Para informacion en espanol, visite www.ftc.gov/credit o escribe a la FTC Consumer Response

Center, Room 130-A 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.

A Summary of Your Rights Under the Fair Credit Reporting Act

The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical records, and rental history records). Here is a summary of your major rights under the FCRA.

For more information, including information about additional rights, go to www.ftc.gov/credit or write to: Consumer Response Center, Room 130-A, Federal Trade Commission, 600 Pennsylvania Ave. N.W., Washington, D.C. 20580.

C You must be told if information in your file has been used against you.

Anyone who uses a credit report or another type of consumer report to deny your application for credit, insurance, or employment - or to take another adverse action against you - must tell you, and must give you the name, address, and phone number of the agency that provided the information.

C You have the right to know what is in your file.

You may request and obtain all the information about you in the files of a consumer reporting agency (your "file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be free. You are entitled to a free file disclosure if:

C a person has taken adverse action against you because of information in your credit

report;

C you are the victim of identify theft and place a fraud alert in your file;

C your file contains inaccurate information as a result of fraud;

C you are on public assistance;

C you are unemployed but expect to apply for employment within 60 days.

In addition, by September 2005 all consumers will be entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide specialty consumer reporting agencies. See www.ftc.gov/creditfor additional information.

C You have the right to ask for a credit score.

Credit scores are numerical summaries of your credit-worthiness based on information from credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage lender.

C You have the right to dispute incomplete or inaccurate information. If you identify

information in your file that is incomplete or inaccurate, and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See www.ftc.gov/credit for an explanation of dispute procedures.

C Consumer reporting agencies must correct or delete inaccurate, incomplete, or

unverifiable information.

Inaccurate, incomplete or unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report information it has verified as accurate.

C Consumer reporting agencies may not report outdated negative information.

In most cases, a consumer reporting agency may not report negative information that is more than seven years old, or bankruptcies that are more than 10 years old.

C Access to your file is limited.

A consumer reporting agency may provide information about you only to people with a valid need -- usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.

C You must give your consent for reports to be provided to employers.

A consumer reporting agency may not give out information about you to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the trucking industry. For more information, go to www.ftc.gov/credit.

C You may limit "prescreened" offers of credit and insurance you get based on information in your credit report.

Unsolicited "prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-5-OPTOUT (1-888-567-8688).

C You may seek damages from violators.

If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.

C Identity theft victims and active duty military personnel have additional rights. For more information, visit www.ftc.gov/credit.

States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state law. For more information, contact your state or local consumer protection agency or your state Attorney General. Federal enforcers are:

TYPE OF BUSINESS: CONTACT:

Consumer reporting agencies, creditors and others not listed below Federal Trade Commission: Consumer Response Center - FCRA

Washington, DC 20580 1-877-382-4357

National banks, federal branches/agencies of foreign banks (word

"National" or initials "N.A." appear in or after bank's name)

Office of the Comptroller of the Currency

Compliance Management, Mail Stop 6-6

Washington, DC 20219 800-613-6743

Federal Reserve System member banks (except national banks,

and federal branches/agencies of foreign banks)

Federal Reserve Consumer Help (FRCH)

P O Box 1200

Minneapolis, MN 55480

Telephone: 888-851-1920

Website Address: www.federalreserveconsumerhelp.gov

Email Address: ConsumerHelp@FederalReserve.gov

Savings associations and federally chartered savings banks (word

"Federal" or initials "F.S.B." appear in federal institution's name)

Office of Thrift Supervision

Consumer Complaints

Washington, DC 20552 800-842-6929

Federal credit unions (words "Federal Credit Union" appear in

institution's name)

