The Fair Credit Reporting Act (FCRA) was written in 1970 as an amendment to the Consumer Credit Protection Act. The FCRA provides additional measures of consumer protection in the areas of fairness, accuracy, and privacy of the information collected by the credit bureaus. It also allows you to personally engage in credit repair and maintenance processes, verifying that the information in your credit report is correct.
Here's why the FCRA was created and its primary objectives:
- Protect Consumer Privacy: Prior to the FCRA, consumers had limited knowledge and control over the information that Credit Reporting Agencies (CRAs) had on file. The FCRA ensures that consumers have the right to know what information is in their credit report and who has accessed it.
- Ensure Accuracy: The FCRA mandates that both CRAs and the information providers (e.g., lenders, creditors) must take steps to ensure the accuracy of the information they collect and report. If there's inaccurate information on a consumer's report, the consumer has the right to dispute it, and the CRA must investigate and correct any errors.
- Limit Access: Not everyone can view a consumer's credit report. The FCRA restricts access to those with a valid need, such as creditors, insurers, employers, and other businesses.
- Regulate the Retention of Records: The FCRA sets limits on how long negative information, like late payments or bankruptcies, can remain on a credit report. For most negative items, the limit is seven years, while bankruptcies can stay for up to ten years.
- Consumer Rights Notification: CRAs are required to inform consumers about their rights under the FCRA.
The FCRA was created in response to concerns about the accuracy, privacy, and misuse of personal information held by Credit Reporting Agencies. Over the years, it has been amended to incorporate additional protections, especially with the rise of identity theft and digital storage of data. The act serves as a cornerstone in consumer credit rights in the U.S., ensuring that consumers have the right to an accurate representation of their creditworthiness and the tools to correct any inaccuracies.