|
.
Your source for free Consumer
Reports on Automobiles, Children, School, Insurance, Business, Safety,
Government benefits and much more.
-
Check Out More
- FREE Reports!
- How to Buy a used Car the Smart Way
Nine Ways to Lower Your Auto Insurance
Buying a Safer Car
66 Ways to Save Money
Guide to Getting a Government Job
The Small Business Handbook (128 pages)
Inside Guide to Air Quality
"Hottest Brand-new
Software Collection on the Web!
Over 50 brand new
"must-have" software programs in one amazing
package!
http://24-7-ebiz.com/
You will absolutely love using these profitable, time-saving
new software tools!
But we are also giving you the master resale rights to them
all...
so you can offer this huge, new software collection to others,
using a copy of this website ... and YOU keep all the money!
And because customers download the software themselves, your
costs per sale are zero!
So you keep the full 100% of every sale!
And you won't find a better profit margin than that!
http://24-7-ebiz.com/
What you are getting is a ready-made 100%
Profit 'Software Business' which others charge hundreds of
dollars for...
Check Out
What's
In This GREAT Package Now:
FREE
World Wide Resell Rights. 
|
Cost of Owning & Operating Autos
How to Communicate for Better Auto Service
Growing a Healthy and Safe Lawn
New Car Buying Guide
How to Buy Surplus Property from the Military
Guide to Buying Used Government Property
How to Buy Land from the Government
Finding & Purchasing Government Lands
|
Website
templates, Flash Intro Templates, Logo
Templates
Easily
create a unique web presence INSTANTLY using
pre-made designs and templates of the highest
quality. We have searched
for the best, and these pre-made web designs
can easily be customized to reflect your
company's branding. Highly
Recommended!
CLICK
HERE NOW
|
|

|
Helping Your Child Learn Responsible Behavior
Books for Children - a Reading List
Business Credit for Women & Minorities
Consumer Handbook for Credit Protection
How to Claim Government Benefits
Eating for Life - healthy eating to live longer
Earn up to 56% With Our
Powerful Associate Program
What's Fair in Collecting Debts
A Consumer's Guide to Fats in Foods
Guide to Federal Help for the Disabled
Your Home Fire Safety Checklist
A Consumer Guide to Air Travel
Fly Smart - How to enjoy your next flight
Foreign Country Entry Requirements
Getting Your GED

Helping Your Child Learn Geography
Helping Your Child Get Ready for School
Consumer Handbook on Adjustable Rate Mortgages
Helping Your Child Be Healthy & Fit
Helping Your Child Succeed in School
Helping Your Child Learn Math
Earn up to 56% With Our
Powerful Associate Program
Helping Your Child Learn to Read
Helping your Child Learn History
Preparing Your Child for College
Staying Independent in Your Older Years
Guide to Invention Promotion Scams
What You Should Know About Life Insurance
Lost or Stolen: Credit and ATM Cards
The Medicare Handbook

60 Commonly Asked Questions About Medicare
Guide to Health Insurance for People with Medicaid
Invest Wisely - A Guide to Mutual Funds
Naturalization Requirements & General
Information
Customs Rules for Returning Residents
General Information Concerning Patents
Guide to Pesticides & Toxic Substances
Emergency Preparedness Checklist
Solving Credit Problems
Read It Before You Eat It!
Creating Resumes & Cover Letters that Work!
Your Guide to Social Security Benefits
Swindlers are Calling!
How Investment Swindles Work
Schools Without Drugs - A Plan for us all
Timeless Classics - A Reading List
Guide to Trademarks
Federal Benefits for Veterans & Dependents
Guide to Obtaining Vital Records
You
Can Sell Anything On The Internet!!!
"The
Secret"
-
|
|
Free Information
Reserve Center
|

|
|

Click Here for More Info
- Consumer Handbook to Credit Protection
Laws
-
- Contents
-
- INTRODUCTION
- THE COST OF CREDIT
- Shopping Is the First Step
- What Laws Apply?
- The Finance Charge and Annual Percentage Rate (APR)
- A Comparison
- Cost of Open-end Credit
- Leasing Costs and Terms
- Open-end Leases and Balloon Payments
- Costs of Settlement on a House
- APPLYING FOR CREDIT
- Discrimination
- What Law Applies?
- What Creditors Look For
- Information the Creditor Can't Use
- Special Rules
- Discrimination Against Women
- If You're Turned Down
- CREDIT HISTORIES AND RECORDS
- Building Up a Good Record
- What Laws Apply?
- Credit Histories for Women
- Keeping Up Credit Records
- OTHER ASPECTS OF USING CREDIT
- What Laws Apply?
- Billing Errors
- Defective Goods or Services
- Prompt Credit for Payments and Refunds for Credit Balances
- Cancelling a Mortgage
- Lost or Stolen Credit Cards
- Unsolicited Cards
- ELECTRONIC FUND TRANSFERS
- Instant Money
- EFT in Operation
- What Law Applies?
- What Record Will I Have of My Transactions?
- How Easily Will I Be Able to Correct Errors?
- What About Loss or Theft?
- What About Solicitations?
- Do I Have to Use EFT?
- Special Questions About Preauthorized Plans
- COMPLAINING ABOUT CREDIT
- Complaining to Federal Enforcement Agencies
- Penalties Under the Laws
- GLOSSARY
- SUBJECT INDEX
- DIRECTORY OF FEDERAL AGENCIES
- FEDERAL RESERVE BANKS
- OTHER CONSUMER PAMPHLETS AVAILABLE
-
- INTRODUCTION
-
- The Consumer Credit Protection Act of 1968--which launched
- Truth in Lending--was a landmark piece of legislation. For
the
- first time, creditors had to state the cost of borrowing
in a
- common language so that you--the customer--could figure
out
- exactly what the charges would be, compare costs, and shop
- around for the credit deal best for you.
- Since 1968, credit protections have multiplied rapidly.
- The concepts of "fair" and "equal"
credit have been written
- into laws that outlaw unfair discrimination in credit
- transactions; require that consumers be told the reason
when
- credit is denied; let borrowers find out about their
credit
- records; and set up a way to settle billing disputes.
- Each law was meant to reduce the problems and confusion
- surrounding consumer credit which, as it became more
widely
- used in our economy, also grew more complex. Together,
these
- laws set a standard for how individuals are to be treated
in
- their financial dealings.
- The laws say, for instance:
- -- that you cannot be turned down for a credit card just
- because you're a single woman;
- -- that you can limit your risk if a credit card is lost
or
- stolen;
- -- that you can straighten out errors in your monthly bill
- without damage to your credit rating; and
- -- that you won't find credit shut off just because you've
- reached the age of 65.
- But, let the buyer be aware! It is important to know your
- fights and how to use them. This handbook explains how the
- consumer credit laws can help you shop for credit, apply
for
- it, keep up your credit standing, and--if need
be--complain
- about an unfair deal. It explains what you should look for
when
- using credit and what creditors look for before extending
it.
- It also points out the laws' solutions to discriminatory
- practices that have made it difficult for women and
minorities
- to get credit in the past.
-
- THE COST OF CREDIT
-
-
- Shopping is the First Step
-
- You get credit by promising to pay in the future for
- something you receive in the present.
- Credit is a convenience. It lets you charge a meal on your
- credit card, pay for an appliance on the installment plan,
take
- out a loan to buy a house, or pay for schooling or
vacations.
- With credit, you can enjoy your purchase while you're
paying
- for it--or you can make a purchase when you're lacking
ready
- cash.
- But there are strings attached to credit too. It usually
- costs something. And of course what is borrowed must be
paid
- back.
- If you are thinking of borrowing or opening a credit
- account, your first step should be to figure out how much
it
- will cost you and whether you can afford it. Then you
should
- shop around for the best terms.