National Credit Union Administration

1775 Duke Street

Alexandria, VA 22314 703-519-4600

State-chartered banks that are not members of the Federal Reserve

System

Federal Deposit Insurance Corporation

Consumer Response Center, 2345 Grand Avenue, Suite 100

Kansas City, Missouri 64108-2638 1-877-275-3342

Air, surface, or rail common carriers regulated by former Civil

Aeronautics Board or Interstate Commerce Commission

Department of Transportation , Office of Financial Management

Washington, DC 20590 202-366-1306

Activities subject to the Packers and Stockyards Act, 1921 Department of Agriculture

Office of Deputy Administrator - GIPSA

Washington, DC 20250 202-720-7051

Identity Theft

Para informacion en espanol, visite www.ftc.gov/idtheft o escribe a la FTC, Consumer Response Center, Room 130-B, 600 Pennsylvania Avenue, N.W. Washington, D.C., 20580.

Remedying the Effects of Identity Theft

You are receiving this information because you have notified a consumer reporting

agency that you believe that you are a victim of identity theft. Identity theft occurs when

someone uses your name, Social Security number, date of birth, or other identifying information, without authority, to commit fraud. For example, someone may have committed identity theft by using your personal information to open a credit card account or get a loan in your name. For more information, visit www.ftc.gov/idtheft or write to: FTC, Consumer Response Center, Room

130-B, 600 Pennsylvania Avenue, N.W. Washington, D.C., 20580.

The Fair Credit Reporting Act (FCRA) gives you specific rights when you are, or believe

that you are, the victim of identity theft. Here is a brief summary of the rights designed to help you recover from identity theft.

1. You have the right to ask that nationwide consumer reporting agencies place "fraud alerts" in your file to let potential creditors and others know that you may be a victim of identity theft. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures to protect you. It also may delay your ability to obtain credit. You may place a fraud alert in your file by calling just one of the three nationwide consumer reporting agencies. As soon as that agency

processes your fraud alert, it will notify the other two, which then also must place fraud alerts in your file.

C Equifax: 1-800-525-6285; www.equifax.com

C Experian: 1-800-EXPERIAN (397-3742); www.experian.com

C TransUnion: 1-800-680-7289; www.transunion.com

An initial fraud alert stays in your file for at least 90 days. An extended alert stays in your for seven years. To place either of these alerts, a consumer reporting agency will you to provide appropriate proof of your identity, which may include your Social Security number. If you ask for an extended alert, you will have to provide an identity theft report. An identity theft report includes a copy of a report you have filed with a federal, state, or local law enforcement agency, and additional information a consumer reporting agency may require you to submit. For more detailed information about the identity heft report , visit www.ftc.gov/idtheft

2. You have the right to free copies of the information in your file (your "file

disclosure"). An initial fraud alert entitles you to a copy of all the information in your file at each of the three nationwide agencies, and an extended alert entitles you to two free file disclosures in a 12-month period following the placing of the alert. These additional disclosures may help you detect signs of fraud, for example, whether fraudulent accounts have been opened in your name or whether someone has reported a change in your address. Once a year, you also have the right to a free copy of the information in your file at any consumer reporting agency, if you believe it has inaccurate information due to fraud, such as identity theft. You also have the ability to obtain additional free file disclosures under other provisions of the FCRA. See www.ftc.gov/credi.t

3. You have the right to obtain documents relating to fraudulent transactions made or accounts opened using your personal information.

A creditor or other business must give you copies of applications and other business records relating to transactions and accounts that resulted from the theft of your identity, f you ask for them in writing. A business may ask you for proof of your identity, a police report, and an affidavit before giving you the documents. It also may specify an address for you to send your request.Under certain circumstances, a business can refuse to provide you with these documents. See www.ftc.gov/idthef.t

4. You have the right to obtain information from a debt collector.

If you ask, a debt collector must provide you with certain information about the debt you believe was incurred in your name by an identity thief - like the name of the creditor and the amount of the debt.

