All Associates/Employees are asked to sign the following statement upon acceptance of position.
On this day of ___ of _____/2009 an agreement was made between _____________
_____________________________(consultant), and C&A Consulting Group (company).The purpose of this agreement is for Clark and Associates to grant limited “business opportunity” and material to the above party including logo, name, and credit financial services.The agreement outlines the contractual terms and conditions under which licensee may use its license to market Clark and Associates’ services to the public as a contractor for the company.
The above party,_____________________________________, hereinafter referred to as “consultant”, “contractor”, or “business associate” agree to establish a business relationship as a contractor of Clark and Associates in the business of providing financial and consulting services to the general public.The associate shall operate in the following capacity:
Internal Processor for Black Card Credit Repair, performed by contractor which is offered by C&A.
The contract gives the associate the right to use Clark and Associates’ services and material within the statures of state and local laws for the area in which the associate is providing services.
Associate also agree to the compensation rate selected for himself/herself or company.listed below.The above mentioned associate agree to fill out all forms completely and accurately for timely processing and shall agree not to use forms which are inaccurate and deemed to be missing pertinent and required information.
Compensation or Commission Outline:As full compensation for the services rendered pursuant to this Agreement, the company shall provide consultants and affiliates a 20% discount on must services offered to them and their immediate family members.No commissions will be earned on discounted services to team members.Some services may not be included.The commissions are paid/earned as client pays company and funds are collected by company or by consultants on behalf of the company.However, if a client pays only half the price, only half the commissions will be earned with the remaining balance being paid when clients render second half of payment.Compensation will be re-evaluated based on production 90 days from effective date of contract.
At not time will a contractor or anyone within their organization be paid commission without a written agreement in place as outlined in this contract.
Contractor is responsible for collecting enrollment fee and compensating from clients.Consultants and Affiliates will direct clients to pay for services by placing funds in the name of the company only.If collecting full payment, contractor is responsible for taking out their own commissions before forwarding remaining balance to C&A.Consultants and Affiliates will be paid within 7 days of earning commissions (generally on a Friday).Affiliates that are coming under the down line of team members will have to pay a 25% override fee to team leader.This commission will be deducted from their sales automatically.Affiliates that bring on sub affiliates within their down line will receive a 15% commission with the other 10% going to their team leader.Contractor is responsible for contract being signed by all enrolled clients.In addition, a copy of all contracts must be forwarded to C&A within 2 business days of enrollment. (fax: 800-273-3135).
Refunds:If a client is provided a refund, consultants, affiliates, and contractors will be responsible for paying back commissions earned.This will generally be deducted from their future earnings until total amount is recovered.
Weekly Processing
At the end of each week, no later than Friday evening by 6 pm EST, the contractor will have submitted their weekly sales sheet.This sale sheet will outline all the consumers that have been signed up, the program for which they were signed up, and any charges that were assessed for services.This weekly sales sheet will be used for audit purposes only to ensure proper commission are paid and record keeping.
The above mentioned business associate agree in advance to implement all state and federal law changes immediately and to submit themselves to audits of financial and record accounts associated within the scope of financial services from Clark and Associates.The above mentioned business associate agree not to engage in the practice of financial services offered by Clark and Associates or any other financial service company or credit repair company while or after the term of this license and contract without the written permission from Clark and Associates.
Where this contract does not touch on the specifics related to implied service to be received from Clark and Associates, the general business rules and guidelines, which is outlined in this contract will prevail.
Contractors can not format change, or use any of C&A material, services, practices, and business partners after the termination of this contract unless written permission is provided.The information provided to the Contractor is for business purpose only and not for their own personal gain.Contractors understand that C&A must be compensated for the use of its material and services at all time.
The above mentioned business associate will not distribute, share, reproduce, or communicate any of the materials, services, and products of Clark and Associates or its partners without written permission from the firm. The business associate will not start their own business within the same or similar industry as Clark and Associates without the written permission from the company unless they are already in the same industry before signing of this contract.
In acceptance of an associate position, you will be exposed to information and materials which are confidential and proprietary and of vital importance to the operations of Clark and Associates.“I will not at any time disclose or use, either during or subsequent to my position, any information, knowledge, or data which I receive or develop during my position which is considered proprietary by Clark and Associates or which relates to trade secrets or Clark and Associates.”Such information, knowledge or data includes the following which is by example only:website passwords, manuals, evaluations, and participant(s) information.
I further agree that upon completion of my position with Clark and Associates, I shall promptly return any and all documents containing the above information, knowledge or data, or relating thereto, Clark and Associates.I also acknowledge that the proprietary information and trade secrets are created at cost and expense to Clark and Associates and that unauthorized use or disclosure would cause irreparable injury to Clark and Associates.