-
- What Laws Apply?
-
- Two laws help you compare costs:
- TRUTH IN LENDING requires creditors to give you certain
- basic information about the cost of buying on credit or
taking
- out a loan. These "disclosures" can help you
shop around for
- the best deal.
- CONSUMER LEASING disclosures can help you compare the cost
- and terms of one lease with another and with the cost and
terms
- of buying for cash or on credit.
-
- The Finance Charge and Annual Percentage Rate (APR)
-
- Credit costs vary. By remembering two terms, you can
- compare credit prices from different sources. Under Truth
in
- Lending, the creditor must tell you--in writing and before
you
- sign any agreement--the finance charge and the annual
- percentage rate.
- The finance charge is the total dollar amount you pay to
- use credit. It includes interest costs, and other costs,
such
- as service charges and some credit--related insurance
premiums.
- For example, borrowing $100 for a year might cost you $10
- in interest. If there were also a service charge of $1,
the
- finance charge would be $11.
- The annual percentage rate (APR)is the percentage cost (or
- relative cost) of credit on a yearly basis. This is your
key to
- comparing costs, regardless of the amount of credit or how
long
- you have to repay it:
- Again, suppose you borrow $100 for one year and pay a
- finance charge of $10. If you can keep the entire $100 for
the
- whole year and then pay back $110 at the end of the year,
you
- are paying an APR of 10 percent. But, if you repay the
$100 and
- finance charge (a total of $110) in twelve equal monthly
- installments, you don't really get to use $100 for the
whole
- year. In fact, you get to use less and less of that $100
each
- month. In this case, the $10 charge for credit amounts to
an
- APR of 18 percent.
- All creditors--banks, stores, car dealers, credit card
- companies, finance companies-must state the cost of their
- credit in terms of the finance charge and the APR. Federal
law
- does not set interest rates or other credit charges. But
it
- does require their disclosure so that you can compare
credit
- costs. The law says these two pieces of information must
be
- shown to you before you sign a credit contract or before
you
- use a credit card.
-
- A Comparison
-
- Even when you understand the terms a creditor is offering,
- it's easy to underestimate the difference in dollars that
- different terms can make. Suppose you're buying a $7,500
car.
- You put $1,500 down, and need to borrow $6,000. Compare
the
- three credit arrangements on the next page.
- How do these choices stack up? The answer depends partly
- on what you need.
- The lowest cost loan is available from Creditor A.
- If you were looking for lower monthly payments, you could
- get then by paying the loan off over a longer period of
time.
- However, you would have to pay more in total costs. A loan
from
- Creditor B--also at a 14 percent APR, but for four
years--will
- add about $488 to your finance charge.
- If that four-year loan were available only from Creditor
- C, the APR of 15 percent would add another $145 or so to
your
- finance charges as compared with Creditor B.
- Other terms--such as the size of the down payment--will
- also make a difference. Be sure to look at all the terms
before
- you make your choice.
-
-
- Cost of Open-end Credit
-
- Open-end credit includes bank and department store credit
- cards, gasoline company cards, home equity lines, and
- checkoverdraft accounts that let you write checks for more
than
- your actual balance with the bank. Open-end credit can be
used
- again and again, generally until you reach a certain
- prearranged borrowing limit. Truth in Lending requires
that
- open-end creditors tell you the terms of the credit plan
so
- that you can shop and compare the costs involved.
- When you're shopping for an open-end plan, the APR you're
- told represents only the periodic rate that you will be
- charged--figured on a yearly basis. (For instance, a
creditor
- that charges 1% percent interest each month would quote
you an
- APR of 18 percent.) Annual membership fees, transaction
- charges, and points, for example, are listed separately;
they
- are not included in the APR. Keep this in mind and compare
all
- the costs involved in the plans, not just the APR.
- Creditors must tell you when finance charges begin on your
- account, so you know how much time you have to pay your
bill
- before a finance charge is added. Creditors may give you a
- 25-day grace period, for example, to pay your balance in
full
- before making you pay a finance charge.
- Creditors also must tell you the method they use to figure
- the balance on which you pay a finance charge; the
interest
- rate they charge is applied to this balance to come up
with the
- finance charge. Creditors use a number of different
methods to
- arrive at the balance. Study them carefully; they can
- significantly affect your finance charge.
- Some creditors, for instance, take the amount you owed at
- the beginning of the billing cycle, and subtract any
payments
- you made during that cycle. Purchases are not counted.
This is
- called the adjusted balance method.
- Another is the previous balance method. Creditors simply
- use the amount owed at the beginning of the billing cycle
to
- come up with the finance charge.
- Under one of the most common methods-the average daily
- balance method--creditors add your balances for each day
in the
- billing cycle and then divide that total by the number of
days
- in the cycle. Payments made during the cycle are
subtracted in
- arriving at the daily amounts, and, depending on the plan,
new
- purchases may or may not be included. Under another
method--the
- two-cycle average daily balance method--creditors use the
- average daily balances for two billing cycles to compute
your
- finance charge. Again, payments will be taken into account
in
- figuring the balances, but new purchases may or may not be
- included.
- Be aware that the amount of the finance charge may vary
- considerably depending on the method used, even for the
same
- pattern of purchases and payments.
- If you receive a credit card offer or an application, the
- creditor must give you information about the APR and other
- important terms of the plan at that time. Likewise, with a
home
- equity plan, information must be given to you with an
- application.
- Truth in Lending does not set the rates or tell the
- creditor how to calculate finance charges--it only
requires
- that the creditor tell you the method that it uses. You
should
- ask for an explanation of any terms you don't understand.
-
- Leasing Costs and Terms
-
- Leasing gives you temporary use of property in return for
- periodic payments. It has become a popular alternative to
- buying--under certain circumstances. For instance, you
might
- consider leasing furniture for an apartment you'll use
only for
- a year. The Consumer Leasing law requires leasing
companies to
- give you the facts about the costs and terms of their
- contracts, to help you decide whether leasing is a good
idea.
- The law applies to personal property leased to you for
- more than four months for personal, family, or household
use.
- It covers, for example, long-term rentals of cars,
furniture,
- and appliances, but not daily car rentals or leases for
- apartments.
- Before you agree to a lease, the leasing company must give
- you a written statement of costs, including the amount of
any
- security deposit, the amount of your monthly payments, and
the
- amount you must pay for licensing, registration, taxes,
and
- maintenance.
- The company must also give you a written statement about
- terms, including any insurance you need, any guarantees,
- information about who is responsible for servicing the
- property, any standards for its wear and tear, and whether
or
- not you have an option to buy the property.
-
- Open-end Leases and Balloon Payments
-
- Your costs will depend on whether you choose an open-end
- lease or a closed-end lease. Open-end leases usually mean
lower
- monthly payments than closed-end leases, but you may owe a
- large extra payment--often called a balloon payment--based
on
- the value of the property when you return it.
- Suppose you lease a car under a three-year open-end lease.
- The leasing company estimates the car will be worth $4,000
- after three years of normal use. If you bring back the car
in a
- condition that makes it worth only $3,500, you may owe a
- balloon payment of $500.
- The leasing company must tell you whether you may owe a
- balloon payment and how it will be calculated. You should
also
- know that:
- -- you have the right to an independent appraisal of the
- property's worth at the end of the lease. You must pay the
- appraiser's fee, however.
- -- a balloon payment is usually limited to no more than
three
- times the average monthly payment. If your monthly payment
- is $ 200, your balloon payment wouldn't be more than
- $600--unless, for example, the property has received more
- than average wear and tear (for instance, if you drove a
- car more than average mileage).
- Closed-end leases usually have higher monthly payment than
- open-end leases, but there is no balloon payment at the
end of
- the lease.
