FCRA question

[Alexander]

If a person lives in the east where they can't get a free credit report yet under the new version of the FCRA and they live in a state where they are entitled to one free credit report a year, can they get a free credit report now.

[Methuss]

No. The law allowed the FTC to determine a roll-out schedule for the freebies in order to lessen the impact upon the CRAs. The reasoning was that if the whole country went live all at once, the CRA would not be able to meet their statutory requirements to respond within 30 days.

So you have to wait.

[pursuit]

but u can try the denial of credit or insurance or employment approach

[Methuss]

Denial only works if the CRA can see a hard pull on your report within the last 30 days. If they don't see the pull, then they can decline the free report.

[Alexander]

I was not aware that the Fair and Accurate Credit Transactions Act superseded the state laws regarding getting a free annual credit report. Does anyone know for sure.

"The Fair and Accurate Credit Transaction Act of 2003, Pub. L. 108-159, 111 Stat. 1952., (FACTA) added new sections to the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., (FCRA) intended primarily to help consumers fight the growing crime of identity theft. Accuracy, privacy, limits on information sharing, and new consumer rights to disclosure are included in FACTA. . . .

Generally, those FACTA provisions without a specific effective date will be effective December 1, 2004. . . .

Even now, you are entitled to a free copy of your credit report if you live in one of seven states. Those states are: Colorado, Georgia, Maine, Maryland, Massachusetts, New Jersey, and Vermont."

http://www.privacyrights.org/fs/fs6a-facta.htm#1

http://www.ftc.gov/os/statutes/031224fcra.pdf

http://www.privacyrights.org/ar/HR2622Analysis.htm

http://www.consumersunion.org/pub/core_financial_services/000745.html

[Alexander]

Denial only works if the CRA can see a hard pull on your report within the last 30 days. If they don't see the pull, then they can decline the free report.

I think it might depend on which bureau. I use this trick with Trans Union all the time

You go to this link and type inn all the info. they ask for. Eventually it says you can't get a report over the Internet and to print out a PDF form and to mail it in. It costs just a stamp!

http://annualcreditreport.transunion.com/tu/disclosure/disclosure.jsp

For the once a year report, stating that one is unemployed and plans to seek employment in 60 days works as well.

[pursuit]

I just used the insurance excuse for EX and I rec'd report in mail yesterday.

[Champion80]

I thought the denial of credit gave a 60 day window??

[Methuss]

FACTA preempts most State laws. There are a few exceptions. Those exceptions are for laws that were in effect prior to 1996. Most State laws that came into existance after 1996 are trounced by the FACT Act.