Confidentiality; Proprietary Information: Contractors shall not, while performing services under this agreement or at any time thereafter, either directly or indirectly, divulge, furnish, or make accessible to anyone or use in any way, other than use in the ordinary course of providing services under this agreement for the benefit of Company any confidential or secret knowledge or information of Company which contractor has acquired or become acquainted with or will acquire or become acquainted with,
prior to the termination of his services under this Agreement, whether developed by himself or by others, concerning (I) any trade secrets, confidential of secret designs, processes, formula, know-how, software, plans, devices, technologies, or materials (whether or not patented or patent table) directly or indirectly useful in any aspect of the business of Company, (ii) any confidential customer or supplier list
of Company, (iii) any confidential or secret development or research work of Company, (iv) any financial or accounting information of the Company, or (v) any other confidential or secret aspect of the business of Company. Consultant acknowledges that the above described knowledge or information constitutes a unique and valuable asset of the Company, acquired at great time and expense by Company, which is secret and confidential and which will be communicated to contractor in confidence
in the course of his services under this Agreement, and agrees that by any disclosure or other use of such knowledge or information other than for the sole benefit of Company would be wrongful and would cause irreparable harm to Company. Both during and after the performance of contractor's services under this Agreement, contractor will refrain from any acts or omissions that would reduce the value of such knowledge or information to Company. The foregoing obligations of confidentiality, however, shall not apply to any knowledge or information, which is now, or hereafter becomes, published and
generally publicly known through no fault of contractor.
No Authority to Bind: Contractor has no authority to enter into contracts or agreements on behalf of the Company.
Status: In performing services as contemplated under this Agreement, the parties acknowledge and agree that contractor is an independent partner, not an employee of the Company. Contractor shall perform the services required by this Agreement according to Contractor own means and methods, which shall be in the exclusive charge and control of contractor and which shall not be subject to the control and supervision of the Company, except as to the results of the work. Contractors shall indemnify and hold the company, and its directors, officers, employees, and agents harmless from and against any
loss or liability, including attorneys' fees, arising from the performance of contractor's services pursuant to this Agreement.
Tax Reporting and Withholding: Contractor is not an employee of the Company and the Company will not withhold any income tax, FICA, Medicare, worker's compensation, or other employment taxes from payment made to contractor pursuant to this Agreement. Contractor is responsible for income tax withholding, FICA, Medicare, and other withholding or employment taxes, if any as required with respect to payments made to requirements relating to payments made to an independent Contractor. In
the event any income tax, FICA, Medicare, worker's compensation, or other withholding or employment taxes related to payments, the Company makes to contractor under this employees, and agents, harmless from and against any loss or liability, including attorneys' fees, penalties, and interest.
Termination: Either party may terminate this contract with a written 30 day notice.
General:
a. The parties acknowledge that the rights and obligations hereunder are personal and not assignable by either party to another person or entity without the prior written consent of the other party, which consent may be withheld in the sole and absolute discretion of the requested party. The attempted assignment without such prior written consent shall be null and void.
b. All rights, powers and remedies herein may be exercised only to the extent that the exercise thereof does not violate any applicable law, and are intended to be limited to the extent necessary so that they will not render this Agreement invalid or unenforceable, in whole or in part, under applicable law. If any provision of this Agreement is held invalid, illegal or unenforceable provision shall be reformed to the full extend permitted by law in order to give maximum effect to the parties' intent hereunder.
c. This Agreement shall be governed and construed in accordance with the internal laws (and not the conflicts of law principles) of the State of Georgia. All claims shall be resolved by arbitration. A single arbitrator or panel of arbitrators shall conduct the arbitration in accordance with the then current rules of the American Arbitration Association ("AAA"). The arbitrator's decision shall be binding and judgment may be entered in any court having jurisdiction thereof.
d. The prevailing party in any action arising out of this Agreement shall be entitled to recover it's reasonable attorneys' fees incurred herein together with all costs and additional expenses reasonably incurred by such a party in connection with the action, whether or not normally included as taxable costs.
e. Company and contractors will each, at the request of the other, execute and deliver to each other all such further instruments and perform all such further actions as may be reasonably requested in order to effectuate the purposes of this Agreement.
f. Limitation of Liability: Company nor Companies affiliates shall be liable to contractor or any third party for special, consequential, incidental or indirect damages, including without limitation, damages resulting from the use of inability to use the provided services / products, delay of delivery and implementation, or loss of profits, data, business or goodwill, whether or not such party has been advised or is aware of the possibility of such damages. Notwithstanding and in addition to the foregoing, Companies liability for claims of any kind arising out of or relating to
this Agreement shall be limited solely to money damages and shall not in any event or under any set of circumstances exceed commission due to contractor.
g. This Agreement and constitutes the complete and entire agreement between the parties with respect to the subject matter hereof. This Agreement may not be amended, modified, or altered without the express written consent of the parties.
TERMINATION: Either party may terminate this agreement at any time effective upon written notice. Commissions received from partners for installations that are complete and or pending completion prior to the date of termination will be paid to contractor upon completion as herein defined. Contractor will not be compensated for any commissions received from partners after termination except as defined herein.
TERMINATION FOR CAUSE: If Company terminates Contractor for cause, no commissions or rights to receive commissions are deemed earned or survive after termination. Contractor Partner is liable for its actions and the action of its employees, agents and related parties. "Cause" includes fraudulent behavior, and unethical activities or behaviors, which act to jeopardize the Agency relationship between Company and any Carrier/partner.
