Credit repair companies help consumers remove inaccurate negative information on their credit reports. Such companies offer credit repair services to help individuals improve their credit scores.
Enacted in 1996, the Credit Repair Organizations Act (CROA) is a U.S. federal law designed to regulate credit repair organizations and protect consumers. The primary goal of the act is to shield individuals from unfair or deceptive advertising and business practices that some credit repair companies may use to attract customers. It is enforced by the Federal Trade Commission (FTC), a U.S. government agency, dedicated to protecting consumer rights and preventing unfair business practices.
The CROA aims to ensure transparency and prevent such companies from taking undue advantage of consumers, particularly those with limited financial literacy or those experiencing credit challenges.
What Types Of Services Do Credit Repair Organizations Offer?
Credit repair companies offer services designed to improve a consumer's credit score. Credit repair services typically involve disputing negative items on credit reports with credit bureaus. They challenge the accuracy or verifiability of the reported information to protect the rights of consumers under the Fair Credit Reporting Act (Title VI of the Consumer Credit Protection Act).
Thus, credit repair organizations act as intermediaries between consumers and credit reporting companies. These organizations may contact credit reporting agencies on their customer's behalf to get negative information removed from credit reports. While there is nothing wrong with this transaction in principle, issues arise when some credit repair companies misrepresent the extent of their services.
Misrepresentation of Credit Services
Credit repair companies are strictly prohibited from making false or misleading statements about a consumer’s creditworthiness, credit standing, or credit capacity.
This includes misrepresenting or exaggerating their services, such as “promising specific credit score increases” or “guaranteeing” the removal of accurate negative items from credit reports.
Advising Dishonest Practices
Credit repair organizations cannot counsel or advise consumers to provide false information to credit reporting agencies or creditors. Encouraging consumers to make false statements is a direct violation of CROA.
CROA prohibits credit repair companies from advising consumers to change their identification to hide accurate but adverse credit information. Thus, credit repair companies cannot promise to clear a credit history by creating a new identity; this is both illegal and unethical.
Credit repair companies are barred from making or using any untrue or deceptive claims about their services. Transparency is a legal requirement in the credit repair industry, and any attempt to mislead consumers is strictly forbidden.
Engaging in fraud, deception, or any practice intended to deceive a consumer in connection with their services is prohibited. CROA ensures that all business dealings remain fair and truthful.
Credit repair companies are not allowed to charge or accept payment for services before they have been delivered. Consumers should only be charged after services are completed.
Requiring Waivers of Consumer Rights
It is illegal for credit repair companies to require their customers to waive any of their rights under CROA. Any such waiver is considered void and cannot be enforced.
Lack of Disclosure of Consumer Rights
Credit repair companies must inform consumers of their rights, including:
The ability to obtain their own credit reports.
The right to dispute errors or inaccuracies themselves.
The right to take legal action against companies that violate CROA.
Contracts Between Consumers & Credit Repair Companies
CROA mandates that credit repair companies provide a written contract outlining:
Terms and conditions of payment.
A detailed description of the services to be provided.
An estimated timeline for service completion.
The credit repair company’s name and principal business address.
A clear statement about the consumer’s right to cancel.
No Penalties for cancelling credit repair services.
Consumers have the right to cancel credit repair services within three business days of signing a contract without incurring fees or penalties. This information should be clearly indicated near the signature area.
Credit repair organizations should also provide the consumer with a copy of the signed contract, the disclosure statement, and any other documents the organization requires the consumer to sign at the time they are onboarded.
If a credit repair organization violates CROA, consumers can file a complaint with their state Attorney General or the Consumer Financial Protection Bureau (CFPB). They can also sue the company for actual damages, punitive damages, costs, and attorney's fees.
Civil Lawsuit: Consumers can sue for actual damages, which include the greater of any actual damages sustained or the amount paid to the credit repair company. They can also receive punitive damages, the amount of which will be determined by a judge.
Attorney's Fees: Successful litigants can recover costs of action and reasonable attorney fees.
State Action: State law enforcement can also take action and pursue credit repair organizations that are breaking the law.
Federal Action: The Federal Trade Commission (FTC) has the authority to take action against credit repair companies that violate the provisions of the Credit Repair Organization Act.
How To Identify A Fraudulent Credit Repair Company?
Watch out for red flags, such as:
Claims of guaranteed credit score improvement or removal of accurate negative information.
Promises of a “new credit identity.” Be wary of credit repair companies that offer a new credit identity, as these are often stolen from identity theft victims.
Demands for upfront payment before any services have been completed.
Lack of transparency regarding fees, services, or cancellation options.
The statute of limitations for bringing an action to enforce CROA liability is five years from the date of the violation or, in cases of material and willful misrepresentation, five years from the date of discovery of the misrepresentation, whichever is later.
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We have many years of experience in evaluating credit and guiding consumers to assert their legal rights. We do it every day! We guarantee honesty and dependability, virtues which most people seem to have forgotten.
Copyright © 2025 America Credit Care. All rights reserved. Powered by WebbArtt Solutions