-
- Costs of Settlement on a House
-
- A house is probably the single largest credit purchase for
- most consumers--and one of the most complicated. The Real
- Estate Settlement Procedures Act, like Truth in Lending,
is a
- disclosure law. The Act, administered by the Department of
- Housing and Urban Development, requires the lender to give
you,
- in advance, certain information about the costs you will
pay
- when you close the loan.
- This event is called settlement or closing, and the law
- helps you shop for lower settlement costs. To find out
more
- about it, write to:
- Deputy Assistant Secretary for Housing Attention:
- RESPA Enforcement
- U.S. Department of Housing and Urban
- Development 451 Seventh Street, S.W. Room 5241
- Washington, D.C. 20410
- Should you need to phone:
- (202) 708-4560
- A Federal Reserve pamphlet, entitled "A Consumer's
Guide
- to Mortgage Closing Costs," also contains useful
information
- for consumers.
-
- APPLYING FOR CREDIT
-
-
- Discrimination
-
- When you're ready to apply for credit, you should know
- what creditors think is important in deciding whether
you're
- creditworthy. You should also know what they cannot
legally
- consider in their decisions.
-
- What Law Applies?
-
- EQUAL CREDIT OPPORTUNITY ACT requires that all credit
- applicants be considered on the basis of their actual
- qualifications for credit and not be turned away because
of
- certain personal characteristics.
-
- What Creditors Look For
-
- The Three C's. Creditors look for an ability to repay debt
- and a willingness to do so--and sometimes for a little
extra
- security to protect their loans. They speak of the three
C's of
- credit-capacity, character, and collateral.
- Capacity. Can you repay the debt? Creditors ask for
- employment information: your occupation, how long you've
- worked, and how much you earn. They also want to know your
- expenses: how many dependents you have, whether you pay
alimony
- or child support, and the amount of your other
obligations.
- Character. Will you repay the debt? Creditors will look at
- your credit history (see chapter on Credit Histories and
- Records): how much you owe, how often you borrow, whether
you
- pay bills on time, and whether you live within your means.
They
- also look for signs of stability: how long you've lived at
your
- present address, whether you own or rent, and length of
your
- present employment.
- Collateral. Is the creditor fully protected if you fail to
- repay? Creditors want to know what you may have that could
be
- used to back up or secure your loan, and what sources you
have
- for repaying debt other than income, such as savings,
- investments, or property.
- Creditors use different combinations of these facts in
- reaching their decisions. Some set unusually high
standards and
- other simply do not make certain kinds of loans. Creditors
also
- use different kinds of rating systems. Some rely strictly
on
- their own instinct and experience. Others use a
- "credit-scoring" or statistical system to
predict whether
- you're a good credit risk. They assign a certain number of
- points to each of the various characteristics that have
proved
- to be reliable signs that a borrower will repay. Then,
they
- rate you on this scale.
- And so, different creditors may reach different
- conclusions based on the same set of facts. One may find
you an
- acceptable risk, while another may deny you a loan.
-
- Information the Creditor Can't Use
-
- The Equal Credit Opportunity Act does not guarantee that
- you will get credit. You must still pass the creditor's
tests
- of creditworthiness. But the creditor must apply these
tests
- fairly, impartially, and without discriminating against
you on
- any of the following grounds: age, gender, marital status,
- race, color, religion, national origin, because you
receive
- public income such as veterans benefits, welfare or Social
- Security, or because you exercise your rights under
Federal
- credit laws such as filing a billing error notice with a
- creditor. This means that a creditor may not use any of
those
- grounds as a reason to:
- -- discourage you from applying for a loan;
- -- refuse you a loan if you quality; or
- -- lend you money on terms different from those granted
- another person with similar income, expenses, credit
- history, and collateral.
-
- Special Rules
-
- Age. In the past, many older persons have complained about
- being denied credit just because they were over a certain
age.
- Or when they retired, they often found their credit
suddenly
- cut off or reduced. So the law is very specific about how
a
- person's age may be used in credit decisions.
- A creditor may ask your age, but if you're old enough to
- sign a binding contract (usually 18 or 21 years old
depending
- on state law), a creditor may not:
- -- turn you down or offer you less credit just because of
- your age;
- -- ignore your retirement income in rating your
application;
- -- close your credit account or require you to reapply for
it
- just because you reach a certain age or retire; or
- -- deny you credit or close your account because credit
life
- insurance or other credit-related insurance is not
- available to persons your age.
- Creditors may "score" your age in a
creditscoring system,
- but:
- -- if you are 62 or older you must be given at least as
many
- points for age as any person under 62.
- Because individuals' financial situations can change at
- different ages, the law lets creditors consider certain
- information related to age--such as how long until you
retire
- or how long your income will continue. An older applicant
might
- not qualify for a large loan with a 5 percent down payment
on a
- risky venture, but might qualify for a smaller loan--with
a
- bigger down payment--secured by good collateral. Remember
that
- while declining income may be a handicap if you are older,
you
- can usually offer a solid credit history to your
advantage. The
- creditor has to look at all the facts and apply the usual
- standards of creditworthiness to your particular
situation.
- Public Assistance. You may not be denied credit just
- because you receive Social Security or public assistance
(such
- as Aid to Families with Dependent Children). But--as is
the
- case with age--certain information related to this source
of
- income could clearly affect creditworthiness. So, a
creditor
- may consider such things as:
- -- how old your dependents are (because you may lose
benefits
- when they reach a certain age); or
- -- whether you will continue to meet the residency
- requirements for receiving benefits.
- This information helps the creditor determine the
- likelihood that your public assistance income will
continue.
- Housing Loans. The Equal Credit Opportunity Act covers
- your application for a mortgage or home improvement loan.
It
- bans discrimination because of such characteristics as
your
- race, color, gender, or because of the race or national
origin
- of the people in the neighborhood where you live or want
to buy
- your home. Nor may creditors use any appraisal of the
value of
- the property that considers the race of the people in the
- neighborhood.
- In addition, you are entitled to receive a copy of an
- appraisal report that you paid for in connection with an
- application for credit, if a you make a written request
for the
- report.
-
- Discrimination Against Women
-
- Both men and women are protected from discrimination based
- on gender or marital status. But many of the law's
provisions
- were designed to stop particular abuses that generally
made if
- difficult for women to get credit. For example, the idea
that
- single women ignore their debts when they marry, or that a
- woman's income "doesn't count" because she'll
leave work to
- have children, now is unlawful in credit transactions.
- The general rule is that you may not be denied credit just
- because you are a woman, or just because you are married,
- single, widowed, divorced, or separated. Here are some
- important protections:
- Gender and Marital Status. Usually, creditors may not ask
- your gender on an application form (one exception is on a
loan
- to buy or build a home).
- You do not have to use Miss, Mrs., or Ms. with your name
- on a credit application. But, in some cases, a creditor
may ask
- whether you are married, unmarried, or separated
(unmarried
- includes single, divorced, and widowed).
- Child-bearing Plans. Creditors may not ask about your
- birth control practices or whether you plan to have
children,
- and they may not assume anything about those plans.
- Income and Alimony. The creditor must count all of your
- income, even income from part-time employment.
- Child support and alimony payments are a primary source of
- income for many women. You don't have to disclose these
kinds
- of income, but if you do creditors must count them.
- Telephones. Creditors may not consider whether you have a
- telephone listing in your name because this would
discriminate
- against many married women. (You may be asked if there's a
- telephone in your home.)
- A creditor may consider whether income is steady and
- reliable, so be prepared to show that you can count on
- uninterrupted income--particularly if the source is
alimony
- payments or part-time wages.