5. If you believe information in your file results from identity theft, you have the right to ask that a consumer reporting agency block that information from your file. An identity thief may run up bills in your name and not pay them. Information about the unpaid bills may appear on your consumer report. Should you decide to ask a consumer reporting agency to block the reporting of this information, you must identify the information to block, and provide the consumer reporting agency with proof of your identity and a copy of your identity theft report. The consumer reporting agency can refuse or cancel your request for a block if, for example, you don't provide the necessary documentation, or where the block results from an error or a material misrepresentation of fact made by you. If the agency declines or rescinds the block, it must notify you. Once a debt resulting from identity theft has been blocked, a person or business with notice of the block may not sell, transfer, or place the debt for collection.

6. You also may prevent businesses from reporting information about you to consumer reporting agencies if you believe the information is a result of identity theft.

To do so, you must send your request to the address specified by the business that reports he information to the consumer reporting agency. The business will expect you to dentify what information you do not want reported and to provide an identity theft report. To learn more about identity theft and how to deal with its consequences, visit www.ftc.gov/idtheft, or write to the FTC. You may have additional rights under state law.Or more information, contact your local consumer protection agency or your state atorney general.In addition to the new rights and procedures to help consumers deal with he effects of identity theft, the FCRA has many other important consumer protections.hey are described in more detail at www.ftc.gov/credit

The Fair Credit Reporting Act Your rights

The Fair Credit Reporting Act (FCRA) requires each of the nationwide consumer reporting companies - Equifax, Experian, and TransUnion - to provide you with a free copy of your credit report, at your request, once every 12 months. The Federal Trade Commission (FTC), the nation's consumer protection agency, has prepared a brochure, Your Access to Free Credit Reports, explaining your rights under the FCRA and how to order a free annual credit report.

A credit report includes information on where you live, how you pay your bills, and whether you've been sued, arrested, or filed for bankruptcy. Nationwide consumer reporting companies sell the information in your report to creditors, insurers, employers, and other businesses that use it to evaluate your applications for credit, insurance, employment, or renting a home.

How do I order my free report?

You can order your free annual credit report online at annualcreditreport.com, by calling 1-877-322-8228, or by completing the Annual Credit Report Request Form and mailing it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281.

When you order, you need to provide your name, address, Social Security number, and date of birth. To verify your identity, you may need to provide some information that only you would know, like the amount of your monthly mortgage payment.

A Warning About "Imposter" Sites The FTC advises consumers who order their free annual credit reports online to be sure to correctly spell annualcreditreport.com, or link to it from the FTC's website to avoid being misdirected to other websites that offer supposedly free reports,but only with the purchase of other products. While consumers may be offered additional products or services while on the authorized website, they are not required to make a purchase to receive their free annual credit reports.

What Is the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act, often referred to as the "FDCPA", was passed by Congress in response to abusive conduct by collection agencies, and concern that the abuses were causing an increase in the filings of personal bankruptcies. The purpose of the Act is to provide guidelines for collection agencies which are seeking to collect legitimate debts, while providing protections and remedies for debtors.

What Types of Debts Are Covered?

The FDCPA applies to personal, family, and household debts, including debts associated with the purchase of a car, for medical care, for retail financing, for first and second mortgages, and for money owed on credit card accounts. Please note that most states have similar laws, which typically proscribe the same types of misconduct by debt collectors and which may cover a broader range of debts than the federal law.

What Debt Collectors Are Covered By The Act

The act regulates the conduct of debt collectors: any person who regularly collects debts owed to others. This definition includes lawyers who perform debt collection services on a regular basis. Even where money is legitimately owed, a debt collector's conduct is restricted by this law.

In-house collection agents are not ordinarily covered by the Act. For example, if you have a store credit card, and the store's own collection department contacts you, the FDCPA does not apply. However if the same store uses an outside collection agency to contact you in relation to that same debt, the outside agency's conduct is restricted by the FDCPA. Similarly, if the same store uses an in-house collection agent, but suggests to you that the collection is being performed by a third party, the FDCPA may apply to them as a result of that representation.

