The controversy quickly spread to state legislatures. As of
January 2004, three states Maryland, Utah, and
Washington banned the practice outright. Twelve states
have laws setting restrictions, often allowing insurers to use
credit scores, but requiring that the score not be the sole
determinant or reason for raising rates or denying
coverage.205 credit pacific service union
Twenty-six states regulate insurers use of credit
scoring by requiring greater notice and
reporting.206 Despite the movement to restrict use
of credit scores, they are, in fact, used widely, particularly
by auto insurers. Stress Risk-Taking In
fact, auto insurers are passionate in their belief the credit
scores they use are one of the best predictors of future
losses. Allstate Counsel Steven R. Sheffey said,
Credit-based insurance scoring is the most significant
advancement in cost-based pricing in at least the past 30
years. 207 In the insurance world, you do not
have to explain why certain kinds of data predict risk, only
that they do, he said. credit first service union
Sheffey said that authoritative research208
showed there are two basic explanations as to why insurers are
able to find information in your credit report that is
predictive of future losses. card credit mobile service
205
Arkansas, Georgia, Hawaii, Idaho, Illinois, Louisiana,
Minnesota, Missouri, Montana, Oklahoma, Washington, and
Wisconsin. See the Web site of the National Association of
Mutual Insurance Commissioners,
http://www.namic.org/state/credithistory.asp, for an overview
and, http://www.namic.org/state/creditlaws.asp, for a brief
description of each State s law. card credit discover service
206
Arizona, California, Colorado, Delaware, Florida, Georgia,
Idaho, Kansas, Maine, Maryland, Massachusetts, Missouri,
Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio,
Oregon, Rhode Island, South Carolina, Texas, Utah, Virginia,
Washington, and West Virginia. Some states have more than one
kind of insurance-credit scoring law, hence the overlap. (See
Footnote 1) credit public service union
207
Letter from Steven R. Sheffey to Evan Hendricks (undated),
received in February 2004. 208 Sheffey said there
were over 30 articles or studies supporting the stress and risk
taker theories. One of them was The Use of Credit History
for Personal Lines of Insurance; Report to the National
Association of Insurance Commissioners, American Academy
of Actuaries Risk Classification Subcommittee of the
Property/Casualty Products, Pricing, and Market Committee.,
November 15, 2002 card credit processing service
The first explanation relates to stress. People under
stress are more likely to have auto accidents. They may be more
easily distracted or not react as well to certain situations
(the difference between an accident and a near-miss is often
just a fraction of a second). Financial problems are a known
cause of stress. Therefore, some people with poor scores are
more likely to experience stress and thus more likely to incur
losses, Sheffey wrote.209 center credit service union
The second explanation relates to risk-taking
behavior, he continued. Different people have
different aversions to risk. Some people like to skydive. Some
people are afraid of the amusement park roller coaster. Some
people will run a yellow light if it was yellow when they first
saw it. Some people will stay under 55 on the highway. People
who are more likely to take risks are more likely to get into
serious financial difficulties (bankruptcies, liens,
foreclosures, etc.) than those who are more risk averse. As the
studies show, people who are more likely to take risks are also
more likely to get into auto accidents. Therefore, some people
with poor scores are more likely to engage in risky behavior
and thus more likely to incur losses. Similar reasoning
probably applies to homeowners insurance as well. card credit service wireless
Neither, either, or both of these theories may be true
for a particular individual. In some instances, financial
difficulties might not be caused by risk-taking behavior, but
will still produce stress. In other instances, however, it is
the risk-taking behavior rather than stress that leads to a
greater likelihood of loss, he wrote. credit security service union
209
Sheffey letter, op. cit. Sheffey said another theory is
that credit history reflects personal
responsibility and that one who prudently manages
one s finances is prudent and responsible in the realms of
homes and cars as well.210 A derivation would be
that financially stable people would be more likely to pay for
a minimal loss themselves because they have the financial
wherewithal, rather than file a claim. 211
Similarly, some insurers believe that financially stable
individuals are likely to exhibit stability in many other
aspects of their lives.212 credit report service
Sheffey said Allstate was not aware of any research that
supported these theories, but was emphatic that the risk-taking
and stress theories were well supported by research.