- Your Own Accounts. Many married women used to be turned
- down when they asked for credit in their own name. Or, a
- husband had to cosign an account--agree to pay if the wife
- didn't--even when a woman's own income could easily repay
the
- loan. Single women couldn't get loans because they were
thought
- to be somehow less reliable than other applicants. You now
have
- a fight to your own credit, based on your own credit
records
- and earnings. Your own credit means a separate account or
loan
- in your own name--not a joint account with your husband or
a
- duplicate card on his account. Here are the rules:
- -- Creditors may not refuse to open an account just
because
- of your gender or marital status.
- -- You can choose to use your first name and maiden name
- (Mary Smith); your first name and husband's last name
- (Mary Jones); or a combined last name (Mary Smith-Jones).
- -- If you're creditworthy, a creditor may not ask your
- husband to cosign your account, with certain exceptions
- when property rights are involved.
- -- Creditors may not ask for information about your
husband
- or ex-husband when you apply for your own credit based on
- your own income--unless that income is alimony, child
- support, or separate maintenance payments from your spouse
- or former spouse.
- This last rule, of course, does not apply if your husband
- is going to use your account or be responsible for paying
your
- debts on the account, or if you live in a community
property
- state. (Community property states are: Arizona,
California,
- Idaho, Louisiana, Nevada, New Mexico, Texas, Washington
and
- Wisconsin.)
- Change in Marital Status. Married women have sometimes
- faced severe hardships when cut off from credit after
their
- husbands died. Single women have had accounts closed when
they
- married, and married women have had accounts closed after
a
- divorce. The law says that creditors may not make you
reapply
- for credit just because you marry or become widowed or
- divorced. Nor may they close your account or change the
terms
- of your account on these grounds. There must be some sign
that
- your creditworthiness has changed. For example, creditors
may
- ask you to reapply if you relied on your ex-husband's
income to
- get credit in the first place.
- Setting up your own account protects you by giving you
- your own history of how you handle debt, to rely on if
your
- financial situation changes because you are widowed or
- divorced. If you're getting married and plan to take your
- husband's surname, write to your creditors and tell them
if you
- want to keep a separate account.
-
- If You're Turned Down
-
- Remember, your gender or race may not be used to
- discourage you from applying for a loan. And creditors may
not
- hold up or otherwise delay your application on those
grounds.
- Under the Equal Credit Opportunity Act, you must be
notified
- within 30 days after your application has been completed
- whether your loan has been approved or not. If credit is
- denied, this notice must be in writing and it must explain
the
- specific reasons why you were denied credit or tell you of
your
- right to ask for an explanation. You have the same rights
if an
- account you have had is closed.
- If you are denied credit, be sure to find out why.
- Remember, you may have to ask the creditors for this
- explanation. It may be that the creditor thinks you have
- requested more money than you can repay on your income. It
may
- be that you have not been employed or lived long enough in
the
- community. You can discuss terms with the creditor and
ways to
- improve your creditworthiness. The next chapter explains
how to
- improve your ability to get credit.
- If you think you have been discriminated against, cite the
- law to the lender. If the lender still says no without a
- satisfactory explanation, you may contact a Federal
enforcement
- agency for assistance or bring legal action as described
in the
- last chapter of this handbook.
-
- CREDIT HISTORIES AND RECORDS
-
-
- Building Up a Good Record
-
- On your first attempt to get credit, you may face a common
- frustration: sometimes it seems you have to already have
credit
- to get credit. Some creditors will look only at your
salary and
- job and the other financial information you put on your
- application. But most also want to know about your track
record
- in handling credit--how reliably you've repaid past debts.
They
- turn to the records kept by credit bureaus or credit
reporting
- agencies whose business is to collect and store
information
- about borrowers that is routinely supplied by many
lenders.
- These records include the amount of credit you have
received
- and how faithfully you've paid it back.
- Here are several ways you can begin to build up a good
- credit history:
- -- Open a checking account or a savings account, or both.
- These do not begin your credit file, but may be checked as
- evidence that you have money and know how to manage it.
- Cancelled checks can be used to show you pay utility bills
- or rent regularly, a sign of reliability.
- -- Apply for a department store credit card. Repaying
credit
- card bills on time is a plus in credit histories.
- -- Ask whether you may deposit funds with a financial
- institution to serve as collateral for a credit card; some
- institutions will issue a credit card with a credit limit
- usually no greater than the amount on deposit.
- -- If you're new in town, write for a summary of any
credit
- record kept by a credit bureau in your former town. (Ask
- the bank or department store in your old hometown for the
- name of the agency it reports to.)
- -- If you don't qualify on the basis of your own credit
- standing, offer to have someone cosign your application.
- -- If you're turned down, find out why and try to clear up
- any misunderstandings.
-
- What Laws Apply?
-
- The following laws can help you start your credit history
- and keep your record accurate:
- THE EQUAL CREDIT OPPORTUNITY ACT gives women a way to
- start their own credit history and identity.
- THE FAIR CREDIT REPORTING ACT sets up a procedure for
- correcting mistakes on your credit record.
-
- Credit Histories for Women
-
- Under the Equal Credit Opportunity Act, reports to credit
- bureaus must be made in the names of both husband and wife
if
- both use an account or are responsible for repaying the
debt.
- Some women who are divorced or widowed might not have
separate
- credit histories because in the past credit accounts were
- listed in their husband's name only. But they can still
benefit
- from this record. Under the Equal Credit Opportunity Act,
- creditors must consider the credit history of accounts
women
- have held jointly with their husbands. Creditors must also
look
- at the record of any account held only in the husband's
name if
- a woman can show it also reflects her own
creditworthiness. If
- the record is unfavorable--if an ex-husband was a bad
credit
- risk--she can try to show that the record does not reflect
her
- own reputation. Remember that a wife may also open her own
- account to be sure of starting her own credit history.
- Here's an example:
- Mary Jones, when married to John Jones, always paid their
- credit card bills on time and from their joint checking
- account. But the card was issued in John's name, and the
credit
- bureau kept all records in John's name. Now Mary is a
widow and
- wants to take out a new card, but she's told she has no
credit
- history. To benefit from the good credit record already on
the
- books in John's name, Mary should point out that she
handled
- all accounts properly when she was married and that bills
were
- paid by checks from their joint checking account.
-
- Keeping Up Credit Records
-
- Mistakes on your credit record--sometimes mistaken
- identities--can cloud your credit future. Your credit
rating is
- important, so be sure credit bureau records are complete
and
- accurate.
- The Fair Credit Reporting Act says that you must be told
- what's in your credit file and have any errors corrected.
- Negative Information. If a lender refuses you credit
- because of unfavorable information in your credit report,
you
- have a right to the name and address of the agency that
keeps
- your report. Then, you may either request information from
the
- credit bureau by mail or in person. You will not get an
exact
- copy of the file, but you will at least learn what's in
the
- report. The law also says that the credit bureau must help
you
- interpret the data--because it's raw data that takes
experience
- to analyze. If you're questioning a credit refusal made
within
- the past 30 days, the bureau is not allowed to charge a
fee for
- giving you information.
- Any error that you find must be investigated by the credit
- bureau with the creditor who supplied the data. The bureau
will
- remove from your credit file any errors the creditor
admits are
- there. If you disagree with the findings, you can file a
short
- statement in your record giving your side of the story.
Future
- reports to creditors must include this statement or a
summary
- of it.
- Old Information. Sometimes credit information is too old
- to give a good picture of your financial reputation. There
is a
- limit on how long certain kinds of information may be kept
in
- your file:
- -- Bankruptcies must be taken off your credit history
after
- 10 years.
- -- Suits and judgments, tax liens, arrest records, and
most
- other kinds of unfavorable information must be dropped
- after 7 years.
- Your credit record may not be given to anyone who does not
- have a legitimate business need for it. Stores to which
you are
- applying for credit or prospective employers may examine
your
- record; curious neighbors may not.
- Billing Mistakes. In the next chapter, you will find the
- steps to take if there's an error on your bill. By
following
- these steps, you can protect your credit rating.
