Consumer Credit File Rights Disclosure
Consumer Credit File Rights:
CONSUMER CREDIT FILE RIGHTS UNDER STATE AND FEDERAL LAW; YOU HAVE A RIGHT TO DISPUTE INACCURATE INFORMATION IN YOUR CREDIT REPORT BY CONTACTING THE CREDIT BUREAUS/CREDIT REPORTING AGENCIES DIRECTLY. HOWEVER, NEITHER YOU NOR ANY “CREDIT REPAIR” COMPANY OR CREDIT REPAIR ORGANIZATION HAS THE RIGHT TO HAVE ACCURATE, CURRENT AND VERIFIABLE INFORMATION REMOVED FROM YOUR CREDIT REPORT. THE CREDIT BUREAU MUST REMOVE INACCURATE, NEGATIVE INFORMATION FROM YOUR REPORT ONLY IF IT IS OVER 7 YEARS OLD. BANKRUPTCY INFORMATION CAN BE REPORTED FOR 10 YEARS.
YOU HAVE A RIGHT TO OBTAIN A COPY OF YOUR CREDIT REPORT FROM A CREDIT BUREAU. YOU MAY BE CHARGED A REASONABLE FEE. THERE IS NO FEE, HOWEVER, IF YOU HAVE BEEN TURNED DOWN FOR CREDIT, EMPLOYMENT, INSURANCE, OR A RENTAL DWELLING BECAUSE OF INFORMATION IN YOUR CREDIT REPORT WITHIN THE PRECEDING 60 DAYS. THE CREDIT BUREAU MUST PROVIDE SOMEONE TO HELP YOU INTERPRET THE INFORMATION IN YOUR CREDIT FILE. YOU ARE ENTITLED TO RECEIVE A FREE COPY OF YOUR CREDIT REPORT IF YOU ARE UNEMPLOYED AND INTEND TO APPLY FOR EMPLOYMENT IN THE NEXT 60 DAYS, IF YOU ARE A RECIPIENT OF PUBLIC WELFARE ASSISTANCE, OR IF YOU HAVE REASON TO BELIEVE THAT THERE IS INACCURATE INFORMATION IN YOUR CREDIT REPORT DUE TO FRAUD.
YOU HAVE A RIGHT TO SUE A CREDIT REPAIR ORGANIZATION THAT VIOLATES THE CREDIT REPAIR ORGANIZATION ACT. THIS LAW PROHIBITS DECEPTIVE PRACTICES BY CREDIT REPAIR ORGANIZATIONS.
YOU HAVE THE RIGHT TO CANCEL YOUR CONTRACT WITH ANY CREDIT REPAIR ORGANIZATION FOR ANY REASON WITHIN 3 BUSINESS DAYS FROM THE DATE YOU SIGNED IT.
CREDIT BUREAUS ARE REQUIRED TO FOLLOW REASONABLE PROCEDURES TO ENSURE THE INFORMATION THEY REPORT IS ACCURATE. HOWEVER, MISTAKES MAY OCCUR.
YOU MAY, ON YOUR OWN, NOTIFY A CREDIT BUREAU IN WRITING THAT YOU DISPUTE THE ACCURACY OF INFORMATION IN YOUR CREDIT FILE. THE CREDIT BUREAU MUST THEN REINVESTIGATE AND MODIFY OR REMOVE INACCURATE OR INCOMPLETE INFORMATION. THE CREDIT BUREAU MAY NOT CHARGE ANY FEE FOR THIS SERVICE. ANY PERTINENT INFORMATION AND COPIES OF ALL DOCUMENTS YOU HAVE CONCERNING AN ERROR SHOULD BE GIVEN TO THE CREDIT BUREAU.
IF THE CREDIT BUREAU’S REINVESTIGATION DOES NOT RESOLVE THE DISPUTE TO YOUR SATISFACTION, YOU MAY SEND A BRIEF STATEMENT TO THE CREDIT BUREAU, TO BE KEPT IN YOUR FILE, EXPLAINING WHY YOU THINK THE RECORD IS INACCURATE. THE CREDIT BUREAU MUST INCLUDE A SUMMARY OF YOUR STATEMENT ABOUT DISPUTE INFORMATION WITH ANY REPORT IT ISSUES ABOUT YOU.
