Bad Credit

To fully appreciate the basics, one needs to understand the larger system. To that end, Chapters 8 and 9 examine how the three major credit reporting agencies (CRAs) compile credit data on 205 million Americans, and how they and credit grantors conduct, or sometimes don t conduct, reinvestigations upon receiving consumer disputes. To help explain why credit reporting continually draws the attention of Congress, state legislators and enforcement officials, Chapter 10 traces the evolution of the industry, of the mixed files problem and other inaccuracy issues, and of identity theft. bad credit credit creditres

Chapters 11 and 12 address the controversial subjects of credit repair and debt collection. Chapters 13-15 explore the use of credit reports and scores by automobile, homeowners and mortgage insurers. bad consolidation credit debt

Chapter 16 focuses on the heated debate over whether credit scoring is tied to racial discrimination. Chapter 17 looks at some of the special challenges faced by certain groups, including Hispanics, students and the divorced. bad company credit repair

One activity that affects most adult Americans, but is little understood, is the marketing of pre-approved credit card offers-the topic of Chapter 18. Chapter 19 covers the thorny issue of unauthorized access to credit reports, a problem that can arise in a number of settings, including car dealerships, for a number of reasons, including identity theft. bad card credit credit

Chapter 20 explores the kinds of damages typically suffered by victims of inaccurate credit reports or identity theft, and provides a preliminary methodology for identifying and measuring those damages. bad car credit loan

Chapter 21 recounts the exciting legislative debate of 2003, which resulted in major amendments to increase the FCRA s consumer protections. Despite the improvements, no one in Congress or elsewhere felt that the problems of credit report inaccuracy or identity theft would go away anytime soon. Some advocates predicted the problems would get worse before they got better. bad credit loan mortgage

Chapter 22, the only entirely new chapter in this Second Edition, explores controversial policies of credit card companies that fail to report their card holders credit limits to credit bureaus, a practice that can lower credit scores. It also examines credit card companies that practice universal default, meaning they will raise card holders interest rates if their credit scores drop too much - even if they ve never had a late payment with that particular company. auto bad credit loan

Privacy

Credit scoring and credit reporting are inextricably linked to the fundamental privacy rights of consumers. As the U.S. Supreme Court has recognized, To begin with, both the common law and the literal understandings of privacy encompass the individual s control of information concerning his or her person. ¹¹ In the Information Age, privacy is defined by, and measured according to, the principles of Fair Information Practices (FIPs). As we will see in Chapter 10, these principles are at the core of information privacy laws, both in the United States and abroad, including the FCRA. They seek to ensure that individuals maintain a reasonable level of control over their personal information by ensuring accuracy, fairness, collection and use limitation, purpose specification, security, and enforcement. These principles form the basis for an international consensus¹² as to how personal data should be protected by law and by organizational practice. Enacted in 1970, the FCRA was the United States first information privacy statute. bad credit mortgage refinance

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U.S. Dept. Of Justice v. Reporters Committee, 489 U.S. 749 (1989) ¹² Principles of Fair Information Practices, Organization of Economic Cooperation and Development (OECD), 1980 The credit reporting system contains detailed and sensitive financial information concerning an estimated 205 million consumers in the United States. The system is de-signed to facilitate the free flow of information for the purposes of credit, employment, and insurance. It enables thousands upon thousands of organizations, large and small, to make important judgments about consumers based upon their personal information. There are many benefits for consumers and for the economy. bad credit refinance

All too often, however, this takes place without the knowledge or consent of consumers. Problems arise for individuals privacy, and for our economy and society, when judgments are made based upon inaccurate, incomplete, or irrelevant information. Privacy is damaged when personal information is used or disclosed for impermissible purposes. Moreover, privacy suffers when others gain unauthorized access to our credit reports. bad credit mortgage second

