No one can legally remove accurate and timely negative information from a credit report. You can ask for an investigation—at no charge to you—of information in your file that you dispute as inaccurate or incomplete. Some people hire a company to investigate for them, but anything a credit repair company can do legally, you can do for yourself at little or no cost.
By law:
• You’re entitled to a free credit report if a company takes “adverse action” against you, like denying your application for credit, insurance, or employment. You have to ask for your report within 60 days of receiving notice of the action. The notice includes the name, address, and phone number of the consumer reporting company. You’re also entitled to one free report a year if you’re unemployed and plan to look for a job within 60 days; if you’re on welfare; or if your report is inaccurate because of fraud, including identity theft.
• Each of the nationwide credit reporting companies—Equifax, Experian, and TransUnion—is required to provide you with a free copy of your credit report once every 12 months, if you ask for it. To order, visit annualcreditreport.com, or call 1-877-322-8228. You may order reports from each of the three credit reporting companies at the same time, or you can stagger your requests throughout the year.
• It doesn’t cost anything to dispute mistakes or outdated items on your credit report. Both the credit reporting company and the information provider (the person, company, or organization that provides information about you to a credit reporting company) are responsible for correcting inaccurate or incomplete information in your report. To take advantage of all your rights, contact both the credit reporting company and the information provider.
The Credit Repair Organization Act (CROA) makes it illegal for credit repair companies to lie about what they can do for you, and to charge you before they've performed their services. The CROA is enforced by the Federal Trade Commission and requires credit repair companies to explain:
• your legal rights in a written contract that also details the services they'll perform
• your three day right to cancel without any charge
• how long it will take to get results
• the total cost you will pay
• any guarantees
What if a credit repair company you hired doesn't live up to its promises? You have some options. You can:
• sue them in federal court for your actual losses or for what you paid them, whichever is more
• seek punitive damages—money to punish the company for violating the law
• join other people in a class action lawsuit against the company, and if you win, the company has to pay your attorney's fees
In Nebraska, as in all states, the regulation of credit reporting and credit repair is primarily governed by federal law. The Fair Credit Reporting Act (FCRA) ensures that consumers have the right to receive a free credit report if they experience adverse action due to their credit history, or under certain other conditions such as unemployment, welfare, or identity theft. Consumers are entitled to one free credit report every 12 months from each of the three major credit bureaus (Equifax, Experian, and TransUnion) and can dispute inaccurate information at no cost. The Credit Repair Organization Act (CROA) prohibits credit repair companies from misleading consumers about their services and charging fees before services are performed. It also requires these companies to provide a written contract detailing the services to be performed, a three-day right to cancel without charge, the time frame for results, total costs, and any guarantees. If a credit repair company fails to live up to its promises, consumers can sue for actual losses or paid fees, seek punitive damages, or join a class action lawsuit. In such cases, if the consumer wins, the company must pay the consumer's attorney's fees.
