Credit Repair Laws

Understanding The Credit Repair Laws

When undergoing credit repair you must first understand a list of credit repair laws that will help you legally remove negative items from your credit reports. You are not powerless when it comes to improving your credit score. Since about 79% of credit reports contain errors, your credit could be suffering due to no fault of your own.

That’s why you, as a consumer, are awarded several rights that protect you from such errors and inaccuracies. In today’s advanced technological age, your score may even be suffering due to fraud and identity theft.

The Fair Credit Reporting Act (FCRA)

One of the primary laws of credit repair is the Fair Credit Reporting Act (FCRA), which gives you the right to monitor your credit reports for erroneous information, identity theft, fraud, etc. Passed in 1970, the law allows consumers to understand the reasoning behind their credit scores.

Under the FCRA, the following laws are applicable:

  • A negative account item (i.e.:  late payment, collection account, charge-off, etc.) can only remain on your credit report for a designated amount of time (usually 7 years or less).  Bankruptcies may take 10 years to get removed.

  • Everyone is entitled to one free credit report per year.  The same rule applies if you’re denied credit or a loan.

  • Nobody can access your credit file, unless there’s a legitimate business reason (i.e.:  applying for a loan, renting an apartment, getting a job, etc.).

  • All credit reporting agencies must maintain accurate information on a consumer’s file.  If the consumer disputes a piece of data, the agency has 30 days to investigate the case and provide proof that the data is accurate.  If not, the item must be removed.

  • Even if a credit check is essential, the consumer must sign an agreement, consenting to such an investigation. 

The Fair Debt Collection Practices Act (FDCPA)

Enacted in 1977, the Fair Debt Collection Practices Act (FDCPA) was created to stop abuse, deception, and unfair practices from collection agencies all over the country. Since Congress believed these unethical tactics to collect on debts have contributed to bankruptcies, invasions of privacy, marital problems, and job loss; laws were passed to remedy such problems. The FDCPA covers the practices of a debt collection agency, from the time a debt is assumed to the time it’s collected.

Under the FDCPA, the following rules apply:

  • Debt collectors cannot reveal they’re collecting on debts when contacting others about you.  They also cannot send postcards or letters with their company names on the outside.

  • Debt collectors cannot contact you after 9 P.M.

  • If your employers prohibit such calls, debt collectors cannot contact you at work.

  • If you’ve hired an attorney, all collection calls must go to him or her.

  • Debt collectors cannot use profanity, abusive language, or threaten you with violence.

  • Your name may not be published in a public debtors’ list.

  • Debt collectors cannot collect on anything more than the principal amount. 

Repairing Credit Legally

Quality credit repair companies, like Sky Blue Credit, will use all of the rules dictated by the Fair Credit Reporting Act and Fair Debt Collection Practices Act to repair your credit. Just because a negative item appears on your credit report doesn’t mean it’s valid, and professional credit repair services are available to better educate you on your rights as a consumer.