Stuart Hunter asked:


 

In years past, the credit repair industry was tainted by fly by night credit repair clinics and other credit fixing scams. Despite the need that many people had to get help with repairing their credit, it was hard to find a credit repair company they could trust.

Today, the credit repair industry has matured thanks to increased awareness and federal regulation. The keystone of this regulation is the Credit Repair Organizations Act, also known as CROA. Recognizing the value of professional credit repair services, Congress enacted CROA in order to define appropriate actions of a credit repair organization and to outlaw many of the practices typical of a fraudulent credit repair clinic.

While there are still some fraudulent credit repair organizations trying to take your money, by understanding the basic ideas of CROA, you can easily identify these scams and make sure you avoid them. Knowing what things credit repair companies are and are not able to do, will keep you from becoming a victim.

Below are three key points of CROA and what they mean to you as you are shopping for a credit repair company.

1) Credit repair organizations cannot charge fees for services before they are rendered

Most credit repair scams start off the same way. You are required to pay a large upfront fee, often times in the range of hundreds or even thousands of dollars. Then, after you have made the payment, the credit repair company does little or nothing to repair your credit and in some cases, simply disappears with your money.

To keep you from becoming a victim of this type of scam, CROA prevents credit repair companies from charging for services before they have been provided. If a credit repair company charges a set up fee, they cannot collect that fee until after the task of setting up your case has been completed. If a credit repair company charges monthly fees, those fees cannot be collected until after a month’s worth of services have been provided.

Keeping this requirement in mind is probably the most important thing you can do to avoid becoming a victim of a credit repair scam. Even today there are companies like Champion Credit Consulting and Credit Clean who will try to charge you $795 and $1223 before they have done anything to repair your credit.

2) Credit repair organizations cannot make incorrect or misleading statements

Preying on the naivety and lack of knowledge of people looking to improve their credit, many credit repair companies entice people with claims of improving their credit score 100 points in 60 days or removing bankruptcies from their credit reports. The truth is that while it is possible for each of these things to happen, no credit repair company can promise that they will.

In fact, no credit repair company can promise to remove anything from your credit reports because ultimately, it is up to the credit bureaus what items are listed on your reports. Disputing credit is not failsafe. There are cases where no matter what you do, a particular negative item will not be removed from your credit reports.

Any company that promises to increase your credit score or remove any negative items from your credit reports is violating the law. According to CROA, and the nature of the credit system, the best any credit repair company can do is promise to put forth a best effort. Just like in a court of law, a lawyer can promise to work as hard as they can, but they cannot promise that you will win over the jury.

3) Credit repair companies must inform you of your rights

The credit system is not easy and many people do not adequately understand their rights within the system. This lack of education makes it easy for con-artists to prey on the unaware.

So you do not get caught off-guard, credit repair organizations are required to inform all prospective customers of their right to order their own credit reports and their right to dispute the questionable information they contain. They are also required to inform you of your right to cancel your credit repair service within 3 days of signing up for no reason and with no penalty.

When signing up with a credit repair organization, CROA dictates that you should be presented with a disclosure statement titled “Consumer Credit File Rights Under State and Federal Law”. This statement describes the rights mentioned above.

CROA has changed the landscape in the credit repair industry and has been very effective in helping the FTC identify and prosecute shady credit repair organizations. Because of CROA, you can feel confident that your money will be well spent when you enlist the services of a legally compliant credit repair company.



Omer

Ian Webber asked:


Credit repair has its share of detractors, and perhaps for good reason. The FTC campaign against credit repair scams makes perfect sense. But for every consumer that has been disappointed by a questionable credit repair scheme, there are so many more that have benefited from the service of a genuine credit repair professional. Is it time for the FTC to acknowledge the good guys in the credit repair industry?

The credit reporting system is not perfect. There is no debate about this. The Fair Credit Reporting Act (FCRA) provides the legal process for consumers to correct errors on their credit reports and initiate a credit repair effort if necessary. How common are these errors? How difficult are they to identify and correct?

You may be aware of the often quoted Public Interest Research Group (PIRG) studies which conclude that three-quarters of all credit reports have errors. The Government Accounting Office (GAO) conducted a study of studies on the subject and also identified the severity of the issue. The real need for credit repair arises from the potential economic impact of these errors which translate into higher interest rates and less favorable terms for those affected.

To appreciate the need for credit repair you need only look at the numbers. Each of the three major Credit Reporting Agencies maintains data on approximately two hundred million Americans. Per the Public Interest Research Group studies, about one hundred fifty million Americans have errors on their credit reports. The PIRG studies conclude that although some of the errors will have little or no bearing on the credit classification of the consumer, a full twenty five percent of the errors are likely to result in outright denial of credit.

Twenty five percent represents fifty million people. As large a number as this is, it is only reasonable to extrapolate that there is an even larger group who suffer needless economic hardship from errors without experiencing outright credit denial. Between the two statistics are one hundred million Americans who may be paying premium interest rates as the result of errors; one hundred million Americans who may be paying higher mortgage payments, auto loan payments, and credit card payments. How far does the Fair Credit Reporting Act go to resolve this problem and aid or encourage the credit repair process?

The truth is that the Fair Credit Reporting Act does very little to mitigate the impact of credit reporting issues or support the credit repair process. The average person has difficulty reading a credit report, and beyond the face value of the information on the report lays the vast array of virtually inaccessible legal information that would facilitate their ability to manage the chore of credit repair. This includes the basic guidelines of the Fair Credit Reporting Act itself, reporting period limits, dispute rights, etc., as well as other legislation that may come to bear such as the Fair Debt Collection Practices Act and individual state statutes of limitation.

The complexity of credit repair in and of itself should not be a problem. The tax code is no less difficult and we all manage to get our tax returns done. For that matter, most of us drive automobiles and have no clue about how an internal combustion engine works, much less how to fix one. The real problem is the public perception of the credit repair industry. Imagine if we were regularly persuaded that accountants were unnecessary; how would we get our taxes done? Or if we were told to stay away from auto mechanics; how many of us would be able to repair or maintain our automobiles adequately?

The accuracy of your credit report is important. Your credit score will determine the cost of every dollar you borrow, and its affect will determine the quality of your life. I understand the FTC campaign against bad credit repair operations. And I understand the importance of the media warnings against illegal credit repair schemes. But for all of the good intentions of the FTC, the result of their myopic anti credit repair attitude has been an enormous cost for millions of people that should have been encouraged to seek professional credit repair help.

For all of the bad publicity surrounding credit repair schemes, there are many excellent professional credit repair businesses. The services provided by these credit repair professionals are no less important than services offered by any financial expert and should be sought out by anyone in need of guidance. As important as the FTC warnings against abusive practices may be, it is time for them to acknowledge the good guys that operate in the credit repair field.

Copyright © 2008 Ian Webber. All Content. All Rights Reserved.



Sam