Bad Credit Services

A subcommittee³⁷¹ of the House Financial Services Committee opened hearings on May 8, 2003. The title of the hearing, The Importance of the National Credit Reporting System to Consumers and the U.S. Economy, reflected the committee s pro-industry stance. The opening statement of Subcommittee Chairman Spencer Bachus reflected the pro-industry conclusions of the AEI-Brookings report: bad credit credit creditres

We will hear in detail today how our uniform credit system under the FCRA benefits consumers and the economy as a whole. Among the consumer benefits afforded by our national credit system are efficient and convenient access to credit and insurance, strong competition in the financial services marketplace, and lower costs of credit. ³⁷² bad consolidation credit debt

The Republicans had the votes in the committee. The financial industry lobbyists had blanketed the Hill. Senator Tim Johnson (D-SD) and Rep. Patrick Tiberi (R-OH) had both introduced bills that would make preemption permanent and which were silent on consumer protection.³⁷³ Everything seemed set for smooth sailing. Even Federal Reserve Board Chairman Alan Greenspan heartily endorsed keeping pre-emption of state law.³⁷⁴ bad company credit repair

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Subcommittee on Financial Institutions and Consumer Credit ³⁷² Opening Statement of Chairman Spencer Bachus, The Importance of the National Credit Reporting System to Consumers and the U.S. Economy, May 8, 2003. ³⁷³ No senator agreed to co-sponsor Johnson s bill. In praising the credit card industry at a June hearing, Tiberi said his father was an immigrant who used his credit card to buy everything and received cash back at the end of the year. bad card credit credit

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Blackwell, Rob; Greenspan Is 1st Regulator To Endorse FCRA Extension, The American Banker; February 13, 2003. Actually, Greenspan was quite vague, stating, The system cannot function without ... the credit histories of individual borrowers, he said. I should certainly hope that it is maintained. He did not address accuracy and reliability problems, even though his own researchers had found such problems. (See Footnote 27, Chapter 10 on history) bad car credit loan

There was one problem. At the opening hearing, Assistant Treasury Secretary Wayne Abernathy stunned many Republicans when he testified that the Bush Administration had not yet finalized its position on the FCRA. Therefore, he said, he could not even say whether the Administration supported extension of the law s preemption provision, or whether new safeguards were needed to help consumers fight against identity theft.³⁷⁵ bad credit loan mortgage

What happened According to sources, political higher ups in the White House discovered through their polling data that the vast majority of Americans cared strongly about such issues as financial privacy, credit report accuracy, and identity theft. The polling data indicated it actually could be risky to endorse industry s wish for preemption without due consideration for consumers interest. In other words, the Bush Administration was still at the drawing board. It was clearly a setback for the industry s fast-track timetable. auto bad credit loan

Despite the Administration s reticence, Committee Chairman Michael Oxley (R-OH) left no doubt that the committee s priority was reauthorizing preemption. While acknowledging that the committee had many issues to explore, he declared: At the end of the day, this committee will act and will pass legislation reauthorizing the FCRA. That is job No. 1. bad credit mortgage refinance

One notable case involved Philip Cummings, a 10-month employee of Teledata Communications Inc (TCI), a company that facilitates large companies use of credit reports. From 1999-2002, Cummings allegedly was able to electronically masquerade as the Ford Motor Company and other major companies, pull credit reports in their names, and sell the data to a Nigerian fraud ring. Even after Cummings left TCI and moved out of state, he was able to continue using passwords that allowed him, from February to May 2002, to pull 6, 000 reports, 100 at a time, in the name of Washington Mutual Bank. bad credit refinance

As recently as September 2002, long after the Ford Motor Company incident had been well publicized, the Cummings ring ordered 4, 500 credit reports through Central Texas Energy Supply. When a company did change its password, it temporarily stumped the ring member s laptop on which Cummings had downloaded passwords. But after being arrested, the ring member later cooperated with prosecutors and told them that Cummings had an ample list of additional passwords that still worked. bad credit mortgage second