-
- OTHER ASPECTS OF USING CREDIT
-
-
- The best way to keep up your credit standing is to repay
- all debts on time. But there may be complications. To
protect
- your credit rating, you should learn how to correct
mistakes
- and misunderstandings that can tangle up your credit
accounts.
- When there's a snag, first try to deal directly with the
- creditor. The credit laws can help you settle your
complaints
- without a hassle.
-
- What Laws Apply?
-
- FAIR CREDIT BILLING ACT sets up procedures requiring
- creditors to promptly correct billing mistakes; allowing
you to
- withhold payments on defective goods; and requiring
creditors
- to promptly credit your payments.
- IN LENDING gives you three days to change your mind about
- certain credit transactions that use your home as
collateral;
- it also limits your risk on lost or stolen credit cards.
-
- Billing Errors
-
- Month after month John Jones was billed for a lawn mower
- he never ordered and never got. Finally, he tore up his
bill
- and mailed back the pieces--just to try to explain things
to a
- person instead of a computer.
- There's a more effective, easier way to straighten out
- these errors. The Fair Credit Billing Act requires
creditors to
- correct errors promptly and without damage to your credit
- rating.
- A Case of Error. The law defines a billing error as any
- charge:
- -- for something you didn't buy or for a purchase made by
- someone not authorized to use your account;
- -- that is not properly identified on your bill or is for
an
- amount different from the actual purchase price or was
- entered on a date different from the purchase date; or
- -- for something that you did not accept on delivery or
that
- was not delivered according to agreement.
- Billing errors also include:
- -- errors in arithmetic;
- -- failure to show a payment or other credit to your
account;
- -- failure to mail the bill to your current address, if
you
- told the creditor about an address change at least 20 days
- before the end of the billing period; or
- -- a questionable item, or an item for which you need more
- information.
- In Case of Error: If you think your bill is wrong, or want
- more information about it, follow these steps:
- 1. Notify the creditor in writing within 60 days after the
- first bill was mailed that showed the error. Be sure to
write
- to the address the creditor lists for billing inquiries
and to
- tell the creditor:
- -- your name and account number;
- -- that you believe the bill contains an error and why you
- believe it is wrong; and
- -- the date and suspected amount of the error or the item
you
- want explained.
- 2. Pay all parts of the bill that are not in dispute. But,
- while waiting for an answer, you do not have to pay the
amount
- in question (the "disputed amount") or any
minimum payments or
- finance charges that apply to it.
- The creditor must acknowledge your letter within 30 days,
- unless the problem can be resolved within that time.
Within two
- billing periods--but in no case longer than 90
days--either
- your account must be corrected or you must be told why the
- creditor believes the bill is correct.
- If the creditor made a mistake, you do not pay any finance
- charges on the disputed amount. Your account must be
corrected,
- and you must be sent an explanation of any amount you
still
- owe.
- If no error is found, the creditor must send you an
- explanation of the reasons for that finding and promptly
send a
- statement of what you owe, which may include any finance
- charges that have accumulated and any minimum payments you
- missed while you were questioning the bill. You then have
the
- time usually given on your type of account to pay any
balance,
- but not less that 10 days.
- 3. If you still are not satisfied, you should notify the
- creditor in writing within the time allowed to pay your
bill.
- Maintaining Your Credit Rating. A creditor may not
- threaten your credit rating while you're resolving a
billing
- dispute.
- Once you have written about a possible error, a creditor
- must not give out information to other creditors or credit
- bureaus that would hurt your credit reputation. And, until
your
- complaint is answered, the creditor also may not take any
- action to collect the disputed amount.
- After the creditor has explained the bill, if you do not
- pay in the time allowed, you may be reported as delinquent
on
- the amount in dispute and the creditor may take action to
- collect. Even so, you can still disagree in writing. Then
the
- creditor must report that you have challenged your bill
and
- give you the name and address of each person who has
received
- information about your account. When the matter is
settled, the
- creditor must report the outcome to each person who has
- received information. Remember that you may also place
your own
- side of the story in your credit record.
-
- Defective Goods or Services
-
- Your new sofa arrives with only three legs. You try to
- return it; no luck. You ask the merchant to repair or
replace
- it; still no luck. The Fair Credit Billing Act allows you
to
- withhold payment on any damaged or poor quality goods or
- services purchased with a credit card, as long as you have
made
- a real attempt to solve the problem with the merchant.
- This right may be limited if the card was a bank or travel
- and entertainment card or any card not issued by the store
- where you made your purchase. In such cases, the sale:
- -- must have been for more than $50; and
- -- must have taken place in your home state or within 100
- miles of your home address.
-
- Prompt Credit for Payments and Refunds for Credit Balances
-
- Some creditors will not charge a finance charge if you pay
- your account within a certain period of time. In this
case, it
- is especially important that you get your bills, and get
credit
- for paying them, promptly. Check your statements to make
sure
- your creditor follows these rules:
- Billing. Look at the date on the postmark. If your account
- is one on which no finance or other charge is added before
a
- certain due date, then creditors must mail their
statements at
- least 14 days before payment is due.
- Crediting. Look at the payment date entered on the
- statement. Creditors must credit payments on the day they
- arrive, as long as you pay according to payment
instructions.
- This means, for example, sending your payment to the
address
- listed on the bill.
- Credit Balances. If a credit balance results on your
- account (for example, because you pay more than the amount
you
- owe, or you return a purchase and the purchase price is
- credited to your account), the creditor must make a refund
to
- you. The refund must be made within seven business days
after
- your written request, or automatically if the credit
balance is
- still in existence after six months.
-
- Cancelling a Mortgage
-
- Truth in Lending gives you a chance to change your mind on
- one important kind of transaction--when you use your home
as
- security for a credit transaction. For example, when you
are
- financing a major repair or remodeling and use your home
as
- security, you have three business days, usually after you
sign
- a contract, to think about the transaction and to cancel
it if
- you wish. The creditor must give you written notice of
your
- right to cancel, and, if you decide to cancel, you must
notify
- the creditor in writing within the three-day period. The
- creditor must then return all fees paid and cancel the
security
- interest in your home. No contractor may start work on
your
- home, and no lender may pay you or the contractor until
the
- three days are up. If you must have the credit immediately
to
- meet a financial emergency, you may give up your right to
- cancel by providing a written explanation of the
circumstances.
- The right to cancel (or right of rescission) was provided
- to protect you against hasty decisions--or decisions made
under
- pressure--that might put your home at risk if you are
unable to
- repay the loan. The law does not apply to a mortgage to
finance
- the purchase of your home; for that, you commit yourself
as
- soon as you sign the mortgage contract. And, if you use
your
- home to secure an open-end credit line--a home equity
line, for
- instance--you have the right the cancel when you open the
- account or when your security interest or credit limit is
- increased. (In the case of an increase, only the increase
would
- be cancelled.)
-
- Lost or Stolen Credit Cards
-
- If your wallet is stolen, your greatest cost may be
- inconvenience, because your liability on lost or stolen
cards
- is limited under Truth in Lending.
- You do not have to pay for any unauthorized charges made
- after you notify the card company of loss or theft of your
- card. So keep a list of your credit card numbers and
notify
- card issuers immediately if your card is lost or stolen.
The
- most you will have to pay for unauthorized charges is $50
on
- each card--even if someone runs up several hundred dollars
worth
- of charges before you report a card missing.
-
- Unsolicited Cards
-
- It is illegal for card issuers to send you a credit card
- unless you ask for or agree to receive one. However, a
card
- issuer may send, without your request, a new card to
replace an
- expiring one.