If any part of this contract should be found to violate any state or local law that portion shall be void and the rest of the contract shall be fully enforceable.By signing this contract you are agreeing in advance to settle any differences which may arise in the implementation of our business agreement with a binding third party to be determined by Clark and Associates.In addition, the terms of this contract can change as long as Clark and Associates do so by giving the business associate a 30 day written notice.This contract can be voided by Clark and Associate at any time provided a 30 day written notice is provided.
By signing below, the Contractor agrees to all terms and conditions within:
Clark and Associates RepresentativeSignature of Authorized RepDate
The company:: Clark and Associates Credit Unmasked, LLC2140 McGee Road, Suite C-640
The Fair Credit Reporting Act (FCRA) is designed to promote accuracy, fairness, and privacy of information in the files of every "consumer reporting agency" (CRA). Most CRAs are credit bureaus that gather and sell information about you - such as where you work and live, if you pay your bills on time, and whether you've been sued, arrested, or have filed for bankruptcy -- to creditors, employers, and other businesses. The FCRA gives you specific rights in dealing with CRAs, and requires them to provide you with a summary of these rights as listed below. You can find the complete text of the FCRA, 15 U.S.C, 1681 et seq. at the Federal Trade Commission's web site (http://www.ftc.gov).
You must be told if information in your file has been used against you. Anyone who uses information from a CRA to take action against you -- such as denying an application for credit, insurance, or employment must give you the name, address, and phone number of the CRA that provided the report.
You can find out what is in your file. A CRA must give you all the information in your file, and a list of everyone who has requested it recently. However, you are not entitled to a "risk score" or a "credit score" that is based on information in your file. There is no charge for the report if your application was denied because of information supplied by the CRA, and if you request the report within 60 days of receiving the denial notice. You are also entitled to one free report a year if you certify that (1) you are unemployed and plan to seek employment within 60 days, (2) you are on welfare, or (3) your report is inaccurate due to fraud. Otherwise, a CRA may charge you a fee of up to eight dollars.
You can dispute inaccurate information with the CRA. If you tell a CRA that your file contains inaccurate information, the CRA must reinvestigate the items (usually within 30 days) unless your dispute is frivolous. The CRA must pass along to its source all relevant information you provided. The CRA also must supply you with written results of the investigation and a copy of your report, if it has changed. If an item is altered or deleted because you dispute it, the CRA cannot place it back in your file unless the source of the information verifies its accuracy and completeness, and the CRA provides you a written notice that includes the name, address and phone number of the source.
Inaccurate information must be deleted. A CRA must remove inaccurate information from its files, usually within 30 days after you dispute its accuracy. The largest credit bureaus must notify other national CRAs if items are altered or deleted, However, the CRA is not required to remove data from your file that is accurate unless it is outdated or cannot be verified.
You can dispute inaccurate items with the source of the information. If you tell anyone -- such as a creditor who reports to a CRA -- that you dispute an item, they may not then report the information to a CRA without including a notice of your dispute. In addition, once you've notified the source of the error in writing, they may not continue to report it if it is in fact an error. Outdated information may not be reported. In most cases, a CRA may not report negative information that is more than seven years old; ten years for bankruptcies.
Access to your file is limited. A CRA may provide information about you only to those who have a need recognized by the FCRA -- usually to consider an application you have submitted to a creditor, insurer, employer, landlord, or other business. · Your consent is required for reports that are provided to employers or that contain medical information. A CRA may not report to your employer, or prospective employer, about you without your written consent. A CRA may not divulge medical information about you without your permission.
You can stop a CRA from including you on lists for unsolicited credit and insurance offers. Creditors and insurers may use file information as the basis for sending you unsolicited offers of credit or insurance. Such offers must include a toll-free number for you to call and tell the CRA if you want your name and address excluded from future lists or offers. If you notify the CRA through the toll-free number, it must keep you off the lists for two years. If you request and complete the CRA form provided for this purpose, you can have your name and address removed indefinitely.
You may seek damages from violators.You may sue a CRA or other party in state or federal court for violations of the FCRA- If you win, the defendant may have to pay damages and reimburse you for attorney fees. If you lose and the court specifically finds you sued in bad faith, you or your attorney may have to pay the defendant's fees.
You may have additional rights under state law. You may wish to contact a state or local consumer protection agency or a State attorney general to learn those rights. If you have questions or believe your file contains errors, call our toll-free number.
2009CompanyS.O.P. &
Training Manual
Fair Credit-A Summary of Rights and Laws
Fair Credit Billing
Have you ever been billed for merchandise you returned or never received? Has your credit card company ever charged you twice for the same item or failed to credit a payment to your account? While frustrating, these errors can be corrected. It takes a little patience and knowledge of the dispute settlement procedures provided by the Fair Credit Billing Act (FCBA).
The law applies to "open end" credit accounts, such as credit cards, and revolving charge accounts - such as department store accounts. It does not cover installment contracts - loans or extensions of credit you repay on a fixed schedule. Consumers often buy cars, furniture and major appliances on an installment basis, and repay personal loans in installments as well.
