Consumer Law Library
Credit Repair Organizations Act (CROA)
The CROA protects you when you hire help — and it is the law every honest credit repair company should be proud to follow.
Why the CROA exists
Congress passed the Credit Repair Organizations Act in 1996 (15 U.S.C. § 1679 et seq.), as Title IV of the Consumer Credit Protection Act, to protect consumers from unfair and deceptive credit repair practices. It applies to companies that, for money, offer to improve a consumer’s credit record, history or rating.
What credit repair companies may not do (§ 404)
- Charge or receive any money for a service before the service is fully performed
- Make, or advise you to make, untrue or misleading statements to a credit bureau or creditor about your creditworthiness
- Advise you to alter your identity — for example, with a new identification number — to hide your credit record
- Make untrue or misleading representations about their services
- Commit fraud or deception in connection with the sale of their services
What they must do
- Disclosure first (§ 405): before you sign a contract, give you a separate written statement titled “Consumer Credit File Rights Under State and Federal Law.” Read it here.
- A written contract (§ 406): including the total payment and terms, a full description of the services, how long they will take, any guarantees, and the company’s name and address.
- A 3-day right to cancel (§ 407): you may cancel without penalty before midnight of the 3rd business day after signing, and the company must give you a cancellation form.
Any waiver of these rights is void (§ 408).
Remedies
A company that violates the CROA may be liable for the greater of your actual damages or the amount you paid, plus punitive damages and attorney’s fees (§ 409). The FTC and state attorneys general also enforce the CROA (§ 410). Separately, the FTC’s Telemarketing Sales Rule restricts fees for credit repair services sold by telephone, and many states have their own credit services laws.
Sources: Credit Repair Organizations Act, 15 U.S.C. §§ 1679–1679j; Telemarketing Sales Rule, 16 C.F.R. § 310.4(a)(2).
Put the law to work for your credit
Our free assessment shows you which of these protections apply to your reports.
