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Federal/State Credit Laws
Federal Laws Concerning Credit
The Fair Credit Reporting Act (FCRA)
Guarantees your rights regarding your credit file. If you
are turned down for credit due to a credit report, you can
learn the information in it from the credit bureau at no
cost. Otherwise, disclosure of the information in your file
by a credit bureau involves a fee. While correct
information cannot be changed, you have the right to dispute
incorrect information in a credit report.
The Equal Credit Opportunity Act
Requires that credit grantors extend credit fairly and
without considering race, color, religion, national origin,
sex, marital status, or age (with certain exceptions). If
you are turned down for credit you are entitled to the
specific reasons for the creditor's action.
The Fair Credit Billing Act
Says that if you receive a billing that you feel is
incorrect and you notify the creditor within 60 days, the
creditor must either correct the bill or send you an
explanation within 90 days.
The Truth in Lending Act
Requires credit grantors to tell you what using credit
really costs (like interest rates, minimum monthly payment,
etc.).
The Fair Debt Collection Practices Act
Prohibits harassment by debt collectors and requires that
they verify for you the amount owed.
Your Liability for Fraudulent Credit Card/Debit Card/Cash
Machine Card Charges Is limited under certain circumstances,
but continues until you notify the card issuer of your
cards' loss/theft.
Cease and Desist Letter
Arthur Ball
323 Elm St.
Hayfield, NY 12117
February 14, 1994
Attn: Mr. D. B. Smith
North American Collections Specialists
1313 Main Street, Suite 500
Hayfield, NY 12116
RE: MasterCard account #5419 1254 5778 9101
Dear Mr. Smith:
Greetings!
You are hereby notified under provisions of Public Laws
95-109 and 99361, also known as the Fair Debt Collection
Practices Act, that your services are no longer desired.
1) You and your organization must CEASE & DESIST all
attempts to collect the above debt. Failure to comply with
this law will result in my immediately filing a complaint
with the Federal Trade Commission and this state's Attorney
General's office. I will pursue all criminal and civil
claims against you and your company.
2) Let this letter also serve as your warning that I may
utilize telephone recording devices in order to document any
telephone conversations that we may have m the future.
3) Furthermore, if any negative information is placed on my
credit bureau reports by your agency after receipt of this
notice, this will cause me to file suit against you and your
organization, both personally and corporately, to seek any
and all legal remedies available to me by law.
Since it is my policy neither to recognize nor deal with
collection agencies, I intend to settle this account with
the original creditor.
Sincerely,
Arthur Ball
AB:lr
Bill of Rights
Trans Union Rights:
1. The right to know what is in your credit file and to
receive a copy of that report with proper identification.
2. The right to receive credit file disclosures during
normal business hours and on reasonable notice (1) in
person. If you appear in person and furnish the proper
identification, (2) by telephone. If you first make written
request with proper identification and pay for any toll
charges, or (3) by any other reasonable means available to
the credit reporting agency and authorized by you. For in
person disclosure you may be accompanied by one other person
of your choosing, although you may be required to furnish
written permission for your credit file to be discussed in
the other person's presence.
3. The right to receive a free credit report within 30 days
(per the Fair Credit Reporting Act) of being denied credit
or employment based on information in a Trans Union report .
Trans Union's current policy provides for a free report
within 60 days of denial.
4. The right to request re-verification of information in
the file and to have it removed if inaccurate or
unverifiable and to have those results sent to anyone who
has received your credit report within the past year or two
years, if for employment, if you so request.
5. The right to receive the results of the investigation of
disputed information within five business days following the
completion of the reinvestigation.
6. The right to have the credit reporting agency review all
information you submit which is relevant to the disputed
information.
7. The right to receive written notification within 5
business days from the credit reporting agency when
information you disputed is deleted from your credit file
because it could not be verified, but is subsequently found
to be complete and accurate and is reinserted into your
credit file.
8. The right to know who has received your credit report
within the past six months or in the last two years, if for
employment purposes.
9. The right to add a statement of 100 words or less to your
Trans Union credit file to explain any disputed
information.
10. The right to have your credit report only accessible to
those entities with a permissible purpose.
11. The right to request the credit reporting agency to
provide you with a description of the procedure used to
determine the accuracy and completeness of the information
disputed, including the name, business address, and
telephone number of the person contacted during the
reinvestigation.
12. The right to have adverse information removed after
seven years (or the time period upheld by your state's
legislation) from the date of delinquency charge off or
placement to collection (including successfully completed
chapter 13 bankruptcy) or after 10 years from the date of
filing chapter 7, 11, 12 or 13 bankruptcy.
13. The right to have your name and address removed from any
direct marketing solicitation which uses data from a credit
reporting company.
14. The right to bring legal action against a credit
reporting agency for the failure to comply with its
obligations under the Fair Credit Reporting Act, if you do
so within two years after the agency fails to comply. You
have the right to recover an amount equal to actual damages
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