The purpose of this book is to increase consumers understanding of the system, and thereby increase their ability to exercise control over their personal information. The more the system is subjected to public scrutiny, and the more consumers gain control over their data, the better the system works. The goal is privacy, which is sometimes explained as informational self-determination. ¹³ This goal is more readily reached by adhering to Brandeis instruction that, Sunshine is the best disinfectant. bad credit loan student

This book answers many questions. But it will raise many more. Here are a few to keep in mind as you continue reading: ¹³ As noted by Dr. Spiros Simitis, Professor of Law, Johann Wolfgang Goethe-Universitat, Frankfurt, Germany, this right is recognized by the German Constitution and was affirmed by the German Supreme Court in a national case involving the Census. Also see the writings of Law Professors Paul M. Schwartz and Joel R. Reidenberg, including Data Privacy Law (Michie, 1996) bad card credit

• Should our society and our system of law continue to treat our personal data like a commodity bad credit financing

• Should we have a property interest in our data bad credit home loan mortgage

• In the current information age, is our personal information better viewed as a resource, both public and private bad credit loan people

These questions ultimately go to the fundamental importance of credit reports and personal information in 21st Century America. bad card credit credit people

But first things first. Let s start with the basics. Continue to Next Chapter 2005 Evan Hendricks and Privacy Times, Inc. All rights reserved. Enroll in Credit Repair About Veracity Credit Consultants Contact Veracity Full Refund Policy Veracity Site Map Privacy Statement Terms of Use Credit Repair Specialists are Ready to Help! Call Veracity and Begin Improving Your Credit Score Today! bad credit guaranteed loan

Veracity - How is a FICO Credit Score Determined The Color of Credit Scores Special Challenges Opting Out Impermissable Access Damage Damages The 2003 FACTA Battle Missing Credit Limits Conclusion Credit Scores and Credit Reports, by Evan Hendricks

Chapter 1 Basics of The Credit Score If winning isn t everything, why do they keep score bad credit refinancing

- Vince Lombardi All right, everyone, line up alphabetically, according to your height. - Casey Stengel A Brief History The Fair Isaac Corporation first developed models for calculating credit scores in the late 1950s. Credit scores started gaining widespread use in the late 1980s and came to consumers attention in the late 1990s when mortgage lenders began considering credit scores in their loan underwriting. They helped usher in today s era of automated underwriting and credit decisioning, in which large organizations can decide, via computer, whether or not to grant you credit or insurance-no human involvement necessary. bad credit equity home loan

Despite their importance and growing popularity among businesses, to consumers, credit scores were shroud-ed in mystery. It was not clear how they were calculated or who was using them. In fact, the Federal Trade Commission (FTC) put out an opinion stating that federal law did not require the credit bureaus to reveal credit scores to consumers who requested their credit reports. This was in part, because the 1996 revisions to the Fair Credit Reporting Act (FCRA) specified disclosure was not required of any information concerning credit scores or any other risk scores or predictors relating to the consumer. ¹⁴ bad credit loan payday

Public criticism of this policy mounted as the vital role of credit scores in credit and insurance decision-making became evident. The changing environment was best illustrated by a situation that arose in February 2000 at E-Loan, an Internet lender that could quickly approve mortgage and auto loans, in part because credit scores facilitated automated decision-making. To better advise consumers where they stood, E-Loan decided to tell prospective loan applicants their FICO scores a radical move at the time. Within a month, thousands of people took advantage of the service.¹⁵ bad credit repair

But the move sparked an uproar in the credit industry, as two of the three national credit reporting agencies (CRAs) moved to cut off E-Loan s use of credit scores. E-Loan ultimately prevailed when California passed a state law, sponsored by State Sen. Liz Figueroa, requiring lenders to provide California mortgage and home equity applicants with the score used in their loan decision. The law also required Equifax, Experian and Trans Union to disclose credit scores to consumers who requested them. bad credit home loan uk

Thus, it is vital that divorcees identify all of their accounts and separate them completely. This includes mortgages, credit cards, bank loans, debit cards, store charge cards, lines of credit, and overdraft checking. Some authors suggest that spouses begin separating accounts as soon as they consider separating.²⁹⁹ 2nd bad credit mortgage