Key Factors For Insurers According to the
American Insurance Association, here are some of the kinds of
data from credit reports that are of most interest to insurance
scoring models: blogspot com christian
-
Bankruptcies credit federal service union
-
Collections credit monitoring service
-
Length Of Credit History credit division service
, http://banking.senate.gov/03_07hrg/071003/chart01.pdf
8 www.myfico.com, visited December 23, 2004
9 The Hartford Courant, see Footnote 6;
(2003 data) The first problem, however, is that most Americans
do not understand how the credit reporting system works, how
their credit scores are calculated, the important ways in which
credit reports and scores can effect their financial
well-being, or what they can do about it. card credit online service
A second problem is the potential for inaccuracy in the
credit report data that are used to calculate credit scores.
Over the past 13 years, abundant evidence has emerged to
indicate that inaccuracy has been and continues to be a
significant problem for the nation s credit reporting
system. As we will see, damages to consumers stemming from
credit report inaccuracy can range from the economic to the
emotional. consumer counseling credit inc
A third problem is that identity theft, considered the
nation s fastest-growing crime, poses a direct threat to
the accuracy and integrity of data in the credit reporting
system. Identity thieves typically steal an individual s
identifiers, such as Social Security number, name, address,
date-of-birth, and/or mother s maiden name, and then use
them to obtain credit in that individual s name. When debts
created by the identity thief go unpaid, creditors report the
negative payment history to the credit report of the innocent
victim. card credit fleet service
Consequently, the innocent victim s credit report is
polluted by highly negative information that is inaccurate
because it does not reflect that victim s activities.
Multiply this dynamic by millions of cases each year and you
will see why identity theft raises serious concerns about
ensuring accuracy in credit report data. card consolidation credit
Like your own credit score, the credit scoring and credit
reporting system is a work in progress. It would be
inaccurate to characterize the system as totally or always
unfair. But it clearly cannot be depicted as totally or always
fair either. And, as we will see, when the system breaks down,
the impact on individuals can range from inconvenient annoyance
to life-altering devastation. credit free online report
Spreading Awareness
This book is written to address these and a host of other
issues concerning credit reporting in America. The book is
designed to help readers gain a greater understanding of the
credit reporting and scoring system, and how it impacts them.
It would seem that greater awareness is needed. According to a
July 2003 survey by the Consumer Federation of America,
Only 25 percent of Americans-and less than 20 percent of
those with incomes below $35, 000-said they knew what their
credit score was. But only three percent of Americans could,
unprompted, name the three main credit bureaus Experian,
Equifax, and Trans Union that provide both lenders and
consumers with information from credit reports. Forty-three
percent of Americans-only 35 percent of those with incomes
below $35, 000-said they had obtained a copy of their credit
report from the three credit bureaus in the past two
years. 10 credit federal first service
As the disclaimer states, this book does not give legal
advice. Legal advice can only be given case-by-case by a
lawyer, which this author is not. This also is not a
credit repair book. This author repeats the advice
of consumer protection officials: be very, very leery of
outfits that call themselves credit repair clinics.
