Laws and Your Rights
The Fair and Accurate Credit Transaction Act (FACTA)
This law provides consumers with the legal right to receive an annual free credit report from each of the three credit bureaus.
This is done through annualcreditreport.com, a site that's operated jointly by the three main credit bureaus. Consumers may also telephone the bureaus to receive their reports.
Note: Consumers frequently confuse their credit reports with their Fair Isaac Company score, commonly referred to as your "FICO score".
While getting your credit reports once a year is free, getting your FICO score is not.
If you discover info on your credit files that is inaccurate, there's a section on the Fair Credit Reporting Act (15 U.S.C Section 168 li) that lets you dispute the information.
A Summary of Your Credit Rights
In brief, here are your credit rights under the law:
- You have the right to annually check your own credit reports free of charge
- You have the right to dispute any negative or incorrect item you discover
- You may notify credit bureaus of mistakes, and they must investigate all items that you've notified them are inaccurate.
The credit bureaus, upon receiving your item dispute, are required under law to investigate the item in question and within 30 days the item must be validated or removed from your credit files.
Negative info on your credit report will normally remain for seven years. In the case of bankruptcy, the time is extended to ten years. (This is one of the main reasons why we urge consumers to consider their options before declaring bankruptcy.)
For complete information here's one place to get a free credit report online.
The Fair Debt Collection Practices Act (FDCPA)
This is the law that governs how collection agencies may operate their business.
Under the FDCPA, within five days of contacting you about a debt, a debt collector is legally required to send you a written notice:
- detailing how much you owe
- including the original name of the creditor
- notifying you of your rights if you believe you do not owe the money.
If you don't receive this proper notification, we often recommend that consumers do not speak or deal with a collection agency except to contact the agency and demand that they provide this to you under the terms of the FDCPA.
The debt collector is required to send you documented proof of the debt you owe, or by law, they must stop contacting you.
The Fair Debt Collection Practices Act includes other protections for consumers including prohibiting collectors from:
- calling you at work
- threatening to take action against you
- issuing a warrant for your arrest
- using obscene language
- talking to your friends or family members about a debt
Let's face it, most debt collection agencies play rough.
They're often representing companies who've "purchased" your debt from your original lender for pennies on the dollar, and they may be working for commission based upon how much money they can extract from you!
It is up to you to know your rights under the law and hold their feet to the fire!
If collectors are calling you and debts have become a problem, this is a sign that you have unsecured debt. The good news is that unsecured debt can often be eliminated rather quickly through debt relief.
The National Debt Relief Group can help you find the right solution with a free consultation. You can fill out our Short Application and one of our debt specialists will contact you within minutes, or you can call now – (888) 703-4948.
Credit Card Laws
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Debts We Can Settle
Unsecured debts:
- Credit cards
- Unsecured loans, personal loans, or lines of credit
- Medical bills
- Collections or repossessions
- Business debts
Debts We Can't Settle
Secured debts:
- Lawsuits
- IRS debt or back taxes
- Utility bills
- Auto loans, government loans, or student loans
- Mortgages or home loans
- Other secured debts
Your Debt Relief Alternatives
If you are considering a type of debt relief program, know that there are alternatives to debt settlement. National Relief also offers debt management, which may work better for some consumers.
Your Consumer Rights
All consumers should be aware that they have specific rights under The Fair Debt Collection Practices Act. Debt collectors must follow the rules. Violations of this act by collectors can result in the consumer receiving damage awards.

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