CONSUMER ALERT
MIKE COX
ATTORNEY GENERAL
The Attorney General provides Consumer
Alerts to inform the public of unfair, misleading, or deceptive business
practices, and to provide information and guidance on other issues of
concern. Consumer alerts are not legal advice, legal authority, or a binding
legal opinion from the Department of Attorney General.
AVOIDING CREDIT REPAIR SCAMS
DON'T BE TAKEN IN BY QUICK FIX AND OTHER CREDIT
REPAIR OFFERS THAT SOUND TOO GOOD
TO BE TRUE
With a slowing economy where
more people are struggling to keep their heads above water and a credit crunch
that makes it harder to qualify for a loan, advertisements for credit repair
help may sound enticing. In newspapers, on the radio, TV, and the Internet,
the claims are familiar: "Credit problems? No problem!"... "Overhaul
your credit in 30 days!"... "Erase bad credit-
Guaranteed!"...Create a new credit identity-legally!" The truth is, there
are no quick or easy cures for a poor credit history, and you can't buy good
credit. Don't be taken in by offers for a miraculous credit repair fix.
Recognizing a credit repair scaM
Whether pitching services, do
it yourself guides, even software to start your own work-at-home credit repair
business, be wary of companies that promise, for a fee, to clean up and fix
your credit report. No one can legally remove accurate and timely negative
information on a credit report. Some tell-tale signs that a credit repair
offer is up to no good include:
-
The offer wants you to
pay for credit repair services up-front, before any services are provided.
Under the federal Credit Repair Organizations Act and Michigan Credit
Services Protection Act, a credit repair company cannot require payment
until they have completed the services they have promised.
-
The offer says the
company can get rid of most or all negative credit information in your
credit report, even if the information is accurate and current.
-
The offer includes a
suggestion that you create a "new" credit identity - and then a new credit
report - by applying for an Employer Identification Number to
use instead of your Social Security number. It is illegal to lie on a
loan or credit application, to misrepresent your Social Security number, and
to obtain an Employer Identification Number from the Internal Revenue
Service under false pretenses.
-
The offer includes
advice that you dispute all the information in your credit report,
regardless of its accuracy or timeliness.
-
The offer includes
guaranteed results. Guaranteeing or stating that the company is able to
delete negative credit information (which is not inaccurate or obsolete) is
illegal under the Michigan Credit Services Protection Act.
KNOW YOUR RIGHTS
If you respond to a credit
repair offer, know your rights.
-
You have the right to
cancel a contract with a credit repair organization for any reason within
three business days from the date the contract was signed.
-
Before you sign a contract,
a credit repair organization must provide you a copy of a one-page document
that outlines consumer rights in disputing inaccurate information on their
credit report, and rights in dealing with credit repair organizations
(entitled Consumer Credit File Rights Under State and Federal Law).
-
Before providing any
services, a credit repair organization must provide a written contract that
spells out your rights and obligations.
-
A credit repair
organization cannot charge you until they have completed the promised
services
FOR MORE INFORMATION AND
SELF-HELP CREDIT REPAIR
Federal law allows consumers
to ask for an investigation of information on their credit report that is
disputed as inaccurate or incomplete. There is no charge for this.
While some people hire a company to investigate on their behalf, anything a
credit repair clinic can do legally, you may be able do for yourself at little
or not cost.
For
information on how to order your credit report and what to look for when
reviewing it, please refer to the Attorney General's Consumer Alert "Free
Annual Credit Reports-What Consumers Should Know" at: www.michigan.gov/ag/0,1687,7-164-34739_20942-111010--,00.html
.
For
information on how to ask for an investigation of information on your credit
report that you dispute, and how to improve your credit worthiness, please see
the following Federal Trade Commission publications at:
www.ftc.gov/bcp/menus/consumer/credit/reports.shtm
How to Dispute Credit Report Errors - Explains how to dispute and correct
inaccurate information in your credit report, including a sample dispute
letter.
Building a Better Credit Report - Learn how legally improve your credit
report, how to deal with debt, how to spot credit-related scams, and more.
Consumers may also get free
information from the Federal Trade Commission by calling, toll-free
1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261.
Consumers may
contact the Attorney General's Consumer Protection Division at:
Consumer Protection Division
P.O. Box 30213
Lansing, MI 48909
517-373-1140
Fax: 517-241-3771
Toll free: 877-765-8388
www.michigan.gov/ag (online complaint
form)