What types of disputes are covered?
The FCBA settlement procedures apply only to disputes about "billing errors." For example:
Unauthorized charges. Federal law limits your responsibility for unauthorized charges up to $50.00.
Charges that list the wrong date or amount.
Charges for goods and services you didn't accept or weren't delivered as agreed.
Math errors.
Failure to post payments and other credits, such as returns.
Failure to send bills to your current address - provided the creditor receives your change of address, in writing, at least 20 days before the billing period ends
Charges for which you ask for an explanation or written proof of purchase along with a claimed error or request for clarification.
To take advantage of the law's consumer protections, you must:
Write to the creditor at the address given for "billing inquiries," not the address for sending your payments, and include your name, address, account number and a description of the billing error.
Send your letter so that it reaches the creditor within 60 days after the first bill containing the error was mailed to you.
Send your letter by certified mail, return receipt requested, so you have proof of what the creditor received. Include copies (not originals) of sales slips or other documents that support your position. Keep a copy of your dispute letter.
The creditor must acknowledge your complaint in writing within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles (but not more than 90 days) after receiving your letter.
Date Your Name Your Address Your City, State, Zip Code Your Account Number
Name of Creditor Billing Inquiries Address City, State, Zip Code
Dear Sir or Madam:
I am writing to dispute a billing error in the amount of $______on my account. The amount is inaccurate because (describe the problem). I am requesting that the error be corrected, that any finance and other charges related to the disputed amount be credited as well, and that I receive an accurate statement.
Enclosed are copies of (use this sentence to describe any enclosed information, such as sales slips, payment records) supporting my position. Please investigate this matter and correct the billing error as soon as possible.
Sincerely, Your name Enclosures: (List what you are enclosing.)
What happens while my bill is in dispute?
You may withhold payment on the disputed amount (and related charges), during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed amount.
The creditor may not take any legal or other action to collect the disputed amount and related charges (including finance charges) during the investigation. While your account cannot be closed or restricted, the disputed amount may be applied against your credit limit.
Will my credit rating be affected?
The creditor may not threaten your credit rating or report you as delinquent while your bill is in dispute. However, the creditor may report that you are challenging your bill. In addition, the Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants who exercise their rights, in good faith, under the FCBA. Simply put, you cannot be denied credit simply because you've disputed a bill.
What if...
...the bill is incorrect?
If your bill contains an error, the creditor must explain to you - in writing - the corrections that will be made to your account. In addition to crediting your account, the creditor must remove all finance charges, late fees or other charges related to the error.
If the creditor determines that you owe a portion of the disputed amount, you must get a written explanation. You may request copies of documents proving you owe the money.
...the bill is correct?
If the creditor's investigation determines the bill is correct, you must be told promptly and in writing how much you owe and why. You may ask for copies of relevant documents. At this point, you'll owe the disputed amount, plus any finance charges that accumulated while the amount was in dispute. You also may have to pay the minimum amount you missed paying because of the dispute.
If you disagree with the results of the investigation, you may write to the creditor, but you must act within 10 days after receiving the explanation, and you may indicate that you refuse to pay the disputed amount. At this point, the creditor may begin collection procedures. However, if the creditor reports you to a credit bureau as delinquent, the report also must state that
you don't think you owe the money. The creditor must tell you who gets these reports.
...the creditor fails to follow the procedure?
Any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges, up to $50, even if the bill turns out to be correct. For example, if a creditor acknowledges your complaint in 45 days - 15 days too late - or takes more than two billing cycles to resolve a dispute, the penalty applies. The penalty also applies if a creditor threatens to report - or improperly reports - your failure to pay to anyone during the dispute period.
An important caveat
Disputes about the quality of goods and services are not "billing errors," so the dispute procedure does not apply. However, if you buy unsatisfactory goods or services with a credit or charge card, you can take the same legal actions against the card issuer as you can take under state law against the seller.
To take advantage of this protection regarding the quality of goods or services, you must:
have made the purchase (it must be for more than $50) in your home state or within 100 miles of your current billing address;
Make a good faith effort to resolve the dispute with the seller first.
The dollar and distance limitations don't apply if the seller also is the card issuer - or if a special business relationship exists between the seller and the card issuer.
Other billing rights
Businesses that offer "open end" credit also must:
give you a written notice when you open a new account - and at certain other times - that describes your right to dispute billing errors;
provide a statement for each billing period in which you owe - or they owe you - more than one dollar;
send your bill at least 14 days before the payment is due - if you have a period within which to pay the bill without incurring additional charges;
Credit all payments to your account on the date they're received, unless no extra charges would result if they failed to do so. Creditors are permitted to set some reasonable rules for making payments, say setting a reasonable deadline for payment to be received to be credited on the same date; and
Promptly credit or refund overpayments and other amounts owed to your account. This applies to instances where your account is owed more than one dollar. Your account must be credited promptly with the amount owed. If you prefer a refund, it must be sent within seven business days after the creditor receives your written request. The creditor must also make a good faith effort to refund a credit balance that has remained on your account for more than six months.
