Thursday, December 9, 2004

How to Get Utilities Off of Your Credit

Congress enacted the Fair Credit Reporting Act in 1970. The act gives consumers the right to dispute their credit reports and imposes civil liabilities on credit reporting agencies and creditors. Creditors must notify consumers of their legal rights to dispute negative financial information that could potentially hurt their financial credit ratings and to furnish truthful information to credit reporting agencies. Creditors, including utility service providers, must investigate consumer complaints and disputes within 30 days of receiving them. Additionally, Congress enacted the Fair and Accurate Credit Transactions Act amending the Fair Credit Reporting Act. Under the amendment, consumers have a right to obtain a free credit report annually from each of the three national reporting agencies and to request the removal of paid debts and incorrect items.

Instructions

    1

    Visit "annualcreditreport.com" or contact the nationwide credit reporting agencies' centralized reporting system by phone available at ftc.gov. Alternatively, you can send a written request by mail for a free credit report by visiting the Federal Trade Commission's website. According to federal law, you have a legal right to receive a free annual credit report from each of the three credit reporting agencies: Experian, TransUnion and Equifax.

    2

    View your credit report. Locate the information regarding the utility service provider's reported debt. Under the federal Equal Credit Opportunity Act, utility companies cannot discriminate against you and require you to pay for your spouse's separate credit obligations. In most states, you may not be responsible for any of your spouse's past debts before you were married. If your credit report contains information relating to debts which are not yours, you may contact your utility company.

    3

    File a formal dispute with the credit reporting agency by sending them a written letter detailing why you believe the information provided by a utility company is incorrect. Attach any substantiating information, including paid bills, receipts, bank statements or previous acknowledgments from your utility company agreeing to remove or correct a specific charge. Specifically request the reporting agency to remove the item or correct it to reflect accurate information. Send your dispute directly to the credit reporting agency. Credit reporting agencies have 30 days to investigate the validity of your dispute.

    4

    Contact your utility company's billing department using the phone number provided on your credit report. If you paid the debt or believe the debt is not your responsibility, you must send a written request to remove it or dispute it. Your utility company was legally required to provide you with accurate billing information, including an itemized list of unpaid charges and how to dispute those charges before it reported your negative credit information. Failure to provide this information is grounds for a fine imposed on the utility company for up to $1,000 for each violation.

    5

    File a complaint with the FTC by visiting "FTC.gov" if your utility company refused to answer your dispute letter or if a credit reporting agency fails to investigate a dispute on your behalf.

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