Contrary to its literal meaning, the common use of credit
repair connotes improving one s credit score through
the removal of negative-but-accurate data. There is no
guaranteed method for removing accurate information from a
credit report, whether it is positive or negative. But
promising that you can do so and charging money in advance is a
violation of federal law, according to the FTC. consumer credit service
10
CFA Opinion Survey, July 2003, conducted by Opinion
Research Corp.; www.consumerfed.org/072803creditscores.html
This Book Covers... The book is divided into
chapters that cover the basics of credit scores and
credit reports, and ones that cover advanced
aspects of the systems, which create them. Chapter 1 explains
the basics of credit scores-beginning with Fair Isaac s
explanation as to how they are calculated. Chapter 2 is more
advanced, delving into little known-and sometimes
surprising-details about credit scoring that should further
increase your understanding. Chapter 3 goes even further by
exploring the world of resellers and
re-scoring, a little known but valuable service
for improving the credit scores of mortgage applicants, but
which appears threatened by hostile economic forces. center credit family service
We return to basics in Chapter 4, describing how
you can obtain your credit report and the circumstances that
currently entitle you to a free report. This chapter notes that
eventually, all Americans will be entitled to one free credit
report per year under the 2003 Amendments to the FCRA, known as
the Fair and Accurate Credit Transactions Act (FACTA). The
requirement took effect in December 2004, and was gradually
being phased in under rules set by the Federal Trade
Commission. credit reporting service
Getting credit repair started is easy, and Veracity s
frequent updates put you in control. You ll see your credit
reports and improvements personally, because they ll be
sent directly to you in the mail. cca credit division service
If you re preparing for a home mortgage loan, Veracity
can work with your loan officer to create a smooth process that
secures the right rate, at the right time our credit
repair experience means we get you results, fast. credit free report service
It s your home, make it your payment. Refund
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Refund Policy for Credit Repair Services
At Veracity, we ve had thousands of satisfied credit
repair clients, and we ve yet to discover a situation we
could not resolve. However, we know it s important to back
quality with a refund policy, and we do so. cic credit monitoring service
Veracity Credit Consultants provides personal credit repair
and score optimization services. A portion of these services
includes working to remove negative information from your
credit reports, and Veracity leads the marketplace in providing
effective, fast problem resolution. ccs credit division service
However, because our comprehensive solution is difficult to
break into dollars per deletion as is the case with
credit repair mills, Veracity does not have a set refund
policy. In extremely rare circumstances, Veracity has issued a
full refund to clients with legitimate concerns. credit service union worker
Whether you get ten deletions in eleven months
or not, it is Veracity s position that the personalized
consultation and credit optimization services are themselves
well worth a client s entire cost of enrollment and
continued retainer. 1st credit service union
Deletions and other credit repair activities are
merely a bonus. Does it really matter if you got five deletions
that are meaningless, if you got one deletion that was the
principal barrier to obtaining a quality home mortgage Case
closed. card chase credit customer
Veracity does of course care deeply about our clients
satisfaction, and we welcome any problems or concerns, which
are best addressed with our service department employees. If
you deserve a refund for a complete lapse on our part,
we ll be the first to say so! card chase credit service
Refund Policy
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Consultants - All Rights Reserved citi credit monitoring service
- Credit Repair Expectations Credit
Scores and Credit Reports by Evan Hendricks is a primary
text on consumer credit. Free online, just click the
book... credit plus service union
Credit Repair Testimonials
Veracity has spent years optimizing credit, and our greatest
reward is to hear that our staff and systems have exceeded
client expectations time and again! Here s what a few of
our clients have to say... credit farm service
I have been extremely happy with the service and the
customer service over the last 2 years. You ve been a
tremendous help in raising my score to 705. Thanks again.
Kim Furlong, PA Just a note to let you
know that I ve found a town home and I m getting [a]
good interest rate due to the [credit repair] efforts of
Veracity... We ve accomplished our goal! Shirley
Denver, CO 1st credit federal service
[As to] your services regarding my credit rating, your
company has helped my score tremendously in the time I have
been a client, rising 90 points. Curt San Diego,
CA I wanted to let you know that I am very happy with
the results that you were able to produce with my credit score.
Within 5 or 6 months my FICO jumped about 60 points which was
great. Thank you for a job well done! Gyani
Fairfax, CA credit paychex service tax
Along with these price hikes, the three CRAs have specific
clauses in their contracts with resellers prohibiting resellers
from passing along to consumers any of the prices that the CRAs
charge resellers. This means that the reseller must either
absorb the cost, or be paid by the reseller s customer, the
mortgage lender. Naturally, this has created friction between
resellers and their mortgage broker customers. In the March
2003 issue of the official publication of the National
Association of Mortgage Brokers (NAMB), one official wrote: credit service tax
44
Id. 45 Id. It seems to me that the fastest
way to spoil this wonderful new service by making it look like
credit repair would be for repositories to insist that credit
resellers restrict mortgage brokers and lenders from charging a
fee to the consumer for the upgraded credit report. The
NAMB official called this restriction a baseless
policy. The AAI concluded that resellers were caught
between the proverbial rock and a hard place. aeon credit service
Resellers, faced with the prospect of audits and
termination by the repositories, are understandably reluctant
to deviate from the express terms of their contracts. But at
the same time, they are loath to be perceived by their
customers as holding the line on a baseless policy
which costs their customers money. The repositories have been
asked to clarify the rules, but have so far refused to do so.
