Credit Report Repair

Creditors must comply with Federal and State Rules and Regulations in regards to reporting accurate creditor information on an individual. If reporting agencies, such as Equifax, Experian and Transunion incorrectly or negligently provide creditor information; fines and penalties are imposed and proper and correct information must be supplied. Reporting agencies are required to report accurately under the Fair Credit Reporting Act or the FCRA. We ensure after bankruptcy that Experian, Equifax and TransUnion accurately report to ensure that you receive a “fresh start” that Bankruptcy provides. We will help you to rebuild your score so you can continue to pursue your dreams to own a house, buy a car or save for your family or retirement

15 U.S.C § 1681 Congressional finding and Statement of Purpose
(a) Accuracy and fairness of credit reporting

  • 1. The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.
  • 2. an elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character and general reputation of consumers.
  • 3.Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.
  • 4. There is a need to insure that consumer credit reporting agencies exercises heir grave responsibility with fairness, impartiality and a respect for the consumer’s right to privacy.

(b) Reasonable procedures

  • 1. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance and other information in a manner which is fair and equitable to the consumer, with regard to the confidence, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.

15 U.S.C § 1681(a) Definitions; rules of construction
(a) Definitions and rules of construction set forth in this section are applicable for the purpose of this title.
(b) The term “person” means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency or other entity.
(c) the term “consumer” means an individual
(d) Consumer Report

  • 1. In general. The term consumer report means any written, oral or other communication of any information by a consumer reporting agency bearing on the consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for:
    • a. credit or insurance to be used primarily for personal, family or household purposes.
    • b. employment purposes.
    • c. any other purpose authorized under section 604.
  • 2. Exclusions. Except as provided in paragraph 3, the term consumer report does not include
    • a. credit or insurance to be used primarily for personal, family or household purposes.
      • i. report containing information solely as to transactions or experiences between the consumer and the person making the report;
      • ii. communication of that information among persons related by common ownership or affiliated by corporate control; or
      • iii. communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated to direct that such information not be communicated among such persons;
    • b. any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
    • c. any report in which a person who has been requested by a third party to make a specific extention of credit directly or indirectly to a consumer convey his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosure to the consumer required under section 615 or §1681m or
    • d. a communication described in subsections 1681(o) or (x).
  • 3. Restriction of sharing of medical information. Except for information or any communication of information disclosed as provided in 604(g)(3), the exclusions of paragraph 2 shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is
    • a. medical information;
    • b. an individualized list or description based on the payment transactions of the consumer for medical products or services; or
    • c. an aggregate list of identified consumers based on payment transactions for medical products or services.
    • (e) The term “investigative consumer report” means a consumer report or portion thereof in which information or a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information o a consumer’s credit report obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.
    • (f) the term “consumer reporting agency” means any person which, for monetary fees, or dues or on a cooperative nonprofit basis, regularily engages in whole or in part in the information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing credit reports.
    • (g) the term “file” when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.
    • (h) the term “employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.
    • (i) the term “medical information” means information or data whether oral or recorded in any form or medium, created by or derived from a health care provider or the consumer, that relates to the past, present or future physical, mental or behavioral health or condition of an individual;
      • (ii) the provisions of health care to an individual; or
      • (iii) the payment for the provisions of health care to an individual.
      • (iv) Does not include the age or gender of a consumer.

15 U.S.C §1681b 604 Permissible purposes of Consumer reports

  • (a) In General. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:
    • 1. In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before the Federal grand jury.
    • 2. In accordance with the written instructions of the consumer to whom it relates.
    • 3. to a person which it has reason to believe:
      • test (i) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extention of credit to or review or collection of an account of, the consumer or;
      • (ii) intends to us the information for employment purposes; or
      • (iii) intends to use the information in connection with the underwriting of insurance involving the consumer or;
      • (iv). Intends to use the information in connection with a determination of the consumer’s eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider the applicant’s request.


Leave a Comment

Request A Free Consultation

Please enter your name.
Please enter a valid email address.
Please enter a valid phone number.

Latest from Blog


Paying off a Chapter 13 Plan Early in a NJ Bankruptcy

Filing for Chapter 13 bankruptcy can provide much-needed relief if you're struggling with debt. But what if your financial situation...
Attractive man feeling desperate sad looking worried depressed thoughtful and lonely suffering depression on couch at home in middle age crisis mental health personal problems and life style concept.

4 Ways to Prepare for Your New Jersey Bankruptcy

Are you considering bankruptcy? It might just be one of the best decisions you make this year.  Once you are...
US Courthouse

Chapter 7 Bankruptcy vs. Chapter 13 Bankruptcy

One of the first steps in the bankruptcy process is to choose which bankruptcy chapter you'll be filing under. Choose...