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Article Series: Do It Yourself Credit Repair
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The Credit Repair Organizations
Act
As people become more concerned with their credit, more and
more credit repair agencies are being created. You’ve
seen the infomercials on television and the banner advertisements
on websites. There are numerous companies that claim
they can completely erase bad credit, create new credit,
and even remove bankruptcies and judgments from your
credit report. Legally, these companies cannot remove
anything from your credit history that is accurate or
timely.
Companies
like those mentioned before prey on people that have poor
credit histories. They know that people with poor
credit might have a hard time cleaning it up. Coupled with
the desire for new things like cars and houses, bad credit
creates a tough situation. Credit repair companies promise
to clean up your credit for good so you can get that auto loan
or mortgage that you have been seeking. This is, of course,
for a fee. You are charged several hundreds and maybe even
thousands of dollars and after a few months your credit hasn’t
improved.
Fortunately, there are laws that protect consumers from these
kinds of scams. Congress passed the Credit Repair Organizations
Act in 1997. The Act limits the claims that credit
repair organizations can make about their services. Not only that, the Act helps
to make sure that consumers who choose to use these services
do not pay until the promised results have been achieved.
In May 2006, Congress passed the Credit Repair Organizations
Act Technical Corrections Act in order to clarify the definition
of a credit repair organization. This act was passed following
several lawsuits against legitimate credit monitoring organizations.
A credit repair organization was defined as one that seeks
to improve a person’s credit file.
Credit repair organizations are required to give customers
a copy of the “Consumer Credit File Rights Under State
and Federal Law”. You must be given this document before you sign
a contract to work with them. The contract should fully explain
your rights and obligations as a consumer. Before signing anything,
you should read and understand both of these documents.
There are laws that protect consumers from scams created by
credit repair companies. A credit repair company is not allowed
to make false claims about the services that they provide.
The company should not charge you until they have completed
the services promised to you. They also are not allowed to
perform any services until you have signed the written contract.
Even after you sign the contract, there is still a 3-day waiting
period in which you can cancel the contract without incurring
any fees.
Several pieces of information must be included in your contract.
The contract must include a detailed description
of each of the services to be performed and the payment terms
for each. A total cost for services should be included. The length of
the time that it will take to achieve the results should also
be included in the contract. If the company offers any guarantees,
these must be listed in the contract. One of the most important
aspects of the contract is the company’s name and business
address. The Credit Repair Organizations Act requires this
information to be included.
Should you find yourself in a situation where a credit repair
agency has violated the Credit Repair Organizations Act, you
are entitled to file a lawsuit against the company within 5
years of the violation. You are also allowed to report the
company to the Federal Trade Commission who enforces laws against
habitual violators.
A credit repair company is not
allowed to ask you to waive any rights that have been given to you by the Credit Repair
Organizations Act. This is against the law. You should not
trust any company that asks you to give up these rights. Even
if you do waive these rights, either oral or written, the waiver
cannot be used in court. Should the company violate your rights
given by the Act and you later file suit, the company will
not be able to use the waiver as a defense. The company will
still be held liable for actions contrary to the law.
The Credit Repair Organizations Act protects consumers from
scams by credit repair companies. Before retaining the services
of such a company make sure that the company is abiding by
these laws.
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by SolveYourProblem.com
: 2007
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