Suing the creditor
You can sue a creditor who violates the FCBA. If you win, you may be awarded damages, plus twice the amount of any finance charge - as long as it's between $100 and $1,000. The court also may order the creditor to pay your attorney's fees and costs.
If possible, hire a lawyer who is willing to accept the amount awarded to you by the court as the entire fee for representing you. Some lawyers may not take your case unless you agree to pay their fee - win or lose - or add to the court-awarded amount if they think it's too low.
Reporting FCBA violations
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Equal Credit Opportunity
Credit is used by millions of consumers to finance an education or a house, remodel a home, or get a small business loan.
The Equal Credit Opportunity Act (ECOA) ensures that all consumers are given an equal chance to obtain credit. This doesn’t mean all consumers who apply for credit get it: Factors such as income, expenses, debt, and credit history are considerations for creditworthiness.
The law protects you when you deal with any creditor who regularly extends credit, including banks, small loan and finance companies, retail and department stores, credit card companies, and credit unions. Anyone involved in granting credit, such as real estate brokers who arrange financing, is covered by the law. Businesses applying for credit also are protected by the law.
When You Apply For Credit, A Creditor May Not...
Discourage you from applying because of your sex, marital status, age, race, national origin, or because you receive public assistance income.
Ask you to reveal your sex, race, national origin, or religion. A creditor may ask you to voluntarily disclose this information (except for religion) if you’re applying for a real estate loan. This information helps federal agencies enforce anti-discrimination laws. You may be asked about your residence or immigration status.
Ask if you’re widowed or divorced. When permitted to ask marital status, a creditor may only use the terms: married, unmarried, or separated.
Ask about your marital status if you’re applying for a separate, unsecured account. A creditor may ask you to provide this information if you live in "community property" states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington. A creditor in any state may ask for this information if you apply for a joint account or one secured by property.
Request information about your spouse, except when your spouse is applying with you; your spouse will be allowed to use the account; you are relying on your spouse’s income or on alimony or child support income from a former spouse; or if you reside in a community property state.
Inquire about your plans for having or raising children.
Ask if you receive alimony, child support, or separate maintenance payments, unless you’re first told that you don’t have to provide this information if you won’t rely on these payments to get credit. A creditor may ask if you have to pay alimony, child support, or separate maintenance payments.
When Deciding To Give You Credit, A Creditor May Not...
Consider your sex, marital status, race, national origin, or religion.
Consider whether you have a telephone listing in your name. A creditor may consider whether you have a phone.
Consider the race of people in the neighborhood where you want to buy, refinance or improve a house with borrowed money.
Consider your age, unless:
you’re too young to sign contracts, generally younger than 18 years of age;
you’re 62 or older, and the creditor will favor you because of your age;
it’s used to determine the meaning of other factors important to creditworthiness. For example, a creditor could use your age to determine if your income might drop because you’re about to retire;
it’s used in a valid scoring system that favors applicants age 62 and older. A credit-scoring system assigns points to answers you provide to credit application questions. For example, your length of employment might be scored differently depending on your age.
When Evaluating Your Income, A Creditor May Not...
Refuse to consider public assistance income the same way as other income.
Discount income because of your sex or marital status. For example, a creditor cannot count a man’s salary at 100 percent and a woman’s at 75 percent. A creditor may not assume a woman of childbearing age will stop working to raise children.
Discount or refuse to consider income because it comes from part-time employment or pension, annuity, or retirement benefits programs.
Refuse to consider regular alimony, child support, or separate maintenance payments. A creditor may ask you to prove you have received this income consistently.
You Also Have The Right To...
Have credit in your birth name (Mary Smith), your first and your spouse’s last name (Mary Jones), or your first name and a combined last name (Mary Smith-Jones).
Get credit without a cosigner, if you meet the creditor’s standards.
Have a cosigner other than your husband or wife, if one is necessary.
Keep your own accounts after you change your name, marital status, reach a certain age, or retire, unless the creditor has evidence that you’re not willing or able to pay.
Know whether your application was accepted or rejected within 30 days of filing a complete application.
Know why your application was rejected. The creditor must give you a notice that tells you either the specific reasons for your rejection or your right to learn the reasons if you ask within 60 days.
Acceptable reasons include: "Your income was low," or "You haven’t been employed long enough." Unacceptable reasons are: "You didn’t meet our minimum standards," or "You didn’t receive enough points on our credit-scoring system." Indefinite and vague reasons are illegal, so ask the creditor to be specific.
Find out why you were offered less favorable terms than you applied for—unless you accept the terms. Ask for details. Examples of less favorable terms include higher finance charges or less money than you requested.
Find out why your account was closed or why the terms of the account were made less favorable unless the account was inactive or delinquent.
A Special Note To Women
A good credit history—a record of how you paid past bills—often is necessary to get credit. Unfortunately, this hurts many married, separated, divorced, and widowed women. There are two common reasons women don’t have credit histories in their own names: they lost their credit histories when they married and changed their names; or creditors reported accounts shared by married couples in the husband’s name only.
