 Resolving Credit Disputes in Delaware
Most Americans use credit and banking services regularly. To help you manage your finances, we've listed some basic protections you have under Federal law and what to do if you have problems.
Know Your Credit Rights
- Fair Credit Billing Act
- Under this law, you may be able to withhold payment of the disputed amount of your credit card bill until the dispute is resolved. You must notify your credit card company of your problem in writing within 60 days of receiving your bill.
- Fair Credit Reporting Act
- This Act protects you by requiring credit reporting agencies to maintain correct and complete information in your credit file. You have the right to see your file on request. If you were denied credit because of information in your file, you have the right to see it at no charge. If you find incorrect or incomplete information, notify the credit reporting agency. They must investigate and correct errors.
- Fair Debt Collection Practices Act
- Certain methods of debt collection are prohibited by this law; harassment, the use of false statements, and other unfair practices. You can stop a collector from contacting you by writing a letter to the collection agency. The agency can then only contact you to say what action, if any, will be taken.
- Equal Credit Opportunity Act
- Under this law, it is illegal for creditors to discriminate against applicants on the basis of sex, race, marital status, national origin, religion, age, or because they receive public assistance income. Truth in Lending Act--This Act requires lenders to give you cost and terms information (including the annual percentage rate, "APR") in writing before you sign a loan agreement.
- Credit Practices Rule
- Under this rule, finance companies, retailers, and credit unions are prohibited from requiring you to give up specific rights, agree to wage assignments, or use certain household goods as collateral. It also requires that a notice of potential liability be given to consumers before they co-sign for loans.
For further information about these laws, contact our regional Federal Trade Commission (FTC) office or the Public Reference Branch of the FTC in Washington, D.C. at (202) 326-2222.
If You Have A Problem
Contact the company. If you think your problem is one of . . .
- billing, notify your credit card company immediately in writing that you are disputing the charge.
- a lost or stolen credit card, call the card issuer immediately. Once you report the loss, you have no further responsibility for unauthorized charges, and your maximum liability is $50 per card.
- inaccurate credit file, notify credit reporting agencies. Among the largest are Equifax (800) 685-1111, TRW (800) 422-4879, and Trans Union (800) 851-2675. They must investigate and remove items that can't be verified. If it's accurate, the law allows negative information to remain in your file 7 years; 10 years for bankruptcies.
- discrimination in granting credit, complain to the creditor. If the decision isn't changed and you believe there may be a violation, contact your state Attorney General's office or a private attorney.
Seek Third-party Help
To protect your privacy, companies won't discuss your credit file or credit card accounts with third-parties. However, it may speed action on your complaint to contact your state or local consumer protection agency. In Delaware the place to call is the Consumer Protection Unit of the Attorney General's Office, at (302) 577-3250.
Consumers with complaints about financial institutions should contact the following agencies when the problem isn't resolved by the institution. Complain about . . .
- National banks to:
Comptroller of the Currency (202) 874-4820
- State chartered banks which are members of the Federal Reserve System to:
Board of Governors of the Federal Reserve System (202) 452-3693
- Federally-insured state banks which are not members of the Federal Reserve System to:
Federal Deposit Insurance Corporation (800) 934-3342
- Savings and Loan Associations/Federal Savings Banks to:
Office of Thrift Supervision (800) 842-6929; (202) 906-6237 in D.C.
- Federal Credit Unions to:
National Credit Union Administration (703) 518-6300
- Private financial institutions to:
State Banking Commissioner or State Attorney General's office
- Other credit issuers such as retail or gasoline companies to:
Correspondence Branch, Federal Trade Commission, Washington, D.C. 20580
Adapted from U.S. Department of Commerce Consumer Tips: Resolving Credit and Banking Complaints,
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