Thus, while re-scoring is a permissible business for resellers,
the repositories have made it difficult or impossible for
resellers to profit from it without risking the alienation of
its customers. credit one service union
As mentioned, if indeed the Big Three are putting the
squeeze on independent resellers, they might be doing so to
take over that portion of the market. But the motivations could
run deeper. The AAI report noted that major creditors, even
though they often are the cause of inaccuracy, do not want to
have to deal with resellers. bad cell credit phone service
At least one national credit card issuer flatly
refuses to accept inquiries from smaller credit reporting
agencies, AAI wrote. The single largest concern of
the repositories is to maintain the inflow of credit data, so
it is to be expected that they would be protective of large
credit furnishers. Thus, smaller resellers engaged in updating
and correcting errors created by reporting creditors are often
viewed as a liability by the repositories. counseling credit debt service
The AAI added: Smaller resellers are also a liability
to repositories in another sense. With their primary emphasis
on customer service, smaller resellers often shed light on
repository practices and the extent of their compliance with
laws and regulations. They expose inaccuracies and errors in
credit data and also educate the public about the industry and
about the legal rights of consumers. card credit payment service
In March 2004, the National Credit Reporting Association and
its members filed separate anti-trust lawsuits in federal court
in California and California state court against Equifax,
Experian, and Trans Union. The case was pending when this book
went to press. After the lawsuits were filed, some re-sellers
complained of retaliation, as at least one of the major CRAs
exercised its right under their contracts to conduct an
audit. card credit merchant
Unless the lawsuit results in major changes, consumers
should not expect all mortgage brokers to inform them about
re-scoring. Those mortgage bankers or brokers who make higher
commissions on sub-prime borrowers actually have a
disincentive, as re-scoring could cut into their incomes when
the borrowers get better rates. counseling credit family
Moreover, because of all the price hikes, cost can be a
major factor for brokers and mortgage companies that are
expected to absorb the cost of re-scoring. In 2000, the
aver-age re-score, consisting of two tradelines corrected on
reports issued by two of the three CRAs, would cost the
re-seller $28.00 (using the high of 7.00 per trade), a figure
that was palatable to most mortgage bankers/brokers. That same
re-score would now cost the reseller approximately $120. annual credit report request
Veracity - How to Get Your Credit Report for Free
We d like to help you learn about yourself... - Simon
Garfunkel Mrs. Robinson In this chapter, we
will explain how to order copies of your credit
report46 and credit scores from the newly created
Centralized Source, either by mail, by phone, or
via the Internet. We will also explain how to order them
directly from Equifax, Experian, Trans Union, and Fair Isaac.
If you want contact information right away, go directly to page
75, and to page 85 for Fair Isaac. area bay credit service
By September of 2005, all Americans will be entitled to
obtain one free copy per year of their Equifax, Experian, and
Trans Union credit reports from the Centralized
Source (credit scores are not included and always
come with a price). The free report and the
Centralized Source were mandated by Congress when it passed the
Fair and Accurate Credit Transactions Act of 2003 (FACT Act).
The goal of the law is to improve credit report accuracy and
fairness by encouraging Americans to review their credit
reports. atlanta consumer counseling
MBNA agents responded by comparing the disputed data with
the account information contained in MBNA s computerized
Customer Information System (CIS). Since the two were
identical, MBNA verified that the disputed
information was correct. In other words, MBNA did nothing more
than confirm that it indeed reported the original (inaccurate)
data. The CRAs continued to report it on Johnson s credit
report. account card credit merchant
Tricia Furr, an MBNA credit reporting specialist, confirmed
that MBNA s Desktop Procedure manual directs
specialists to confirm a match of two out of three identifiers
- name, address and/or SSN. Once a two-out-of-three match is
established, MBNA can inform the CRA that the disputed
information is verified as reported. Ms. Furr said
that MBNA s reinvestigations do not go beyond
the information contained in its own CIS.127 aspire card credit customer
Furr
: I looked at the balance that we have on CIS and the
history of the account as compared to the trade line as opposed
to what we had on our Customer Information screen...