If you’re married, divorced, separated, or widowed, contact your local credit bureau(s) to make sure all relevant information is in a file under your own name.
If You Suspect Discrimination...
Complain to the creditor. Make it known you’re aware of the law. The creditor may find an error or reverse the decision.
Check with your state Attorney General to see if the creditor violated state equal credit opportunity laws. Your state may decide to prosecute the creditor.
Bring a case in federal district court. If you win, you can recover damages, including punitive damages. You also can obtain compensation for attorney’s fees and court costs. An attorney can advise you on how to proceed.
Join with others and file a class action suit. You may recover punitive damages for the group of up to $500,000 or one percent of the creditor’s net worth, whichever is less.
Report violations to the appropriate government agency. If you’re denied credit, the creditor must give you the name and address of the agency to contact. While some of these agencies don’t resolve individual complaints, the information you provide helps them decide which companies to investigate. A list of agencies follows.
If a retail store, department store, small loan and finance company, mortgage company, oil company, public utility, state credit union, government lending program, or travel and expense credit card company is involved, contact:
Consumer Response Center Federal Trade Commission Washington, DC 20580.
The FTC cannot intervene in individual disputes, but the information you provide may indicate a pattern of possible law violations that require action by the Commission.
If your complaint concerns a nationally-chartered bank (National or N.A. will be part of the name), write to:
Comptroller of the Currency Compliance Management Mail Stop 7-5 Washington, DC 20219
If your complaint concerns a state-chartered bank that is insured by the Federal Deposit Insurance Corporation but is not a member of the Federal Reserve System, write to:
Federal Deposit Insurance Corporation Consumer Affairs Division Washington, DC 20429
If your complaint concerns a federally-chartered or federally-insured savings and loan association, write to:
Office of Thrift Supervision Consumer Affairs Program Washington, DC 20552
If your complaint concerns a federally-chartered credit union, write to:
National Credit Union Administration Consumer Affairs Division Washington, DC 20456
Complaints against all kinds of creditors can be referred to:
Department of Justice Civil Rights Division Washington, DC 20530
For More Information
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Fair Debt Collection
If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."
You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.
This brochure answers commonly asked questions about your rights under the Fair Debt Collection Practices Act.
What debts are covered?
Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.
What types of debt collection practices are prohibited? Harassment, Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
For example, debt collectors may not:
use threats of violence or harm;
publish a list of consumers who refuse to pay their debts (except to a credit bureau);
Use obscene or profane language; or repeatedly use the telephone to annoy someone.
False statements Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
Indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
you will be arrested if you do not pay your debt;
they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so; or
Actions, such as a lawsuit, will be taken against you, when such action legally may not be taken, or when they do not intend to take such action.
Debt collectors may not:
give false credit information about you to anyone, including a credit bureau;
send you anything that looks like an official document from a court or government agency when it is not; or
use a false name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:
collect any amount greater than your debt, unless your state law permits such a charge;
deposit a post-dated check prematurely;
use deception to make you accept collect calls or pay for telegrams;
take or threaten to take your property unless this can be done legally; or
contact you by postcard.
What control do you have over payment of debts?
If you owe more than one debt, any payment you make must be applied to the debt you indicate. A debt collector may not apply a payment to any debt you believe you do not owe.
What can you do if you believe a debt collector violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney’s fees also can be recovered. A group of people also may sue a debt collector and recover money for damages up to $500,000, or one percent of the collector’s net worth, whichever is less.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney neral’s office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General’s office can help you determine your rights.
The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit www.ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.
Use These Numbers to Order Reports:
Equifax 1-800-685-1111 This one lets you get a free report if you have been denied credit in the last 60 days. Option 2. Make sure that you order only the credit report. Mail within 48 hours.
TransUnion - 800-916-8800 - mail within 6 to 8 business days.
Experian - 888-397-3742 - receive within 8 to 10 business days.
Caution: if your phone request gets lost, you'll have to write anyway. If your letter is later than 30 days after you were denied credit, employment, or insurance, you might have to pay for the report. It would be a good idea to mention in your letter the date that you requested the report by phone. Equifax also requests that you follow up your phone order with a written request containing proof of address, your driver's license, name, date of birth and SSN.
Use for Disputes on Credit Reports:
Experian NCAC PO Box 9556 Allen TX 75013 888-397-3742
Equifax Information Services P O BOX 740256 Atlanta, GA 30374 800-997-2493
TransUnion Customer Disclosure Center Trans Union Consumer Relations PO Box 2000 Chester, PA 19022-2000 800-888-4213
When mailing your request, make sure you send all of the information contained here.
Some states have laws requiring the bureaus to provide more than one free credit report per year. To find out if your state requires this and more details about the cost of ordering your report, see our article on state credit report costs.
If you are turned down for credit, employment, or insurance within the last 60 days. Take the written proof of your turn down and mail it to the credit bureaus, requesting your free report.