-
- ELECTRONIC FUND TRANSFERS
-
-
- Instant Money
-
- On his way home last Friday night, John Jones realized he
- had no cash for the weekend. The bank was closed, but John
had
- his bank debit card and the code to use it. He inserted
the
- card into an automated teller machine outside the front
door of
- the bank; then, using a number keyboard, he entered his
code
- and pressed the buttons for a withdrawal of $50. John's
cash
- was dispensed automatically from the machine, and his bank
- account was electronically debited for the $50 cash
withdrawal.
- John's debit card is just one way to use electronic fund
- transfer (EFT) systems that allow payment between parties
by
- substituting an electronic signal for cash or checks.
- Are we heading for a checkless society? Probably not. But
- a dent in the number of paper checks in the country's
banking
- system--or a reduction in the rate at which that number
has
- been growing--is clearly one advantage to electronic
banking.
- Today, the cost of moving checks through the banking
- system is estimated to be approximately 80 cents per
check,
- including the costs of paper, printing, and mailing.
Moreover,
- checks--except your own check presented at your own
bank--take
- time to cash: time for delivery, endorsement, presentation
to
- another person's bank, and winding through various
stations in
- the check clearing system. Technology now can lower the
costs
- of the payment mechanism and make it more efficient and
- convenient by reducing paperwork.
-
- EFT in Operation
-
- The national payment mechanism moves money between
- accounts in a fast, paperless way. These are some examples
of
- EFT systems in operation:
- Teller Machines (ATMs). Consumers can do their banking
- without the assistance of a teller, as john Jones did to
get
- cash, or to make deposits, pay bills, or transfer funds
from
- one account to another electronically. These machines are
used
- with a debit or EFT card and a code, which is often called
a
- personal identification number or "PIN."
- (POS) Transactions. Some EFT cards can be used when
- shopping to allow the transfer of funds from the
consumer's
- account to the merchant's. To pay for a purchase, the
consumer
- presents an EFT card instead of a check or cash. Money is
taken
- out of the consumer's account and put into the merchant's
- account electronically.
- Preauthorized Transfers. This is a method of automatically
- depositing to or withdrawing funds from an individual's
- account, when the account holder authorizes the bank or a
third
- party (such as an employer) to do so. For example,
consumers
- can authorize direct electronic deposit of wages, Social
- Security or dividend payments to their accounts. Or, they
can
- authorize financial institutions to make regular, ongoing
- payments of insurance, mortgage, utility or other bills.
- Telephone Transfers. Consumers can transfer funds from one
- account to another--from savings to checking, for
example--or
- can order payment of specific bills by phone.
-
- What Law Applies?
-
- THE ELECTRONIC FUND TRANSFER ACT gives consumers answers
- to several basic questions about using EFT services.
- A check is a piece of paper with information that
- authorizes a bank to withdraw a certain amount of money
from
- one person's account and pay that amount to another
person.
- Most consumer questions center on the fact that EFT
systems
- transmit the information without the paper. Thus, they
ask:
- -- What record--what evidence--will I have of my
- transactions?
- -- How easily will I be able to correct errors?
- -- What if someone steals money from my account?
- -- What about solicitations?
- -- Do I have to use EFT services?
- Here are the answers the EFT Act gives to consumer
- questions about these systems.
-
- What Record Will I Have of My Transactions?
-
- A cancelled check is permanent proof that a payment has
- been made. Is proof of payment available with EFT
services?
- The answer is yes. If you use an ATM to withdraw money or
- make deposits, or a point-of-sale terminal to pay for a
- purchase, you can get a written receipt--much like the
sales
- receipt you get with a cash purchase--showing the amount
of the
- transfer, the date it was made, and other information.
This
- receipt is your record of transfers initiated at an
electronic
- terminal.
- Your periodic bank statement must also show all electronic
- transfers to and from your account, including those made
with
- debit cards, by a preauthorized arrangement, or under a
- telephone transfer plan. It will also name the party to
whom
- payment has been made and show any fees for EFT services
(or
- the total amount charged for account maintenance) and your
- opening and closing balances.
- Your monthly statement is proof of payment to another
- person, your record for tax or other purposes, and your
way of
- checking and reconciling EFT transactions with your bank
- balance.
-
- How Easily Will I Be Able to Correct Errors?
-
- The way to report errors is somewhat different with EFT
- services than it is with credit cards (see page 22 for
- correcting credit billing errors). But, as with credit
cards,
- financial institutions must investigate and correct
promptly
- any EFT errors you report.
- If you believe there has been an error in an electronic
- fund transfer relating to your account:
- 1. Write or call your financial institution immediately if
- possible, but no later than 60 days from the date the
first
- statement that you think shows an error was mailed to you.
Give
- your name and account number and explain why you believe
there
- is an error, what kind of error, and the dollar amount and
date
- in question. If you call, you may be asked to send this
- information in writing within 10 business days.
- 2. The financial institution must promptly investigate an
- error and resolve it within 45 days. However, if the
financial
- institution takes longer than 10 business days to complete
its
- investigation, generally it must put back into your
account the
- amount in question while it finishes the investigation.
(The
- time periods are longer for POS debit card transactions
and for
- any EFT transaction initiated outside the United States.)
In
- the meantime, you will have full use of the funds in
question.
- 3. The financial institution must notify you of the
- results of its investigation. If there was an error, the
- institution must correct it promptly--for example, by
making a
- recredit final.
- If it finds no error, the financial institution must
- explain in writing why it believes no error occurred and
let
- you know that it has deducted any amount recredited during
the
- investigation. You may ask for copies of documents relied
on in
- the investigation.
-
- What About Loss or Theft?
-
- It's important to be aware of the potential risk in using
- an EFT card, which differs from the risk on a credit card.
- On lost or stolen credit cards, your loss is limited to
- $50 per card (see page 25). On an EFT card, your liability
for
- an unauthorized withdrawal can vary:
- -- Your loss is limited to $50 if you notify the financial
- institution within two business days after learning of
- loss or theft of your card or code.
- -- But, you could lose as much as $500 if you do not tell
the
- card issuer within two business days after learning of the
- loss or theft.
- -- If you do not report an unauthorized transfer that
appears
- on your statement within 60 days after the statement is
- mailed to you, you risk unlimited loss on transfers made
- after the 60-day period. That means you could lose all the
- money in your account plus your maximum overdraft line of
- credit.
- Example:
- On Monday, john's debit card and secret code were stolen.
- On Tuesday, the thief withdrew $250, all the money John
had in
- his checking account. Five days later, the thief withdrew
- another $500, triggering John's overdraft line of credit.
John
- did not realize his card was stolen until he received a
- statement from the bank, showing withdrawals of $750 he
did
- not make. He called the bank right away. John's liability
is
- $50.
- Now suppose that when john got his bank statement he
- didn't look at it and didn't call the bank. Seventy days
after
- the statement was mailed to john, the thief withdrew
another
- $1,000, reaching the limit on John's line of credit. In
this
- case, John would be liable for $1,050 ($50 for transfers
before
- the end of the 60 days; $1,000 for transfers made more
than 60
- days after the statement was mailed).
-
- What About Solicitations?
-
- A financial institution may send you an EFT card that is
- VALID FOR USE only if you ask for one, or to replace or
renew
- an expiring card. The financial institution must also give
you
- the following information about your rights and
- responsibilities:
- -- A notice of your liability in case the card is lost or
- stolen;
- -- A telephone number for reporting loss or theft of the
card
- or an unauthorized transfer;
- -- A description of its error resolution procedures;
- -- The kinds of electronic fund transfers you may make and
- any limits on the frequency or dollar amounts of such
- transfers;
- -- Any charge by the institution for using EFT services;
- -- Your right to receive records of electronic fund
- transfers;
- -- How to stop payment of a preauthorized transfer;
- -- The financial institution's liability to you for any
- failure to make or to stop transfers; and
- -- The conditions under which a financial institution will
- give information to third parties about your account.
