information found in a consumer credit report.
Disclosures to consumers. (a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: (1) The nature and substance of all information (except medical information) in its files on the consumer at the time of the request.
The law was passed in 1970 and amended twice. It is primarily aimed at the three major credit reporting agencies Experian, Equifax and TransUnion because of the widespread use of the information those bureaus collect and sell.
The FCRA applies to any company that collects and sells data about you to third parties. Such companies, known as consumer reporting agencies, must follow the stipulations of the FCRA. The three most well-known consumer reporting agencies in the U.S. are Equifax, TransUnion and Experian.
An adverse action notice is to inform you that you have been denied credit, employment, insurance, or other benefits based on information in a credit report. The notice should indicate which credit reporting agency was used, and how to contact them.
The FCRA regulates:Consumer reporting agencies;Users of consumer reports; and,Furnishers of consumer information.
Properly inform the applicant of adverse action: In your final adverse action letter, you must explain your choice and tell the applicant that they have the right to dispute your decision. Provide the necessary information for them to get another copy of their report.
The three major credit reporting bureausEquifax, Experian, and TransUnionas well as other, more specialized companies, collect and sell information on individual consumers' financial history.