If you were charged higher rates and fees or deposits based on a credit report issued by a credit bureau, you have the right to get a free copy from that bureau
If you certify in writing that either you are unemployed and plan to seek employment in the next 60 days
If you are on welfare
If you write to say you were a victim of fraud
If you are too impatient to wait for this, you can always order your credit report online:
The 3 national credit bureaus systems in the United States are Equifax, Experian, and Trans Union. Experian was formerly known as TRW. A fourth national credit bureau named Innovis exists, but does not currently seem to factor into decisions for denials of credit, insurance or employment. It is more in a development stage.
These national credit bureaus are for-profit companies owned by their shareholders. They are not government entities or funded by the government. There are also independent, non-national, local credit bureaus throughout the country that are generally affiliated with one of the 3 national systems, but may not be owned by the national credit bureaus. Local bureaus are sometimes for-profit companies and sometimes non-profit associations of lender/members in a particular geographical area.
The 3 national credit bureaus are competitors of each other, and they do not normally share their credit information except in special cases. That is why it is important to order a credit report from all three credit bureaus.
Credit bureaus gather their consumer credit information by soliciting creditors such as credit card companies, banks, and lenders to join their systems and contribute their credit experience on consumers to the systems. In return for submitting information to the systems, creditor members may use the system to obtain credit information on consumers to approve credit decisions or review existing consumer accounts.
Credit bureaus are generally regulated by the Fair Credit Reporting Act (FCRA), which is the Federal law generally covering credit bureaus and credit reporting in this country. Individual states may also have their own versions of the law.
IN COMPLIANCE WITH THE FAIR CREDIT REPORTING ACT OF 1996... The credit reporting industry has designated a single toll free number that will allow consumers to opt out of promotional mailing lists sold by credit bureaus. The system is an interactive voice mail that requests information necessary to opt out of such lists.
TO USE THE SYSTEM... Consumers should call (888) 5 OPT OUT and follow the voice prompt. Once the information is recorded, an e-mail is sent to the three bureaus daily and posted to consumer files. The number is available 24 hours a day.
A Little History…
The 3 major credit unions are not designed with the consumer in mind. The system is set up to the advantage of the companies requesting credit scores. The main focus of credit bureaus is to provide accurate information to the companies requesting histories of credit applicants.
Equifax is one of the 3 major credit bureaus. This company has been in business for over 100 years. Although Equifax is headquartered in Atlanta, Georgia, it has offices in many different countries throughout the globe.
This credit bureau caters to both small and large businesses as well as assisting individual consumers with accurate credit reporting. This does not mean that every Equifax report is completely free of errors and omissions, but Equifax does try to promptly correct any problems on credit reports. It is in this company's best interest to resolve issues quickly – as it is for each of the major credit bureaus – because their product is accurate credit history reporting to lenders and other requesting organizations.
Experian is another of the major credit bureaus. This company focuses on providing business services to interested companies. Companies pay Experian to provide creditworthy leads for direct mailing and preapproved offers. For example, when consumers receive preapproved credit card offers in the mail there is a good chance that the original information regarding the consumer's creditworthiness was supplied to the creditor by Experian or one of the other credit bureaus.
This credit bureau also offers ContractorCheck, a service for individuals to use prior to employing a contractor to check the status of the contractor's licensing, credit, and other important information.
TransUnion is another major credit bureau. This company began operations in 1968 and is headquartered in Chicago, Illinois. TransUnion maintains credit reports for millions of consumers including overseas consumers who do not reside within the United States.
This company provides a variety of educational materials to consumers with information on credit management and other financial issues. TransUnion's Credit Learning Center supplies consumers with answers to common credit questions as well as other useful information.
Lenders may request credit reports from only one preferred credit bureau or may instead request copies from all three major credit bureaus. Some lenders and other requesting companies may use a combination of the three.
Requesting a credit report costs money. Even though it is much more financially advantageous to request only one report, the best way to get an accurate view of a potential borrower's credit history is to take a look at all three reports in their entirety.
A credit report is basically divided into four sections: identifying information, credit history, public records and inquiries.
Identifying information is just that -- information to identify you. Look at it closely to make sure it's accurate. It's not unusual, Sweet says, for there to be two or three spellings of your name or more than one Social Security number. That's usually because someone reported the information that way. The variations will stay on your credit report; "If it's reported wrong, we leave it because it might mess up the link. Don't be concerned about variations." <!--[if !supportLineBreakNewLine]--> <!--[endif]-->
Other information might include your current and previous addresses, your date of birth, telephone numbers, driver's license numbers, your employer and your spouse's name.
The next section is your credit history. Sometimes, the individual accounts are called trade lines.
Each account will include the name of the creditor and the account number, which may be scrambled for security purposes. You may have more than one account from a creditor. Many creditors have more than one kind of account, or if you move, they transfer your account to a new location and assign a new number. The entry will also include:
When you opened the account
The kind of credit (installment, such as a mortgage or car loan, or revolving, such as a department store credit card)
Whether the account is in your name alone or with another person
Total amount of the loan, high credit limit or highest balance on the card
How much you still owe
Fixed monthly payments or minimum monthly amount
Status of the account (open, inactive, closed, paid, etc.)