Please note that there may be other laws in your state which restrict the conduct of in-house collection agents.

What Restrictions Are Imposed On Collection Agencies By The FDCPA?

The FDCPA restricts debt collectors from engaging in conduct including the following:

• Contacting a third party who does not owe the debt, such as a relative, neighbor, or your employer. Co-signers to the debt, however, may be contacted by the debt collector;
• Threatening to refer your account to an attorney, harm your credit rating, repossession or garnishment, without actual intention of action on the threat. Please note that a debt collector may warn you of an actual impending intention to refer your case to an attorney or to report your debt to a credit agency. What they cannot do is use a false threat to try to intimidate you into paying;
• Making repeated telephone calls or telephone calls at unreasonable times. The act defines unreasonable times as contact before 8:00 AM or after 9:00 PM, unless you have given the debt collector permission to contact you during those hours;
• Placing telephone calls to an inconvenient place. For example, contacting you at work in violation of a policy by your employer that is known to the debt collector or following a request by you that they not contact you at work;
• When placing a telephone call to you at work, informing your employer of the purpose of the call, unless first asked by the employer;
• Using obscenity, racial slurs or insults;
• Sending letters which appear to have come from a court;
• Seeking collection fees or interest charges not permitted by your contract or by state law;
• Requesting post-dated checks with the intention to prosecute if they bounce;
• Suing in courts far removed from your place of residence;
• Making certain false representations in association with efforts to collect the debt, including the false claim that the person contacting you in relation to the debt is an attorney, falsely claiming to have started a lawsuit, using a false name, or using stationery that is designed to look like an official court or government communication;
• Using false claims to collect information about the debtor, such as pretending to be conducting a survey;
• Threatening you with arrest if you do not pay the debt.

Who May A Debt Collector Contact About My Debt?

If you have an attorney, you can instruct the debt collector to make all inquiries about the debt through your attorney. Once the debt collector has been instructed to make inquiries through your attorney, they should no longer make any direct contact with you.

Sample Letter Your Name Your Address Date Collection Agency's Name Collection Agency's Address Subject: Debt Collection Against [Your Name] Creditor Name: [Creditor] Account No. [Number] Dear Account Representative, I am writing pursuant to the Fair Debt Collections Practices Act (FDCPA) to inform you that I am represented by an attorney in relation to the alleged debt associated with my account [number ________] with [creditor]. Please direct all further inquiries to my attorney: [Attorney's Name and Address] Thank you for your cooperation. Sincerely, [Your Name]

If you do not have an attorney, the debt collector may make only those inquiries necessary to determine where you live, what your phone number is, and where you work. If your current address is not known, the debt collector may be permitted to send a single letter to your last known employer inquiring about your present address. Ordinarily, other than your attorney, a debt collector may make only one inquiry about you with any given third party.

What Must The Debt Collector Tell You About The Debt?

Within five days of their first contact with you, the debt collector must send you a written notice telling you:

• How much money you reportedly owe;
• The name of the creditor to whom the debt is owed;
• That unless you, within thirty days after receipt of the notice, dispute the validity of the debt or any portion thereof, the debt will be assumed valid by the debt collector;
• That if you dispute the debt in full or in part within that thirty day period, the debt collector will obtain verification of the debt and mail it to the consumer; and
• That upon your written request within the thirty day period, the debt collector will provide you with the name and address of the original creditor, if different from the current creditor.

The first notice must also include a warning known as the "Mini-Miranda Warning", which must state that the communication is from a debt collector and that any information obtained may be used to collect the debt. Except for pleadings associated with a legal action, all subsequent communication from the debt collector must also include this warning.

Please note that the thirty day notice requirement does not limit the debt collector from taking other measures to collect the debt during that initial thirty day period, as long as its action is not inconsistent with your right to contest the debt under the FDCPA.

What If You Don't Want The Collection Agency To Contact You?