Of course, it s also crucial that divorcees obtain their credit reports to check the accuracy of information. Bankruptcy Bankruptcy is the most derogatory item that can appear on your credit report. Under the Fair Credit Reporting Act, a bankruptcy can stay on your report for 10 years. But that does not mean you can no longer get credit. As Gerri Detweiler, a renowned expert on credit explains in her 1997 book, The Ultimate Credit Handbook, (Plume) people can rebuild their credit after bankruptcy or other traumas. It requires patience and a plan. It starts with checking the credit report to see where you stand. If you still have open accounts, try to negotiate with creditors to improve the way they report on you to the credit bureaus, Detweiler advises. Try to catch up on any accounts for which there might be late payments. bad credit loan unsecured

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Ventura, John The Credit Repair Kit (Dearborn 1998 3rd Edition); or see Sember, Brette McWhorter, Repair Your Own Credit and Deal With Debt (Sphinx 2003 2nd Edition) Next, try to re-establish positive lines of credit. A bank card, paid on time over time, is one of the stronger credit references you can add. In the beginning, she says, you might need to get a secured credit card, which requires you to deposit money so use of the card is secured against those deposits.³⁰⁰ But be careful: both Detweiler and the FTC warn there are a lot of scam artists offering secured credit cards. The BankCard Holders of America (BHA) provides a list of institutions offering secured cards.³⁰¹ bad consolidation credit loan

Perhaps the best scholarship on bankruptcy is found in the books of Harvard Law Professor Elizabeth Warren.³⁰² Warren has pointed out that of the 1.66 million bankruptcies filed in fiscal year 2003, nearly 40% were by husband-wife couples, meaning that the number of people who actually filed for bankruptcy in that year was 2.14 million.³⁰³ bad credit home loan new

Warren said that women were both the fastest growing and largest demographic group in bankruptcy. There were 1, 661, 996 bankruptcies filed in fiscal year 2003, up 7.4% from the 1, 547, 669 filings in fiscal year 2002. Since 1994, when filings totaled 837, 797, bankruptcies in federal courts have increased 98%. From 1991-95, annual bankruptcy filings hovered around 870, 000. The biggest noticeable jump occurred in 1995-1996, when they went from 874, 642 to 1, 125, 006.³⁰⁴ Interestingly, that is when credit card companies sharply escalated their use of direct marketing solicitations offering pre-approved credit card offers. It is estimated that the industry now sends out five billion unsolicited credit card applications annually. bad business credit loan

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Detweiler continues to advise consumers and publish, see www.ultimatecredit.com, and www.DebtConsolidationRX.com, or for her new E-Book, www. .com ³⁰¹ Send a check or money order for $4.00 to: Secured Credit Card List BHA Customer Service, 524 Branch Drive Salem, VA 24153. Also see http://www.ftc.gov/bcp/conline/pubs/credit/secured.htm ³⁰² Warren, Elizabeth, Bankruptcy (West 2002), and, Warren and Amelia Warren Tyagi, The Two-Income Trap, (Basic Books 2003) bad credit lender mortgage

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http://www.bankruptcyaction.com/USbankstats.htm ³⁰⁴ http://www.abiworld.org/stats/1980annual.html Many consumers who complete a bankruptcy find that bad debts that were supposed to be discharged as part of the bankruptcy are later erroneously included on credit reports. Robert Weed, an Alexandria, Virginia attorney, said he regularly must file motions in federal bankruptcy court in order to get creditors to stop reporting discharged debts and to get the credit reporting agencies to remove them. bad credit home loan mobile

Included In Bankruptcy

A special problem arises for individuals who are co-signers, or are otherwise legally obligated for credit cards or loans, when the other co-signer files for bankruptcy. For many years, the CRAs would report such accounts as Included In Bankruptcy even if the non-bankrupt co-signer met his or her obligation and paid the bill on time. This had an adverse impact on the creditworthiness of non-bankrupt consumers. Not only did it seem to have a negative impact on their credit scores, but also major institutions like Freddie Mac, Fannie Mae, and insurance companies do an automated scan of credit reports for serious derogatory items like bankruptcy, foreclosure, or judgment. This meant that a co-signer could be denied credit for an account that he or she in fact paid responsibly. bad cash credit loan