The result was that some 30, 000 individuals had their good names used for fraud - with initial losses pegged at $2.7 million, but rising well beyond that.⁷⁶ The Key Moment Of course, identity theft is profitable because the thief is able to get credit in someone else s name. That s where the credit report comes into play. The key moment occurs when the credit reporting agency (CRA) discloses the innocent victim s credit report in response to a thief s fraudulent application for credit. The credit report validates the thief and starts him on his credit joyride. As we will explore in greater detail in a later chapter, the CRAs rather loose algorithms have benefited identity thieves by allowing for disclosure of victims credit reports even when the imposters applications are filled with discrepancies. bad credit loan student

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TCI and other breaches were the subject of April 3, 2003 hearing of the House Financial Services Subcommittees on Financial Institutions Consumer Credit, and Oversight and Investigations, Fighting Fraud: Improving Information Security, at which this author testified. http://financialservices.house.gov/hearings.asp formmode=detail hearing=202. Also see the excellent reporting on security breaches, identity theft, and more by MSNBC s Bob Sullivan www.msnbc.com/news/839678.asp bad card credit

Victims

A book could be filled with the horrifying stories of identity theft victims. To help illustrate their plight, we will offer only a few. On November 5, 2001, retired Army Captain John Harrison, a Connecticut resident, received a call from a detective in Beaumont, Texas who was investigating a Harley-Davidson motorcycle that had been purchased using Harrison s name and SSN. The detective tracked Harrison down through his credit report. Harrison took all the steps that were recommended by experts (and the above pages in this chapter): He ordered his three credit reports, initiated fraud alerts, contacted creditors immediately, received and reviewed his credit reports, and filed a police report with the Army s Criminal Investigation Division.⁷⁷ bad credit financing

The crook, Jerry Wayne Phillips, was caught on his Harley in North Carolina about a month later. Phillips said it was easy to convince Army officials at Fort Bragg, N.C. to issue him identification in Harrison s name and SSN. bad credit home loan mortgage

In a sense, Hughes statement proved to be wrong. Linda Johnson was one of the few consumers who sued and actually had the chance to tell her story to a jury. MBNA argued that it verification methods complied with the FCRA. The jury disagreed, and awarded Johnson $90, 300. Judge Richard Williams affirmed the jury verdict. According to [MBNA], the duty to investigate means that any investigation is sufficient, no matter how cursory. Such a construction is illogical. There would be no point in having the statute, and the requirement of an investigation, if there was no qualitative component to the investigation. The statute itself does impose a qualitative component to the [MBNA s] negligence Judge Williams said.¹²⁹ bad credit loan people

MBNA appealed Judge Williams decision. But on February 11, 2004, a three-member panel of the U.S. Court of Appeals for the Fourth Circuit affirmed, finding that MBNA s standard response to consumer disputes did not amount to a true reinvestigation under the FCRA. bad card credit credit people

¹²⁹ Johnson v. MBNA

, op. cit., bench ruling February 24, 2003 MBNA argues that the language of 1681s-2(b)(1)(A), requiring furnishers of credit information to conduct an investigation regarding disputed information, imposes only a minimal duty on creditors to briefly review their records to determine whether the disputed information is correct, the panel wrote, in an opinion authored by Chief Judge William W. Wilkens. Stated differently, MBNA contends that this provision does not contain any qualitative component that would allow courts or juries to assess whether the creditor s investigation was reasonable. ¹³⁰ bad credit guaranteed loan

The key term at issue here, investigation, is defined [by the dictionary] as a detailed inquiry or systematic examination. Thus, the plain meaning of investigation clearly requires some degree of careful inquiry by creditors, he wrote. bad credit refinancing

Further, he said, the statute uses the term investigation in the context of articulating a creditor s duties in the consumer dispute process outlined by the FCRA. It would make little sense to conclude that, in creating a system intended to give consumers a means to dispute and, ultimately, correct inaccurate information on their credit reports, Congress used the term investigation to include superficial, unreasonable inquiries by creditors. We therefore hold that 1681s-2(b)(1) requires creditors, after receiving notice of a consumer dispute from a credit reporting agency, to conduct a reasonable investigation of their records to determine whether the disputed information can be verified. bad credit equity home loan

