A national survey released today by the
U.S. Public Interest Research Group (PIRG) found that, despite passage
of a 1996 federal law, nearly one-third of credit reports still contain
serious errors that could cause consumers to be denied credit. The
report also found that many consumers still can't get through to
bureaus to request their reports. The report makes recommendations to
Congress and state legislatures on ways to improve credit report access
and accuracy, since reports are now being used not only for credit,
job, and insurance applications but also when consumers try to write
checks, open bank accounts or even use ATM debit cards.
"Many
credit reports are a ticking data time bomb of inaccurate information
that could devastate a consumer's financial health at any moment," said
Ed Mierzwinski, PIRG Consumer Program Director. "The data dealers are
selling credit reports that are full of mistakes to businesses, and
innocent consumers pay the price."
Among the principal findings of the report were the following:
Twenty-nine
percent (29%) of the credit reports contained serious errors that could
result in the denial of credit. "Serious" errors included false
delinquencies, public records or judgements that belonged to a
stranger, or credit accounts that did not belong to the consumer;
Seventy percent (70%) of the credit reports contained mistakes or errors of some kind, also including the following;
Forty-one percent (41%) of the credit reports contained incorrect personal demographic identifying information;
Twenty
percent (20%) of the credit reports were missing major credit cards,
loans, mortgages, or other accounts that are critical to demonstrating
consumer credit worthiness;
In addition, the report found that it was difficult to obtain credit reports.
An
additional 22 requested reports, or 14% of total requests, were never
received by the consumers, despite repeated calls and/or letters.
Of the consumers who did obtain their credit reports, at least 14% of them were forced to call back 3 or more times.
Twelve
percent (12%) of consumers waited two weeks or longer to receive their
report once they finished requesting it. It took more than a month for
one California man to receive his report.
"We demand that
Congress, the Federal Trade Commission and state legislatures require
the credit bureaus to comply with the law by fixing the mistakes and
answering the phones," added Mierzwinski. "And we demand improvements
to the law to make it easier for consumers to avoid mistakes by credit
bureaus, banks, department stores and other data dealers," he said.
Investigations
and reports in the 1980s and early 1990s by Congress, the PIRGs, state
attorneys general and the Federal Trade Commission had found that
credit bureau errors were a leading national problem. From 1992-94, the
Federal Trade Commission and several state attorneys general signed
court-approved consent decrees with several credit bureaus, including
the three national data repositories, Equifax, Trans Union and TRW (now
Experian). Following a seven year PIRG campaign, Congress finally
enacted modest 1996 amendments to the Federal Fair Credit Reporting
Act, to improve accuracy and protect consumer privacy.
The new
federal law, which took effect on 30 September 1997, requires increased
accuracy standards to prevent errors and requires certification by
banks and other creditors that furnish information to the bureaus that
any disputed information is accurate before it is re-inserted following
a reinvestigation. The new law also requires bureaus to have adequate
personnel, to maintain toll-free telephone numbers and to make their
reports easier to understand.
Unfortunately, the new law also
preempts the states from enacting new laws in many areas, including
regulating the duties of banks and other creditors to maintain
accuracy, until the year 2004. One area not preempted is the right of
states to enact free credit laws. Since 1996, Georgia, Colorado and New
Jersey have joined Maryland, Massachusetts and Vermont to provide free
reports annually on request.
The PIRG report also made the
following recommendations for Congress, state legislators, and the
credit industry to help protect consumers from credit report errors:
Improve
consumer access to credit reports by providing that an automatic free
credit report be mailed to every consumer annually by each national
bureau.
Strengthen duties of banks, department stores and
other furnishers of information to avoid errors and give consumers
greater rights to sue these data dealers, as only Massachusetts and
California now provide.
Toughen enforcement of credit
accuracy laws. Increase civil penalties for violations and provide for
$1000 mandatory minimum statutory damages to consumers for violations
of credit reporting laws by credit bureaus or furnishers.
"Although
credit reports contain vitally important information about most
consumers, the accuracy of those reports is far from guaranteed," U.S.
PIRG's Mierzwinski said. "If credit bureaus can't always be trusted to
get the facts straight, then consumers should be given the tools to
protect themselves."
The report offered the following recommendations for consumers to protect themselves from credit report mistakes:
Inspect your credit report annually. Just like your body needs an annual physical, your financial health needs an annual fiscal;
Dispute inaccurate information immediately. The bureau is required to send you a copy of your rights when it mails your report.
Take
advantage of your right to restrict access to your credit report by
removing your name from credit bureau lists that are sold to creditors
and insurers for junk marketing mailings.
The report,
"Mistakes Do Happen," looked at a representative sample of credit
reports from across the country to find out how common mistakes in
credit reports are and what types of errors most often occur. In
January, 1998, 88 consumers obtained 133 credit reports from the three
major credit bureaus - Experian (formerly TRW), Equifax, and Trans
Union. An additional 22 consumers failed to receive their reports.
"Your
credit report, while not always accurate, will always affect your
financial future," concluded PIRG's Mierzwinski. "Consumers, credit
bureaus, and legislators should do everything possible to see that
credit reports tell the truth, the whole truth, and nothing but the
truth."
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