DISPUTE BASICS

Working Your Way Through The Dispute Process

Disputing inaccuracies on your credit report can sometimes be part of managing your credit. Some consumers will find the process simple and quick. For others, it may prove more complicated, as it often depends on the cooperation of the creditor that reported the information to the credit bureau. This article lays out the steps you can take in either instance. The Fair Credit Reporting Act (FCRA) protects consumers in dispute situations, mandating that credit reporting agencies (CRAs) must respond to your dispute by initiating an investigation and collecting evidence (where possible) from your creditors. If the information is inaccurate, the CRA must either remove or correct the disputed information, usually within 30 days.

Common Types of Inaccurate Information

When you review your credit report, you'll want to look for information that is unusual or does not belong to you. The types of account information that are commonly disputed include:

  1. Contact the creditor(s) to close all fraudulent accounts.
  2. Contact the credit bureaus to place a fraud alert on your report. This stops automatic activation of pre-approved credit offers, and alerts creditors to call you first for approval.
  3. Contact the police, and file a police report. This is a crucial step, as some creditors won't take your dispute seriously until they have received a copy of this report.
BASIC TIPS FOR FILING A DISPUTE

Generally, disputes must be filed in writing. According to the FCRA, a credit bureau has 30 days to investigate a dispute raised regarding possible inaccuracies on a consumer's credit report. The bureau must then give you the written results and a free copy of your report if the dispute results in a change.

To dispute inaccurate information on your Equifax, Experian, or Trans Union credit report, write to the bureau that supplied the information and use the address provided. Enclose a photocopy of your credit report with the item(s) under dispute circled and numbered. You can make reference to these numbers in your letter.

Also be sure to include:
DISPUTING INFORMATION AT THE SOURCE

It is perfectly acceptable to contact your creditor directly to dispute information they are reporting that you consider to be inaccurate. According to the FCRA, if you tell a creditor that you dispute an item, they may not then report the item to a bureau without including a notice of your dispute. Furthermore, once you have notified the creditor of your dispute in writing, they may not continue to report the information if it is, in fact, an error.

NEXT PHASE: A STATEMENT OF DISPUTE

If you are not having luck persuading the creditor that an account is not yours or was never delinquent, the FCRA allows for you to add a statement of dispute to the relevant item on your credit report. If a resolution is not reached after the dispute process, you can ask the bureau to add a statement of dispute to the account. A statement of dispute is a factual description of status for the account in question, and both the consumer's and the creditor's versions are included. This statement demonstrates that all attempts at resolving the dispute have failed, and communicates the details of what happened to any future creditors.

ACTION TO TAKE WHEN SETTLEMENT CANNOT BE ACHIEVED

Achieving settlement can sometimes be difficult. When settlement cannot be reached, you can file a dispute with the credit bureau's National Consumer Assistance Center. To enter such a dispute, call the telephone number included with your credit report or complete a "Reinvestigation Request" form, which is also included with the credit report. Although you can request a reinvestigation, there is no guarantee that you will receive a different result the second time around-once an official decision has been made, you will need to come up with documentary evidence to persuade a credit bureau to delete the item. In some cases, even if you are successful in persuading the credit bureau to delete the information, it may wind up being added to your report again at the creditor's insistence. If you still get no response after continued attempts to contact the parties involved, you can contact your state's Attorney General Office. If you believe the creditor or a credit bureau has violated the FCRA, you have the right to sue all relevant parties in state or federal court. If you win, the creditor or credit bureau will have to pay damages and reimburse you for attorney fees to the extent ordered by the court. You may also wish to contact the FTC to file complaints against non-cooperative creditors and credit bureaus. Although the FTC can't act as your lawyer in private disputes, information about your experiences and concerns is vital to the enforcement of the Fair Credit Reporting Act. You may send your questions and/or complaints to:
Consumer Response Center FCRA, Federal Trade Commission, Washington, D.C. 20580
You may also visit the FTC online at FTC online.