Credit Report Rights
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
The Fair Credit Reporting Act (FCRA) gives you the right to see what is in your credit report, dispute mistakes, and have inaccurate information corrected or removed. Your credit report affects your ability to get loans, credit cards, apartments, and even some jobs.
Under the FCRA, you can get one free credit report every week from each of the three major bureaus — Equifax, Experian, and TransUnion — through AnnualCreditReport.com (weekly free access was made permanent in September 2023). Negative information generally must be removed after seven years (10 years for bankruptcies). If you find errors, the credit bureau must investigate your dispute within 30 days.
When does it apply?
This right applies when:
- You want to check your credit report for errors or inaccurate information
- A lender, landlord, or employer uses your credit report to make a decision about you
- You have been denied credit, insurance, or employment because of your credit report (you are entitled to a free copy within 60 days of denial)
Common misconceptions:
- "Checking my own credit report hurts my score" — No. Checking your own report is a "soft inquiry" and has no effect on your credit score. Only "hard inquiries" from lenders when you apply for credit can affect your score.
- "Credit bureaus work for me" — No. Equifax, Experian, and TransUnion are for-profit companies. They sell your data to lenders. The FCRA gives you rights to make sure that data is accurate.
- "Bad marks stay on my report forever" — Most negative information must be removed after 7 years. Bankruptcies can stay for up to 10 years. Some positive information stays indefinitely.
What should you do?
Step 1: Get your free credit reports at AnnualCreditReport.com (the only federally authorized source). You can get free reports from Equifax, Experian, and TransUnion once per week — there is no longer any reason to wait.
Step 2: Review each report carefully. Check for accounts you do not recognize, incorrect balances, wrong personal information, and debts that should have aged off (older than 7 years).
Step 3: If you find errors, file a dispute directly with the credit bureau. You can do this online, by mail, or by phone. Include copies (not originals) of documents that support your dispute. Send disputes by certified mail.
Step 4: The credit bureau must investigate within 30 days (45 days if you provide additional information). If they cannot verify the information, they must remove or correct it.
Step 5: If the dispute is not resolved in your favor, you can add a 100-word "consumer statement" to your report explaining the dispute. You can also file a complaint with the CFPB at consumerfinance.gov/complaint.
What should you NOT do?
Don't pay for credit reports from other websites. Many sites advertise "free" reports but sign you up for paid monitoring services. AnnualCreditReport.com is the only site authorized by federal law for free reports.
Don't ignore errors on your report. Even small mistakes — a wrong address or a misspelled name — can signal mixed files (your data combined with someone else's). Dispute everything that is wrong.
Don't hire a "credit repair" company that promises to remove accurate negative information. No one can legally remove accurate information from your credit report before the reporting period expires. Companies that promise otherwise are usually scams.
Don't dispute online if your case is complex. Online disputes limit what you can say. For serious errors (identity theft, mixed files), send a detailed letter by certified mail with supporting documents.
How New Jersey differs from federal law
New Jersey provides strong state-level credit reporting protections:
- NJ Fair Credit Reporting Act (N.J.S.A. 56:11-28 et seq.): Supplements the federal FCRA and gives New Jersey residents additional rights to dispute inaccurate information on their credit reports.
- Employment credit check restrictions: Under the NJ Employment Opportunity Act (N.J.S.A. 34:6B-20), New Jersey limits the use of credit history in employment decisions. Employers generally cannot use credit checks as a factor in hiring, with exceptions for certain positions in law enforcement, financial services, and other specified industries.
- Security freeze: New Jersey residents can place, lift, and remove credit freezes for free (N.J.S.A. 56:11-45 et seq.).
- Data breach notification: Under N.J.S.A. 56:8-163, companies must notify New Jersey residents of data breaches that may compromise their personal information.
Additional Steps in New Jersey
File complaints with the NJ Division of Consumer Affairs at njconsumeraffairs.gov or call (800) 242-5846. For employment credit check violations, contact the NJ Division on Civil Rights at (973) 648-2700.
Relevant Law: N.J.S.A. 56:11-28 et seq. (Fair Credit Reporting), N.J.S.A. 34:6B-20 (employment credit checks), N.J.S.A. 56:8-163 (data breach notification)
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