A class action lawsuit was filed over the issue in federal court in South Carolina. U.S. District Judge Cameron Currie had given preliminary approval to a settlement with all three CRAs that if adopted, would stop them from reporting the term bankruptcy to the credit reports of consumers who have not filed for bankruptcy.³⁰⁵ bad credit loan private

³⁰⁵ Franklin E. Clark, et al. v. Experian Information Solutions, Inc.

: C/A No. 8:00-1217-22; www.fcraclassaction.com; Equifax had proposed allowing it to continue reporting included in the bankruptcy of another, but the proposal was abandoned after additional attorneys entered the case to object. The objectors were led by Michael Caddell, of Caddell and Chapman, Houston Texas. bad card credit debt

Seniors

Because it recognized years ago that a host of credit reporting issues affected its members, the American Association of Retired Persons (AARP) has closely followed the FCRA and produced research and surveys on various aspects of it, and on identity theft. In his June 2003 testimony before the Senate Banking Committee, Michael W. Naylor, AARP s Director of Advocacy said, Our research does indicate a greater vulnerability of older Americans, based on the higher proportion of those age 50 years and older who report being victimized by identity theft, compared to the proportion of all age groups making such reports. ³⁰⁶ bad business credit loan small

Among the myriad of problems identified by Naylor was inaccuracy caused by debt collectors. Inaccuracies can also occur when a creditor sells a delinquent account to a debt collector. Once the original creditor sells the account to a debt collector, the debt collector becomes the furnisher of information on this account to the CRAs. The main source of inaccuracy in this case results from incorrect reporting of the date of initial delinquency on the account. ³⁰⁷ bad bankruptcy car credit loan

In a footnote to his prepared statement, Naylor added, One concern is that debt collectors may report the date they purchased or received the account as the date of initial delinquency, even though the actual date of initial delinquency was likely much earlier. Because the FCRA stipulates that most negative information remains on a consumer credit report for seven years from the date of initial delinquency, establishing this date is important to consumers attempting to restore their credit. bad credit instant loan

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Statement of Michael Naylor, The Growing Problem of Identity Theft and Its Relationship to the Fair Credit Reporting Act, Senate Banking Committee, June 19, 2003 ³⁰⁷ Id. Continue to Next Chapter 2005 Evan Hendricks and Privacy Times, Inc. All rights reserved. Enroll in Credit Repair About Veracity Credit Consultants Contact Veracity Full Refund Policy Veracity Site Map Privacy Statement Terms of Use bad credit equity loan

Veracity - Opt-Out of Pre-Screening

to secure... the right to be let alone the most comprehensive of rights and the right most valued by civilized men. - Justice Louis Brandeis (dissenting) Olmstead v. U.S. 277 U.S. 438 (1928) If you are tired of the barrage of pre-approved credit card offers, you can stop it. In fact, under the FCRA Amendments of 2003, you ultimately will have the right to stop large financial conglomerates from sharing data about you among their affiliates for marketing purposes. (Toward the end of this chapter, we will discuss how the new law strengthens your right to opt out.) bad credit georgia home loan

The right to opt-out from pre-screened offers, created by the 1996 Amendments, might be the least known right under the Fair Credit Reporting Act and no wonder. Scan one of the pre-approved credit card offers that you ve received in the mail and see if you can find the legally-required notice that (1) the credit card company got your name from either Equifax, Experian, or Trans Union, and (2) you have the right to call a toll-free number in order to stop the credit bureaus from selling your name. This effectively opts you out from future offers that are generated from your credit report data. application bad card credit

The Toll Free Number For Opting Out Is:

