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What are my rights?

If you are looking at debt consolidation then you are most likely already involved with Credit Reporting Agencies and Debt Collectors. The sections outline some of your basic Rights:

Fair Credit Reporting Act
The Fair Credit Reporting Act (FCRA) is designed to help make sure that Credit Reporting Agencies give correct and complete information to businesses to use when evaluating your application.

Your rights under FCRA include the following:

  • You have the right to receive a copy of your credit report. The copy must contain all of the information in your file at the time of your request.
  • You have the right to know the name of anyone who received your credit report in the last year for most purposes or in the last two years for employment purposes.
  • Any company that denies your application must supply the name and address of the Credit Reporting Agency (CRA) they contacted, provided the denial was based on information given by the CRA.
  • You have the right to a free copy of your credit report when your application is denied because of information supplied by the CRA. Your request must be made within 60 days of receiving your denial notice.
  • If you contest the completeness or accuracy of information in your report, you should file a dispute with the CRA and with the company that furnished the information to the CRA. Both the CRA and the furnisher of information are legally obligated to reinvestigate your dispute.

Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) applies to personal, family, and household debts. This includes money owed for the purchase of a car, for medical care, or for charge accounts. The FDCPA prohibits debt collectors from engaging in unfair, deceptive, or abusive practices while collecting these debts.

Your rights under the Fair Debt Collection Practices Act:

  • Debt collectors may contact you only between 8 a.m. and 9 p.m.
  • Debt collectors may not contact you at work if they know your employer disapproves.
  • Debt collectors may not harass, oppress, or abuse you.
  • Debt collectors may not lie when collecting debts, such as falsely implying that you have committed a crime.
  • Debt collectors must identify themselves to you on the phone.
  • Debt collectors must stop contacting you if you ask them to in writing.

If your situation has progressed beyond what you can handle on your own, then a Credit Counseling Service for debt consolidation should be your next step.

Source: FTC 1997

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