THE FEDERAL TRADE COMMISSION REGULATES CREDIT BUREAUS AND CREDIT REPAIR ORGANIZATIONS. FOR MORE INFORMATION CONTACT:
THE PUBLIC REFERENCE BRANCH
FEDERAL TRADE COMMISSION
WASHINGTON, D.C. 20580
ISee: 815 ILCS 605/6- 815 ILCS 605/6)
(from Ch. 121 1/2, par. 2106)
Sec. 6. Before the execution of a contract or other form of agreement between a buyer and a credit services organization or before the receipt by any such organization of money or other valuable consideration, whichever occurs first, such organization shall provide the buyer with a statement, in writing, containing the following:
(1) a complete and accurate statement of the buyer's right to review any file on the buyer maintained by a consumer reporting agency, as provided under the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.); (2) a statement that the buyer may review his consumer reporting agency file at no charge if a request therefor is made to such agency within 30 days after receipt by the buyer of notice that credit has been denied and if such request is not made within the allotted time, the approximate charge to the buyer for such review; (3) a complete and accurate statement of the buyer's right to dispute the completeness or accuracy of any item contained in any file on the buyer maintained by a consumer reporting agency; (4) a complete and detailed description of the services to be performed by the credit services organization and the total cost to the buyer for such services; (5) a statement notifying the buyer that: (i) credit reporting agencies have no obligation to remove information from credit reports unless the information is erroneous, cannot be verified or is more than 7 years old; and (ii) credit reporting agencies have no obligation to remove information concerning bankruptcies unless such information is more than 10 years old; (6) a statement asserting the buyer's right to proceed against the surety bond required under Section 10; and (7) the name and business address of any such surety company together with the name and the number of the account. The credit services organization shall maintain on file, for a period of 2 years after the date the statement is provided, an exact copy of the statement, signed by the buyer, acknowledging receipt of the statement.
(Source: P.A. 91-357, eff. 7-29-99.)
See: 815 ILCS 605/7- (815 ILCS 605/7)
(from Ch. 121 1/2, par. 2107)
Sec. 7. (a) Each contract between the buyer and a credit services organization for the purchase of the services of the credit services organization shall be in writing, dated, signed by the buyer, and shall include:
(1) a conspicuous statement in boldfaced type, in immediate proximity to the space reserved for the signature of the buyer, as follows:
"You, the buyer, may cancel this contract at any time before midnight of the third day after the date of the transaction. See the attached notice of cancellation form for an explanation of this right";
(2) the terms and conditions of payment, including the total of all payments to be made by the buyer, whether to the credit services organization or to another person;
(3) a full and detailed description of the services to be performed by the credit services organization for the buyer, including all guarantees and all promises of full or partial refunds, and the estimated date by which the services are to be performed or the estimated length of time for performing the services; and
(4) the address of the credit services organization's principal place of business and the name and address of its agent in the State authorized to receive service of process.
(b) The contract must have two easily detachable copies of a notice of cancellation. The notice must be in boldfaced type and in the following form:"Notice of Cancellation" "You may cancel this contract, without any penalty or obligation, within three days after the date the contract is signed.
If you cancel, any payment made by you under this contract will be returned within 10 days after the date of receipt by the seller of your cancellation notice.
To cancel this contract, mail or deliver a signed, dated copy of this cancellation notice, or other written notice to:
(name of seller) at (address of seller) (place of business) not later than midnight (date)
I hereby cancel this transaction."
(date) (purchaser's signature)
(c) The credit services organization shall give to the buyer a copy of the completed contract and all other documents the credit services organization requires the buyer to sign at the time they are signed.
(Source: P.A. 85-1384.)
(815 ILCS 605/8)
(from Ch. 121 1/2, par. 2108)
Sec. 8. Any contract for services which does not comply with applicable provisions of this article shall be void and unenforceable as contrary to public policy. Any waiver by a buyer of the provisions of this Act shall be deemed void and unenforceable by a credit services organization as contrary to public policy. Any attempt by a credit services organization to have a buyer waive rights granted by this Act shall constitute a violation of this Act.
(Source: P.A. 85-1384.)
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