(888)-5-OPTOUT / (888) 567-8688 By calling the number and carefully following the prompts, you can opt out from pre-screening from all three credit bureaus. When you call, be prepared to press 2. By doing so, you get a choice of opting out for two years (Press one ), or opting out permanently (Press two ) or opting back in if you previously opted out (Press three ). bad credit home loan va

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 home loa

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 car credit loan new

Joyriding

From July to December 2001, Phillips used Harrison s identity to acquire goods, services, and cash in his name. The acquired items were valued at over $260, 000. Staying away from Harrison s home state of Connecticut, Phillips bounced from Florida to Virginia, and on to Texas, opening at least 60 fraudulent accounts: credit accounts, personal and auto loans, checking and savings accounts, and utility accounts. He purchased two trucks through Ford Credit valued at over $85, 000, and a Harley-Davidson motorcycle for $25, 000. He rented a house in Virginia and purchased a time-share in Hilton Head, South Carolina. He bounced over 100 checks on his Army and Air Force Exchange Service (AAFES) checking account. Phillips was indicted on federal charges in Texas, pled guilty to one count of identity theft, and was sentenced to 41 months in a Minnesota federal prison. bad credit home loan really

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Statement of Capt. John C. Harrison, U.S. Senate Committee on Banking, Housing and Urban Affairs, The Growing Problem of Identity Theft and Its Relationship to the Fair Credit Reporting Act, June 19, 2003. Harrison filed suit under the FCRA. He was represented by Chris Kittell, of Webster Gresham Kittell, Clarksdale, Miss. http://banking.senate.gov/index.cfm Fuseaction=Hearings.Testimony HearingID=43 WitnessID=177 bad credit fix

But that did not end the damage to Harrison. One of the more difficult aspects was the 20-month struggle with credit bureaus and creditors. While Experian and Trans Union did a fair job, he charged that Equifax failed to obey the FCRA. bad credit down home loan

It took eleven months and three dispute letters to get a second report from Equifax. Further, I found the report they sent to me was not the same report they were sending to creditors. Both reports that Equifax has in their system still contain as many as fifteen fraudulent accounts, Harrison told Congress in June 2003. On his credit report, he had 17 different addresses, six different phone numbers, and a changing date of birth, he said. bad credit lender

Credit bureaus hide behind the fact that they are only reporting what creditors tell them, while at the same time, victims are repeatedly sending affidavits, police reports, and detailed dispute letters proving the creditors are wrong. That is why it takes identity theft victims years instead of months to recover from this crime. bad buy car credit

I ve invested over 1, 100 hours of my time defending myself and working to restore my credit and banking histories. I ve filled eight notebooks with over 1, 500 pages of documentation. I can account for about $1, 500 in out-of-pocket expenses directly related to my identity theft. Higher interest rates have cost me over $4, 000. I ve been unknowingly sued by at least one of the creditors. I ve had my military retirement garnished. I m not credit worthy enough to open any new accounts and bad checks reported in my name prevent me from opening any deposit accounts with banks. bad bank credit loan personal

Harrison said the toughest part might be the emotional distress he suffered. He was diagnosed with Post Traumatic Stress Disorder (PTSD) and given medication. He lost his job. Harrison has filed an FCRA lawsuit, which is still pending. bad credit home loan purchase

Sadly, even as I look back over the last twenty months and retrace my steps, I can t identify a single thing I could have done differently that may have prevented the situation I m currently in, Harrison said. bad credit loan motorcycle

Once Again, With Feeling

Malcolm O. Radcliffe, Jr. also filed suit against three credit bureaus after he became a victim of identity theft in 1997. In November of that year, Radcliffe, an Indiana resident, received a phone call from a man who said he would soon be at Radcliffe s house to repossess his Toyota. Problem was, Radcliffe didn t own a Toyota. When he got his credit report, Radcliffe discovered that numerous accounts, totaling $57, 000, had been opened in his name by an imposter. Radcliffe spent hours writing and calling credit bureaus and creditors to dispute the fraudulent trade lines, but his credit report remained marred by inaccuracies not of his making. In some cases, the credit bureaus would verify the fraudulent data as accurate. In other cases, they would agree to delete it, only to reinsert it later. After at least 65 interactions with the credit bureaus and creditors, Radcliffe filed suit under the FCRA. In November 1999, he reached a confidential settlement with Experian, Trans Union, and CSC Credit Services.⁷⁸ bad credit help home loan

⁷⁸ Malcolm O. Radcliffe, Jr. v. CSC Credit Services, Inc., et al.

