Place a free fraud alert
15 U.S.C. § 1681c-1(a)
In plain words
If you suspect in good faith that you are, or are about to become, a victim of fraud or identity theft, you can ask one nationwide bureau to place a fraud alert for at least 1 year; it must pass the alert to the other two. Identity theft victims with an identity theft report can get an extended alert for 7 years. Either alert also entitles you to free copies of your file.
Who is protected
Consumers who suspect fraud or identity theft, and identity theft victims.
When it applies
It has no special conditions: it protects everyone it names.
Check whether it applies to youWhat you can do
Request a fraud alert
Contact any one of Equifax, Experian or TransUnion online, by phone or by mail. It must notify the other two.
Open the tool
Honest limits
- A fraud alert asks lenders to verify identity; it does not remove anything from your report. A security freeze is a separate, stronger tool.
The law
- Federal lawFCRA — initial fraud alert
15 U.S.C. § 1681c-1(a)
What it says: An initial alert lasts at least 1 year and is shared with the other nationwide bureaus.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-1&num=0&edition=prelim - Federal lawFCRA — extended fraud alert
15 U.S.C. § 1681c-1(b)
What it says: With an identity theft report, an extended alert lasts 7 years and removes you from prescreened offers for 5 years.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681c-1&num=0&edition=prelim
Court cases
- Partial winSame topicTaggart v. Lorenzen
Taggart v. Lorenzen, 587 U.S. 554 (2019)
a creditor may be held in civil contempt for violating a bankruptcy discharge order when there is no fair ground of doubt that the order barred its conduct
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner lostSame topicObduskey v. McCarthy & Holthus LLP
Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)
a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
Related rights
Block information that resulted from identity theft
15 U.S.C. § 1681c-2(a)
If identity theft put accounts or debts on your report, the credit bureau must block that information within 4 business days after you send proof of identity, a copy of an identity theft report, the items to block, and a statement that they are not yours. The bureau must tell the furnisher. It can refuse or undo a block only in limited cases, such as error or misrepresentation.
Read this rightCancel a credit repair contract within 3 business days
15 U.S.C. § 1679e
You can cancel any credit repair contract, for any reason and without penalty, until midnight of the third business day after you sign it. The company must give you a "Notice of Cancellation" form in duplicate and may not start work during those 3 days. Some states give you 5 days.
Read this rightA credit repair company cannot charge you before the work is done
15 U.S.C. § 1679b(b)
Federal law bans credit repair companies from charging or taking any money for a service before that service is fully performed. A company that bills you up front, charges a "setup" or "first work" fee, or charges a monthly fee for work it has not done yet is breaking the law.
Read this rightA written contract and a rights disclosure come first
15 U.S.C. § 1679c
Before you sign, a credit repair company must give you a separate written statement titled "Consumer Credit File Rights Under State and Federal Law." No service can be provided without a signed, dated written contract stating the total cost, a detailed description of the services, any guarantees, how long it will take, the company's address, and a bold cancellation notice next to your signature. Any waiver of these rights is void.
Read this rightYou can recover damages when the FCRA is broken
15 U.S.C. § 1681n
A credit bureau or a company that reports to one that willfully breaks the FCRA owes your actual damages or statutory damages of $100 to $1,000, possible punitive damages, and your costs and attorney's fees. A negligent violation owes actual damages and fees. The claim must be filed within 2 years of discovering the violation and no more than 5 years after it.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this right