- Generally, you must also get advance notice of any change
- in the account that would increase your costs or
liability, or
- limit transfers.
- A financial institution may send you a card you did not
- request only if the card is NOT VALID FOR USE. An
"unsolicited"
- card can be validated only at your request and only after
the
- institution makes sure that you are the person whose name
is on
- the card. It must also be sent with instructions on how to
- dispose of an unwanted card.
-
- Do I Have to Use EFT?
-
- The EFT Act forbids a creditor from requiring you to repay
- a loan or other credit by EFT, except in the case of
overdraft
- checking plans. And, although your employer or a
government
- agency can require you to receive your salary or a
government
- benefit by electronic transfer, you have the right to
choose
- the financial institution that will receive your funds.
-
- Special Questions About Preauthorized Plans
-
- Q. How will I know a preauthorized credit has been made?
- A. There are various ways you may be notified. Notice may
- be given by your employer (or whoever is sending the
funds)
- that the deposit has been sent to your financial
institution.
- Otherwise, a financial institution may provide notice when
it
- has received the credit or will send you a notice only
when it
- has not received the funds. Financial institutions also
have
- the option of giving you a telephone number you can call
to
- check on a preauthorized credit.
- Q. How do I stop a preauthorized payment?
- A. You may stop any preauthorized payment by calling or
- writing the financial institution, so that your order is
- received at least three business days before the payment
date.
- Written confirmation of a telephone notice to stop payment
may
- be required.
- Q. If the payments I preauthorize vary in amount from
- month to month, how will I know how much will be
transferred
- out of my account?
- A. You have the right to be notified of all varying
- payments at least 10 days in advance.
- Or, you may choose to specify a range of amounts and to be
- told only when a transfer falls outside that range. You
may
- also choose to be told only when a transfer differs by a
- certain amount from the previous payment to the same
company.
- Q. Do the EFT Act protections apply to all preauthorized
- plans?
- A. No. They do not apply to automatic transfers from your
- account to the institution that holds your account or vice
- versa. For example, they do not apply to automatic
payments
- made on a mortgage held by the financial institution where
you
- have your EFT account. The EFT Act also does not apply to
- automatic transfers among your accounts at one financial
- institution.
-
- COMPLAINING ABOUT CREDIT
-
-
- Complaining to Federal Enforcement Agencies
-
- First try to solve your problem directly with a creditor.
- Only if that fails should you bring more formal complaint
- procedures. Here's the way to file a complaint with the
Federal
- agencies responsible for carrying out consumer credit
- protection laws.
- Complaints About Banks. If you have a complaint about a
- bank in connection with any of the Federal credit laws--or
if
- you think any part of your business with a bank has been
- handled in an unfair or deceptive way--you may get advice
and
- help from the Federal Reserve. The practice you complain
about
- does not have to be covered by Federal law. Furthermore,
you
- don't have to be a customer of the bank to file a
complaint.
- You should submit your complaint--in writing whenever
- possible--to the Division of Consumer and Community
Affairs,
- Board of Governors of the Federal Reserve System,
Washington,
- D.C. 20551, or to the Reserve Bank nearest you, as listed
on
- page 43 of this handbook. Be sure to describe the bank
practice
- you are complaining about and give the name and address of
the
- bank involved.
- The Federal Reserve will write back within 15
- days--sometimes with an answer, sometimes telling you that
more
- time is needed to handle your complaint. The additional
time is
- required when complex issues are involved or when the
complaint
- will be investigated by a Federal Reserve Bank. When this
is
- the case, the Federal Reserve will try to keep you
informed
- about the progress being made.
- The Board supervises only state--chartered banks that are
- members of the Federal Reserve System. It will refer
complaints
- about other institutions to the appropriate Federal
regulatory
- agency and let you know where your complaint has been
referred.
- Or you may use the listing on page 42 of this booklet to
write
- directly to the appropriate agency.
- Complaints About Other Institutions. On page 42 of this
- booklet, you will also find the names of the regulatory
- agencies for other financial institutions and for
businesses
- other than banks. Many of these agencies do not handle
- individual complaints; however, they will use information
about
- your credit experiences to help enforce the credit laws.
-
- Penalties Under the Laws
-
- You may also take legal action against a creditor. If you
- decide to bring a lawsuit, here are the penalties a
creditor
- must pay if you win.
- Truth in Lending and Consumer Leasing Acts. If any
- creditor fails to disclose information required under
these
- Acts, or gives inaccurate information, or does not comply
with
- the rules about credit cards or the right to cancel
certain
- home--secured loans, you as an individual may sue for
actual
- damages--any money loss you suffer. In addition, you can
sue
- for twice the finance charge in the case of certain credit
- disclosures, or, if a lease is concerned, 25 percent of
total
- monthly payments. In either case, the least the court may
award
- you if you win is $100, and the most is $1,000. In any
lawsuit
- that you win, you are entitled to reimbursement for court
costs
- and attorney's fees.
- Class action suits are also permitted. A class action suit
- is one filed on behalf of a group of people with similar
- claims.
- Equal Credit Opportunity Act. If you think you can prove
- that a creditor has discriminated against you for any
reason
- prohibited by the Act, you as an individual may sue for
actual
- damages plus punitive damages--that is, damages for the
fact
- that the law has been violated--of up to $10,000. In a
- successful lawsuit, the court will award you court costs
and a
- reasonable amount for attorney's fees. Class action suits
are
- also permitted.
- Fair Credit Billing Act. A creditor who breaks the rules
- for the correction of billing errors automatically loses
the
- amount owed on the item in question and any finance
charges on
- it, up to a combined total of $50--even if the bill was
correct.
- You as an individual may also sue for actual damages plus
twice
- the amount of any finance charges, but in any case not
less
- than $100 nor more than $1,000. You are also entitled to
court
- costs and attorney's fees in a successful lawsuit. Class
action
- suits are also permitted.
- Fair Credit Reporting Act. You may sue any credit
- reporting agency or creditor for breaking the rules about
who
- may see your credit records or for not correcting errors
in
- your file. Again, you are entitled to actual damages, p]us
- punitive damages that the court may allow if the violation
is
- proved to have been intentional. In any successful
lawsuit, you
- will also be awarded court costs and attorney's fees. A
person
- who obtains a credit report without proper
authorization--or an
- employee of a credit reporting agency who gives a credit
report
- to unauthorized persons--may be fined up to $5,000 or
- imprisoned for one year, or both.
- Electronic Fund Transfer Act. If a financial institution
- does not follow the provisions of the EFT Act, you may sue
for
- actual damages (or in certain cases when the institution
fails
- to correct an error or recredit an account, for three
times
- actual damages) plus punitive damages of not less than
$100 nor
- more than $1,000. You are also entitled to court costs and
- attorney's fees in a successful lawsuit. Class action
suits are
- also permitted.
- If an institution fails to make an electronic fund
- transfer, or to stop payment of a preauthorized transfer
when
- properly instructed by you to do so, you may sue for all
- damages that result from the failure.
-
- Glossary
-
- Annual Percentage Rate (APR) -- The cost of credit as a
- yearly rate.
- Appraisal Fee -- The charge for estimating the value of
- property offered as security.
- Asset -- Property that can be used to repay debt, such as
- stocks and bonds or a car.
- Automated Teller Machines (ATMs) -- Electronic terminals
- located on bank premises or elsewhere, through which
customers
- of financial institutions may make deposits, withdrawals,
or
- other transactions as they would through a bank teller.
- Balloon Payment -- A large extra payment that may be
- charged at the end of a loan or lease.
- Billing Error -- Any mistake in your monthly statement as
- defined by the Fair Credit Billing Act.
- Business Days -- Check with your institution to find out
- what days it counts as business days under the Truth in
Lending
- and Electronic Fund Transfer Acts.