MBNA also tried to argue that its investigation in Johnson s case was reasonable. But the court pointed to the specific nature of Johnson s dispute, and the testimony of MBNA agents that their investigation was primarily limited to (1) confirming that the name and address listed on the ACDVs were the same as the name and address contained in the Customer Information System, and (2) noting that the CIS contained a code indicating that Johnson was the sole responsible party on the account. bad credit loan payday

The MBNA agents also testified that, in investigating consumer disputes generally, they do not look beyond the information contained in the CIS and never consult underlying documents such as account applications. Based on this evidence, a jury could reasonably conclude that MBNA acted unreasonably in failing to verify the accuracy of the information contained in the CIS, he wrote. bad credit repair

¹³⁰ Linda Johnson v. MBNA America Bank

: CA-4 - No. 31-1235; Feb. 11, 2004 Richard Rubin, a Sante Fe, New Mexico attorney who argued the case for Johnson before the Fourth Circuit, noted that the panel adopted his position that had MBNA simply told the truth and stated that its investigation was inconclusive, the CRAs would have deleted the tradeline as required by the FCRA, and the litigation never would have occurred. bad credit home loan uk

Unless the lawsuit results in major changes, consumers should not expect all mortgage brokers to inform them about re-scoring. Those mortgage bankers or brokers who make higher commissions on sub-prime borrowers actually have a disincentive, as re-scoring could cut into their incomes when the borrowers get better rates. 2nd bad credit mortgage

Moreover, because of all the price hikes, cost can be a major factor for brokers and mortgage companies that are expected to absorb the cost of re-scoring. In 2000, the aver-age re-score, consisting of two tradelines corrected on reports issued by two of the three CRAs, would cost the re-seller $28.00 (using the high of 7.00 per trade), a figure that was palatable to most mortgage bankers/brokers. That same re-score would now cost the reseller approximately $120. bad credit loan unsecured

Veracity - How to Get Your Credit Report for Free

We d like to help you learn about yourself... - Simon Garfunkel Mrs. Robinson In this chapter, we will explain how to order copies of your credit report⁴⁶ and credit scores from the newly created Centralized Source, either by mail, by phone, or via the Internet. We will also explain how to order them directly from Equifax, Experian, Trans Union, and Fair Isaac. If you want contact information right away, go directly to page 75, and to page 85 for Fair Isaac. bad consolidation credit loan

By September of 2005, all Americans will be entitled to obtain one free copy per year of their Equifax, Experian, and Trans Union credit reports from the Centralized Source (credit scores are not included and always come with a price). The free report and the Centralized Source were mandated by Congress when it passed the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). The goal of the law is to improve credit report accuracy and fairness by encouraging Americans to review their credit reports. bad credit home loan new

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Technically, the CRAs define the report they give to you as a consumer disclosure. The version that is given to their subscribers, the credit grantors, when you apply for credit, is defined as a credit report. For simplicity and stylistic purposes, we will generally refer to consumer disclosures as credit reports. bad business credit loan

To further this goal, Congress left in place all of the existing reasons that consumers were entitled to free reports (see pages 75-76). The bottom line: If you know your rights, you can regularly check your credit report throughout the year at little or no cost. This is a significant advance, considering that Equifax, Experian, Trans Union and others each charge between $89-$119 annually for ongoing credit report monitoring services. bad credit lender mortgage

This chapter should help cost-conscious consumers figure out the most economical way to obtain their credit reports. For those whom cost is not an issue, this chapter should help them decide the fastest way to get the most complete picture. bad credit home loan mobile

Author s Note:

At the time you read this book, you might not yet be entitled to your free report under Federal law. Still, anyone can go online and get their Experian report for free, but you must sign up for a 30-day trial at www.freecreditreport.com and provide a credit card number. If you fail to cancel by the 30th day, your credit card will be charged $12 a month until you do cancel. bad cash credit loan

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