: U.S. Dist. Ct. - Southern Dist. of Indiana (Evansville) - No. 3:03-CV-00082. Radcliffe was represented by John Waller, of Wooden McLaughlin, Indianapolis. arizona bad credit home loan

Less than a year later, however, more fraud-generated data had returned to his credit report. Many of the returns were collection accounts stemming from the original fraudulent accounts that were removed in the 1997 settlement. So by mid-August, Radcliffe called Experian, which again corrected his report. In late September 2000, Radcliffe informed Experian that his credit report still listed a fraud-related SSN, date of birth, and misspelled name. In October, Experian again corrected the mistakes. bad credit home loan motor

In July of 2002, Radcliffe discovered that fraud-generated data was again on his credit reports. He tried calling Experian s 800-number, but after being on hold for 45 minutes, he grew frustrated and gave up. auto bad credit financing

In February 2003, because of more bad data on his credit reports, Radcliffe was denied credit after making in-store applications at Banana Republic and in Parisien, a Saks store. One of the accounts on his February 2003 Experian report was a Filene s Basement account, which was first reported in 1999 and removed as part of the settlement. bad car credit loan used

In May 2003, at the age of 69, Radcliffe sued again, this time adding Equifax as a defendant, along with Experian, Trans Union, and CSC Services Corporation. It s typical for credit industry attorneys to tell a FCRA plaintiff that they really don t have much in the way of damages. John Waller, Radcliffe s attorney, did not agree with them. But he and Radcliffe knew they had a long road ahead of them to get his case before a jury. In February 2004, the 70-year-old Radcliffe finalized his second settlement. He said he hopes it s his last. bad credit ct home loan

Studies Confirm The Anecdotes

In the next chapter, we will discuss in more detail a series of studies about identity theft. At this point, we will mention only a few of the findings. A 2003 study by the FTC found that the longer it took to discover the identity theft, the greater the damages. While 63% had no out-of-pocket losses, victims reported a wide range of problems, including wrongful bank and credit card charges, harassment by collectors, loan or insurance rejection, cut-off of utilities, civil lawsuits, and criminal investigations.⁷⁹ bad credit diego mortgage san

Among those victims who contacted a credit bureau, 58% said they were either very or somewhat satisfied, while 29% said they were somewhat dissatisfied and 9% said they were very dissatisfied. Of those consumers who contacted all three major credit bureaus, 49% said they were satisfied with all three, 20% said they were satisfied with some of them, and 31% said they were dissatisfied with all three. That reflects a significant level of dissatisfaction. bad credit mortgage people

Also in September 2003, the Identity Theft Resource Center (ITRC) published its survey of 173 victims, showing that the damage suffered by identity theft victims was escalating on all fronts. It found that fraudulent charges averaged more than $90, 000 per name used and that the average time spent by victims is about 600 hours, an increase of more than 247% over previous studies. It found that it was taking far longer than before to eliminate negative information from credit reports.⁸⁰ bad credit down home loan no

John Harrison, the retired Army Captain and identity theft victim, said an evaluation system and other incentives had to be created to get CRAs to fight identity theft. ⁷⁹ Federal Trade Commission - Identity Theft Survey (Sept. 2003) www.ftc.gov/os/2003/09/synovatereport.pdf ⁸⁰ Identity Theft: The Aftermath 2003, Identity Theft Resource Center (Sept. 2003); http://www.idtheftcenter.org/idaftermath.pdf bad company credit mortgage

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