- Collateral -- Property offered to support a loan and
- subject to seizure if you default.
- Cosigner -- Another person who signs your loan and assumes
- equal responsibility for it.
- Credit -- The right granted by a creditor to pay in the
- future in order to buy or borrow in the present; a sum of
money
- due a person or business.
- Credit Bureau -- An agency that keeps your credit record.
- Credit Card -- Any card, plate, or coupon book used from
- time to time or over and over again to borrow money or buy
- goods or services on credit.
- Credit History -- The record of how you've borrowed and
- repaid debts.
- Creditor -- A person or business from whom you borrow or
- to whom you owe money.
- Credit-related Insurance -- Health, life, or accident
- insurance designed to pay the outstanding balance of debt.
- Credit Scoring System -- A statistical system used to rate
- credit applicants according to various characteristics
relevant
- to creditworthiness.
- Creditworthiness -- Past and future ability to repay
- debts.
- Debit Card (EFT Card) -- A plastic card, looks similar to
- a credit card, that consumers may use to make purchases,
- withdrawals, or other types of electronic fund transfers.
- Default -- Failure to repay a loan or otherwise meet the
- terms of your credit agreement.
- Disclosures -- Information that must be given to consumers
- about their financial dealings.
- Elderly Applicant -- As defined in the Equal Credit
- Opportunity Act, a person 62 or older.
- Electronic Fund Transfer (EFT) Systems -- A variety of
- systems and technologies for transferring funds
electronically
- rather than by check.
- Finance Charge -- The total dollar amount credit will
- cost.
- Home Equity Line of Credit -- A form of openend credit in
- which the home serves as collateral.
- Joint Account -- A credit account held by two or more
- people so that all can use the account and all assume
legal
- responsibility to repay.
- Late Payment -- A payment made later than agreed upon in a
- credit contract and on which additional charges may be
imposed.
- Lessee -- A person who signs a lease to get temporary use
- of property.
- Lessor -- A company that provides temporary use of
- property usually in return for periodic payment.
- Liability on an Account -- Legal responsibility to repay
- debt.
- Open-End Credit -- A line of credit that may be used over
- and over again, including credit cards, overdraft credit
- accounts, and home equity lines.
- Open-End Lease -- A lease which may involve a balloon
- payment based on the value of the property when it is
returned.
- Overdraft Checking -- A line of credit that allows you to
- write checks or draw funds by means of an EFT card for
more
- than your actual balance, with an interest charge on the
- overdraft.
- Point-of-Sale (POS) -- A method by which consumers can
- pay for purchases by having their deposit accounts debited
- electronically without the use of checks.
- Points and Origination Fees -- Points are finance charges
- paid at the beginning of a mortgage in addition to monthly
- interest. One point equals one percent of the loan amount.
An
- origination fee covers the lender's work in preparing your
- mortgage loan.
- Punitive Damages -- Damages awarded by a court above
- actual damages as punishment for a violation of law.
- Rescission -- The cancellation or "unwinding" of
a
- contract.
- Security -- Property pledged to the creditor in case of a
- default on a loan; see collateral.
- Security Interest -- The creditor's right to take property
- or a portion of property offered as security.
- Service Charge -- A component of some finance charges,
- such as the fee for triggering an overdraft checking
account
- into use.
-
- Subject Index
-
- Age
- APR
- Balloon Payment
- Cancellation (Rescission)
- Complaints
- Credit Applications
- Credit Bureaus
- Credit Cards
- Billing Errors
- Liability for Loss or Theft
- Credit Laws
- Consumer Leasing
- Electronic Fund Transfers
- Equal Credit Opportunity
- Fair Credit Billing
- Fair Credit Reporting
- Truth in Lending
- Credit Records
- Confidentiality
- Correcting Errors
- Women
- Credit Records
- Time Limits on Information
- Credit Scoring
- Crediting of Payments
- Creditworthiness
- Debit Cards
- Defective Merchandise
- Denials of Credit
- Discrimination
- Division of Consumer and Community Affairs
- EFT
- Errors on Account
- Liability for Loss or Theft
- Preauthorized Transfers
- Record of Transaction
- Enforcement Agencies
- Finance Charge
- Housing Loans
- Leasing
- Open-end Credit
- Penalties
- Point-of-Sale
- Public Assistance
- Reserve Banks
- Settlement Costs
- Women
- Alimony and Support Payments
- Change in Marital Status
- Cosigners
- Credit Histories
- Information About Spouse
- Separate Accounts
-
-
- Directory of Federal Agencies
-
- National Banks
- Compliance Management
- Office of the Comptroller of the Currency
- 250 E Street, S.W.
- Mail Stop 7-5
- Washington, D.C. 20219
- (202) 874-4820
- State Member Banks of the Federal Reserve System
- Division of Consumer and Community Affairs
- Federal Reserve Board
- Washington, D.C. 20551
- (202) 452-3693
- Nonmember Federally Insured State Banks
- Office of Consumer Programs
- Federal Deposit Insurance Corp.
- Washington, D.C. 20456
- (202) 898-3536 or (800) 934-FDIC
- Savings and Loan Associations
- Division of Consumer and Civil Rights
- Office of Community Investment
- Office of Thrift Supervision
- 1700 G Street, N.W.
- Washington, D.C. 20552
- (202) 906-6237
- Federal Credit Unions
- Office of Public and Congressional Affairs
- Office of Consumer Programs
- National Credit Union Administration
- 1776 G Street, N.W.
- Washington, D.C. 20456
- (202) 682-9640
- Other Lenders
- Division of Credit Practices
- Bureau of Consumer Protection
- Federal Trade Commission
- Washington, D.C. 20580
- (202) 326-3233
- Department of Justice
- Civil Division
- Office of Consumer Litigation
- 550 11th St., N.W.
- The Todd Building
- Room No. 6114
- Washington, D.C. 20530
- (202) 514-6786
-
- Federal Reserve Banks
-
- BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
- Publication Services MS-138
- Washington, DC 20551
- (202) 452-3000
- ATLANTA, Georgia
- Public Affairs Department
- 104 Marietta Street, N.W.
- ZIP 30303-2713
- (404) 521-8500
- BOSTON, Massachusetts
- Public Services Department
- P.O. Box 2076
- ZIP 02106-2076
- (617) 973-3000
- CHICAGO, Illinois
- Public Information Center
- 230 South LaSalle Street
- P.O. Box 834
- ZIP 60690-0834
- (312) 322-5322
- CLEVELAND, Ohio
- Public Affairs Department
- P.O. Box 6387
- ZIP 44101-1387
- (216) 579-2000
- DALLAS, Texas
- Public Affairs Department
- 2200 North Pearl Street
- Zip 75201
- (214) 922-6000
- KANSAS CITY, Missouri
- Public Affairs Department
- 925 Grand Avenue
- ZIP 64198-0001
- (816) 881-2000
- MINNEAPOLIS, Minnesota
- Public Affairs Department
- 250 Marquette Avenue
- ZIP 55401-0291
- (612) 340-2345
- NEW YORK, New York
- Public Information Department
- 33 Liberty Street
- ZIP 10045
- (212) 720-5000
- PHILADELPHIA, Pennsylvania
- Public Information Department
- P.O. Box 66
- ZIP 19105
- (215) 574-6000
- RICHMOND, Virginia
- Public Services Department
- P.O. Box 27622
- ZIP 23261
- (804) 697-8000
- ST. LOUIS, Missouri
- Public Information Office
- P.O. Box 442
- ZIP 63166
- (314) 444-8444
- SAN FRANCISCO, California
- Public Information Department
- P.O. Box 7702
- ZIP 94120
- (415) 974-2000
|
|
|
|
|
Steal
the winning formula from the top10 affiliate marketers on the
Internet
using this secret system.
|




Sell
Anything Click
Here
|