Bennett: In performing the investigation and
re-investigation of consumer disputes, once it receives an
ACDV128 from a credit reporting agency, when are
MBNA s credit reporting specialists supposed to look beyond
the Customer Information System for investigation ...I am
asking the practices and procedures now. card counseling credit service
Furr
: The Customer Information System is the only thing that we
have to use for verification. So, there is no where else to
look. Bennett: Do you ever pull documents,
like old statements, and check payments and credit card
applications Furr: No, sir. 127 The
depositions of MBNA personnel were taken in the case, Linda
Johnson v. MBNA America Bank, N.A., Slip Op. No. 3:02 cv
523, U.S. District Court For The Eastern District of Virginia
(Richmond Division). card credit online processing
128
The dispute form is known as an ACDV, or
Automated Consumer Dispute Verification Reading from MBNA s
internal records, MBNA Vice President Edward Hughes quoted an
MBNA employee s communication to a customer s attorney:
It would be up to (c)ard holder to prove MBNA was
reporting wrong, not MBNA proving right. consolidated counseling credit
Here Comes The Judge
In a sense, Hughes statement proved to be wrong. Linda
Johnson was one of the few consumers who sued and actually had
the chance to tell her story to a jury. MBNA argued that it
verification methods complied with the FCRA. The jury
disagreed, and awarded Johnson $90, 300. Judge Richard Williams
affirmed the jury verdict. According to [MBNA], the duty
to investigate means that any investigation is sufficient, no
matter how cursory. Such a construction is illogical. There
would be no point in having the statute, and the requirement of
an investigation, if there was no qualitative component to the
investigation. The statute itself does impose a qualitative
component to the [MBNA s] negligence Judge Williams
said.129 check credit service
MBNA appealed Judge Williams decision. But on February
11, 2004, a three-member panel of the U.S. Court of Appeals for
the Fourth Circuit affirmed, finding that MBNA s standard
response to consumer disputes did not amount to a true
reinvestigation under the FCRA. card credit online payment
129 Johnson v. MBNA
, op. cit., bench ruling February 24, 2003 MBNA argues
that the language of 1681s-2(b)(1)(A), requiring furnishers of
credit information to conduct an investigation
regarding disputed information, imposes only a minimal duty on
creditors to briefly review their records to determine whether
the disputed information is correct, the panel wrote, in
an opinion authored by Chief Judge William W. Wilkens.
Stated differently, MBNA contends that this provision
does not contain any qualitative component that would allow
courts or juries to assess whether the creditor s
investigation was reasonable. 130 civil credit ontario service
The key term at issue here, investigation,
is defined [by the dictionary] as a detailed inquiry or
systematic examination. Thus, the plain meaning of
investigation clearly requires some degree of careful
inquiry by creditors, he wrote. antonio credit san security
Further, he said, the statute uses the term
investigation in the context of articulating a
creditor s duties in the consumer dispute process outlined
by the FCRA. It would make little sense to conclude that, in
creating a system intended to give consumers a means to dispute
and, ultimately, correct inaccurate information
on their credit reports, Congress used the term
investigation to include superficial, unreasonable
inquiries by creditors. We therefore hold that 1681s-2(b)(1)
requires creditors, after receiving notice of a consumer
dispute from a credit reporting agency, to conduct a reasonable
investigation of their records to determine whether the
disputed information can be verified. card cardmember chase credit
monebaggasse
For example, Veracity has been repairing credit reports since 1998, free record with the BBB, and is actively involved in promoting and legitimizing the credit repair marketplace. Many thousands of clients have been fully satisfied with Veracity's credit repair services, and nearly all have seen improvements to their credit reports. Veracity' and the majority of new clients come to Veracity based on word of mouth referrals from satisfied clients.
Ambitious Indeed. But we know better credit makes for a better life. Our motto isn't something a marketing firm cooked up for us we've seen the benefits of our credit repair services time and again. A clean credit history and accurate credit report data means a better credit score, making life easier and more affordable. At Veracity, we welcome everyone who can benefit from our personal credit repair services.