(a) Disclosure required
Any credit repair organization shall provide any consumer with the following written statement before any contract or agreement between the consumer and the credit repair organization is executed:
“Consumer Credit File Rights Under State and Federal Law
“You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor any ‘credit repair’ company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported for 10 years.
“You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
“You have a right to sue a credit repair organization that violates the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
“You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
“Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
“You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
“If the credit bureau’s reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
“The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact:
“The Public Reference Branch
“Federal Trade Commission
“Washington, D.C. 20580”.
(b) Separate statement requirement
The written statement required under this section shall be provided as a document which is separate from any written contract or other agreement between the credit repair organization and the consumer or any other written material provided to the consumer.
(c) Retention of compliance records
(1) In general
The credit repair organization shall maintain a copy of the statement signed by the consumer acknowledging receipt of the statement.
(2) Maintenance for 2 years
The copy of any consumer’s statement shall be maintained in the organization’s files for 2 years after the date on which the statement is signed by the consumer.
Notes of Decisions
Compucredit Corp. v. Greenwood, 132 S. Ct. 665 (2012).
· cites it 10× “APPENDIX Title 15 U. S. C. § 1679c provides: “(a) Disclosure required “Any credit repair organization shall provide any consumer with the following written statement before any contract or agreement between the consumer and the credit repair organization is executed: “…”
Greenwood v. CompuCredit Corp., 615 F.3d 1204 (9th Cir. 2010).
· cites it 14× “[3] The third right directly addresses the Consumers' argument: "You have a right to sue a credit repair organization that violates the Credit Repair Organization Act.”
Stephen Morris v. Ernst & Young, 834 F.3d 975 (9th Cir. 2016).
· cites it 2× “The plaintiffs pointed to the language in CROA that required a business to tell a consumer that “[y]ou have a right to sue,” 15 U.S.C. § 1679c(a), that provided for actual and punitive damages in both individual legal actions and class actions, id.”
Hillis v. Equifax Consum. Servs., Inc., 237 F.R.D. 491 (N.D. Ga. 2006).
· cites it 3× “§ 1679b(b); (2) failing to provide adequate written disclosures in violation of 15 U.S.C. § 1679c; (3) failing to enter into written contracts in violation in 15 U.”
Alexander v. U.S. Credit Mgmt., Inc., 384 F. Supp. 2d 1003 (N.D. Tex. 2005).
· cites it 5× “All four of these rights appear in the same part of the statute: the disclosures section, 15 U.S.C. § 1679c. The first two rights concern rights that consumers have in relation to credit bureaus, which are not implicated by this suit.”
Laverne Jones v. Bernaldo Dancel, 792 F.3d 395 (4th Cir. 2015).
“See 15 U.S.C. § 1679c (requiring credit repair organizations to provide consumers with a document summarizing their right to accurate information in certain credit reports); § 1679d (requiring that any contract between a credit repair organization and a consumer contain specific…”
Baker v. Fam. Credit Counseling Copr., 440 F. Supp. 2d 392 (E.D. Pa. 2006).
“15 U.S.C. §§ 1679c, 1679d. 2. Defendants’ arguments Defendants argue that they are not credit repair organizations because they do not provide “services designed to improve a consumer’s credit record, credit history, or credit rating.”
Picard v. Credit Solutions, Inc., 564 F.3d 1249 (11th Cir. 2009).
“] *1254 15 U.S.C. § 1679c(a). The provision lists the items that must be included in the written statement, which include, inter alia, notice of the right to a copy of one’s credit report, notice' of the right to dispute inaccurate information in a credit report, and notice of…”
Zimmermann v. Cambridge Credit Counseling Corp., 529 F. Supp. 2d 254 (D. Mass. 2008).
“They did not: (1) provide consumers with the disclosure statement required by 15 U.S.C. § 1679c(a); (2) include certain items in their service agreement as mandated by 15 U.”
In Re Zuniga, 332 B.R. 760 (Bankr. S.D. Tex. 2005).
“15 U.S.C.A. § 1679c (1998). Nonetheless, the Debtor did not sign a contract with Select; rather, the agreement was entered into over the phone.”
Plattner v. Edge Solutions, Inc., 422 F. Supp. 2d 969 (N.D. Ill. 2006).
“§ 1679d(l) and (4) (Count III); and (4) that Edge did not provide Plattner with the cancellation form and disclosures required under 15 U.S.C. § 1679e (Count IV).”
— 15 U.S.C. § 1679c(a) — 16 cases
Compucredit Corp. v. Greenwood, 132 S. Ct. 665 (2012).
“APPENDIX Title 15 U. S. C. § 1679c provides: “(a) Disclosure required “Any credit repair organization shall provide any consumer with the following written statement before any contract or agreement between the consumer and the credit repair organization is executed: “…”
Greenwood v. CompuCredit Corp., 615 F.3d 1204 (9th Cir. 2010).
“[3] The third right directly addresses the Consumers' argument: "You have a right to sue a credit repair organization that violates the Credit Repair Organization Act.”
Stephen Morris v. Ernst & Young, 834 F.3d 975 (9th Cir. 2016).
“The plaintiffs pointed to the language in CROA that required a business to tell a consumer that “[y]ou have a right to sue,” 15 U.S.C. § 1679c(a), that provided for actual and punitive damages in both individual legal actions and class actions, id.”
Alexander v. U.S. Credit Mgmt., Inc., 384 F. Supp. 2d 1003 (N.D. Tex. 2005).
“All four of these rights appear in the same part of the statute: the disclosures section, 15 U.S.C. § 1679c. The first two rights concern rights that consumers have in relation to credit bureaus, which are not implicated by this suit.”
— 15 U.S.C. § 1679c(b) — 1 case
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