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- Facts for Consumers from the Federal Trade Commission
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- A New Credit Identity: A New Credit Repair Scam -- November 1992
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- If you have filed for bankruptcy, you may be the target of a new
- credit repair scheme, often called "file segregation." In this
- scheme, you are promised a chance to hide unfavorable credit
- information by establishing a new credit identity. That may sound
- perfect, especially if you fear that you will not be given any
- credit as long as bankruptcy appears on your credit record.
- The problem is, "file segregation" is illegal. If you use it, you
- could face fines or even prison.
-
- This fact sheet alerts you to some aspects of this new type of
- credit repair scam, describes the false claims that fraudulent
- companies sometimes use to sell you the service, and says why
- participation is illegal. It also lists other FTC brochures that
- discuss your credit rights and responsibilities.
-
- The Pitch: A New Credit Identity
-
- If you have filed for bankruptcy, you may receive a letter from a
- credit repair company that warns you about your inability to get
- credit cards, personal loans, or any other types of credit for
- ten years. For a fee, the company promises to help you hide your
- bankruptcy and establish a new credit identity you can use when
- applying for credit.
-
- If you pay the fee and sign up for the service, you may be
- directed to apply for an Employer Identification Number (EIN)
- from the Internal Revenue Service (IRS). Typically, EINs_which
- resemble social security numbers_are used by businesses to report
- financial information to the IRS and the Social Security
- Administration.
-
- After you receive your EIN, you are advised to use it in place of
- your social security number when you apply for credit. You also
- are advised to use a new mailing address and to include some
- credit references.
-
- The Catch: False Claims
-
- Listed here are reasons a credit repair service may give you for
- establishing a new credit identity. These false claims, along
- with the pitch for getting a new credit identity, should alert
- you to the possibility of fraud.
-
- Claim 1: You will not be able to get credit for 10 years (the
- period of time bankruptcy information may stay on your credit
- record).
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- Each creditor has its own criteria for granting credit. While one
- may reject your application because of a bankruptcy, another may
- grant you credit shortly after you filed for bankruptcy. And,
- given a new reliable payment record, your chances of obtaining
- credit will probably increase as time passes.
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- Claim 2: The company or "file segregation" program is affiliated
- with the federal government.
-
- The federal government does not support or work with companies
- offering such programs.
-
- Claim 3: The "file segregation" program is legal.
-
- It is a federal crime to make any false statements on a loan or
- credit application, which the credit repair company may advise
- you to do. It is a federal crime to misrepresent your social
- security number. It also is a federal crime to obtain an EIN from
- the IRS under false pretenses.
-
- Further, you could be charged with mail or wire fraud if you use
- the mail or the telephone to apply for credit and provide false
- information. Also, file segregation would likely constitute
- civil fraud under many state laws.
-
- If you receive a letter from a company making such claims,
- contact your state attorney general or consumer protection
- office. You also can file a complaint with the FTC. Write:
- Correspondence Branch, Federal Trade Commission, Washington, D.C.
- 20580. While the FTC does not handle individual cases, it can act
- against companies when it sees a pattern of possible law
- violations developing.
-
- Other FTC Brochures
-
- For more information about credit reports, you can order these
- free FTC brochures: Building a Better Credit Record, Credit
- Repair Scams, Fair Credit Reporting, Fix You Own Credit Problems
- and Save Money, Scoring for Credit, Solving Credit Problems, and
- Women and Credit Histories. Write: Public Reference, Federal
- Trade Commission, Washington, D.C. 20580.
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