If you wish the debt collector to stop contacting you, you must send the collection agency a written notice instructing them to stop. Once the collection agency receives that letter, they may contact you only one additional time to notify you that the collection agency or creditor intends to take a specific action in relation to the debt.

Sending this type of notice does not resolve the debt. For example, the creditor may file a lawsuit against you in order to collect the debt, even if you prohibit further contact by the collection agency.

Sample Letter Your Name Your Address Date Collection Agency's Name Collection Agency's Address Subject: Debt Collection Against [Your Name] Creditor Name: [Creditor] Account No. [Number] Dear Account Representative, I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692c(c), to request to request that you cease all communication to me about my account [number ________] with [creditor]. [If you wish, explain your circumstances. For example, "I was recently laid off from my job, and I do not presently have any resources with which to pay off this debt. Once I have again secured employment, I intend to resume payment on the debt."] [If there have been any violations of the FDCPA, you may wish to describe them. For example, "Please note that in violation of the Fair Debt Collection Practices Act, one of your agents contacted me last night at 9:30 PM. Should your agency contact me at any time in the future, please be sure that your contact is made in full compliance with the FDCPA."] Sincerely, [Your Name]

What If You Dispute The Debt?

If, within thirty days after receiving written notice of the debt from the debt collector, you send the collection agency a letter stating that you do not owe the money, the debt collector must stop contacting you. The notice must be in writing, and must be hand delivered or postmarked within thirty days of the first written notice from the debt collector.

The debt collector may renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount claimed by the creditor.

Sample Letter Your Name Your Address Date Collection Agency's Name Collection Agency's Address Subject: Debt Collection Against [Your Name] Creditor Name: [Creditor] Account No. [Number] Dear Account Representative, I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g, to inform you that I dispute the alleged debt associated with account [number ________] with [creditor]. I do not believe that I owe the amount alleged by you. Your letter of [Date of letter from debt collector] was the first time I have heard from you about this alleged debt. Thus I am requesting that you provide the following information: Please explain the nature of the alleged debt - that is, what the money I allegedly owe is for; Please provide an accounting explaining how you calculated what you allege that I owe; Please provide me with copies of any contracts or documents which form a basis for the alleged debt; and Please provide me with the name and address of the original creditor. I further request that you take the following actions: Please contact any credit agencies to whom you have reported this alleged debt, and inform them that I am disputing the debt; and Please also forward a copy of this letter to the creditor who alleges that I owe the debt at issue, and inform them that I am disputing the debt. Except as specifically outlined herein, I am requesting that you cease all contact with me about the alleged debt. Any further contact should be strictly in conformity with the FDCPA: It should be limited to providing me with the documentation requested in this letter, informing me that you have ceased collection efforts on the alleged debt, or stating that you are taking a specific action in relation to the debt such as commencing a collection lawsuit. Any further contact should be made in writing, and should be submitted to my home address by mail. Sincerely, [Your Name]

What Remedies Are Available If The Debt Collector Violates The Law

Under the Fair Debt Collection Practices Act, you have the right to sue a debt collector in state or federal court within one year from the date of the violation. If you win, you may recover damages in the amount of any losses you suffered as a result of the violation, plus an additional amount of up to $1,000.00. You may also be able to recover court costs and attorney fees.

If the same debt collector has engaged in unlawful conduct with a number of consumers, it may be possible to find a lawyer who will file a class action lawsuit.

Where Can I Report Legal Violations By Debt Collectors?

In most states, you may report the agency's conduct to the state Attorney General's office.

You may also contact the Federal Trade Commission (FTC) if you have a problem with an out-of-state debt collection agency.

Federal Trade Commission
One Bowling Green Ste. 318
New York, NY 10004
1-877-382-4357 begin_of_the_skype_highlighting            1-877-382-4357      end_of_the_skype_highlighting (877-FTC-HELP begin_of_the_skype_highlighting            877-FTC-HELP      end_of_the_skype_highlighting)