Spot credit repair scams

Although there are many reputable credit repair companies in existence today, there are also many scams being perpetrated on unsuspecting consumers. Like most credit scams, credit repair scams prey on those people who are feeling desperate and willing to believe even unreasonable promises.

Protect yourself!

Always contact the Better Business Bureau before hiring any credit repair company. Any credit and debt solutions company you consider should have a positive record with the Better Business Bureau that indicates a proven track record of reliability and trustworthiness.

Often, when you submit a free credit evaluation online or ask for a free telephone consultation, you will get some idea of how attentive any credit repair services company may be to your needs. This is a helpful evaluation tool for you as well.

The first sign that a company may be a scam rests in the unreasonable promises and guarantees they give. Anyone who guarantees anything in the credit repair industry should be viewed with a skeptical eye. There are no guarantees and no credit repair secrets. No one, not even you, can eliminate truthful, timely information contained in a credit report.

Be mindful of any company that wants money up front. This goes for any company - not just credit repair companies. Like many credit card scams, credit repair scams are infamous for taking money up front and disappearing with it.

Look for the following warning signs when considering any credit repair company:

1. Suggest that you do not contact a credit bureau directly
2. Want you to pay up front for services not yet rendered
3. Do not inform you that you can repair your credit on your own
4. Do not advise you of your legal rights and the laws that protect you
5. Recommend that you create a ‘new’ credit report
6. Recommend that you create a ‘new’ credit identity
7. Recommend that you dispute all information contained in your credit report
8. Suggest any fraudulent activity or any means other than legal credit repair solutions

Understand these facts:

• Only you can request a copy of your credit report

• By law, credit repair companies can only require you to pay for services after they have been received

• Providing false information on any credit or loan application is illegal

• Using the telephone or mail service to apply for credit using false information constitutes fraud

• Requesting an Employer Identification Number from the IRS under false pretenses is illegal

• Misrepresenting your social security number in any way is illegal

The Credit Repair Organizations Act prohibits making false claims about credit repair. It makes it a crime for companies to collect credit repair fees from an individual prior to services being rendered. It requires that these companies inform you about your legal rights. It demands that a credit repair company provide information about your legal rights in a written contract, that also must detail the services the company will provide you with, the duration of the services, the timeline before results can be expected, the total cost of the repair and any guarantees that are offered. The written contract must also clearly state that an individual has three days to cancel the contract and services at no charge.

The law gives an individual the right to sue a credit repair company in federal court for the actual losses they've incurred or the amount the company has been paid, whichever amount is higher. An individual can also seek punitive damages, which is a sum of money designed to punish the company for legal violations. Class Action suits can be mounted in federal court, where groups of consumers can come together to launch a single lawsuit. In these suits, if the group wins, the opposing side must cover legal fees incurred.

Any problems with credit repair companies should always be reported to a local consumer affairs office, Better Business Bureau and State Attorney General. As well, contact the FTC and tell them about the company. The FTC does not investigate individual claims against a company, but can investigate the company for legal violations.

The best way to tackle credit repair scams is for consumers to report any promises or demands that are not legal credit repair practices to the appropriate authorities. If any company charges for free credit evaluations or consultations, or charges for credit repair services that were never received, they should be reported at once. Write the FTC's Consumer Response Center, Federal Trade Commission, Washington, D.C. 20580, or email a complaint about any credit repair scam you've encountered.