How well you've paid the account
On Experian's report, your payment history is written in plain English -- never pays late, typically pays 30 days late, etc. Other comments might include internal collection and charged off or default.
"Charged off means the creditor has given up, thrown in the towel. He's made efforts to collect and written it off."
Other reports use payment codes ranging from 1 to 9; an R1 or I1 on a report is an indication of a good payment history on a revolving or installment account.
Better off blank
The next section is the part you want to be absolutely blank. The public records section "is never a good story.”If you have a public record on there, you've had a problem.
It doesn't list arrests and criminal activities; just financial-related data, such as bankruptcies, judgments and tax liens. Those are the monsters that will trash your credit faster than anything else.
The final section is the inquiries. That's a list of everyone who asked to see your credit report.
"Any time anyone gets into the report, it'll post an inquiry.”If you call the credit bureau and ask for a copy, it will be on there. It's a very detailed entry record. It's great for the consumer."
Inquiries are divided into two sections. "Hard" inquiries are ones you initiate by filling out a credit application or taking your child to the orthodontist. "Soft" inquiries are from companies that want to send out promotional information to a pre-qualified group or current creditors who are monitoring your account.
You may have heard that a large number of inquiries can have a negative impact on your credit score, but you're probably OK. "The vast majority of inquiries are ignored by the FICO scoring models.
For instance, the model has a buffer period that ignores inquiries within 30 days of getting a mortgage or a car loan. It also counts two or more "hard" inquiries in the same 14-day period as just one inquiry."You could have 30 in two weeks and it only counts as one.
If you find a mistake on your credit report -- an account that isn't yours or a disputed amount -- you'll need to fill out the form that comes with the report, or follow the instructions on the explanatory sheet.
The process takes time because the creditors have 30 days to respond to a charge of a discrepancy. As long as a charge is in dispute, that dispute will show up on your report. Long-time lenders say it's common for reports to have errors. Some estimate that as many as 80 percent of all credit reports have some kind of misinformation.
<!--[if !vml]--><!--[endif]-->Equifax Credit Report Format
Equifax format credit reports in the standard Acrofile Plus layout for Equifax can be provided for easy integration into your application. Alternatively, the MERit Credit Engine provides credit report data in database tables or as XML, so it is possible to create your own custom-design report layouts.
Equifax Layout
1.Inquiry Data Shows the data used for the request. It identifies the consumer name, current address, former address and employment (if provided,) and social security number.
2.Report Header Appears at the top of reports to identify the operator, the user reference (if provided) and relevant dates and times.
3.Risk Models One or more credit scores may appear here, along with reason codes. This example shows a BEACON score.
4.Safescan Alerts Possible fraud indicators, such as an SSN used with other names or reported as deceased.
5.OFAC Alert provides a record of the check against the Office of Foreign Assets Control database for USA PATRIOT Act compliance.
6.Consumer referral address shows the credit bureau phone number and address to be provided to the consumer if credit is declined.
7.Subject Identification shows the full name that Equifax has on file. SINCE indicates the date the file was established, FAD is the date the file was last updated, FN is the Equifax internal file number.
8.Addresses (Current and Former) with dates reported.
9.BDS / Social Security Number Birth date of the subject and one or more Social Security numbers associated with this consumer.
10.Employment Up to four lines showing recent employers (as known to Equifax.)
11.Profile Summary is a quick overview of the rest of the report. SUM - The date range covered. PR/OI - Existence of public records or other information. (Yes or No.) COLL - Existence of collection items. (Yes or No.) FB - Foreign bureau accounts (how many.) ACCTS - Accounts (how many.) HC - Range of lowest credit limit to highest reported credit limit or balance. ONES, TWOS. - How many R1, R2 derogatory trade items.
12.Inquiry Alert - Warns of possibly excessive recent applications for credit.
13.Public Records - May include docket number and dollar amounts from garnishments, bankruptcies, judgments, and other court records. See table below.
14.Tradelines
A.
FIRM - The lender
B.
IDENTCODE - The lender's member number with Equifax, including a two-letter industry code. For example, AU designates used automobile dealer.
C.
CS - Current status. R1 is a revolving account paid as agreed, R2 is a past-due account (1 or 2 payments behind,) etc. R0 indicates the account is too new to rate. Other status codes indicate things such as repossession, lost/stolen card, etc. Installment loans with a fixed number of payments use I (instead of R.) Open 30, 60, or 90 day accounts use O (instead of R.) See table below.
D.
ECOA - Equal Credit Opportunity Act code: I for individual, J for joint. See table below.
E.
Account Number - Number assigned to the account by the lender, such as a credit card number. Some digits may be masked or truncated.
F.
RPTD, OPND Month and year this item was last reported and originally opened.
G.
LIMIT, P/DUE - Credit limit for revolving accounts (if reported) and the current amount past due.
H.
HICR, TERM - High credit - The highest the balance has been, and the term in months.
I.
BAL$ - Balance currently owed.
J.
DLA Date of Last Access (date reported)
K.
MR Months reviewed.
L.
(30-60-90+) Number of 30-, 60-, & 90-day delinquencies
M.
MAX/DEL Date and status-code of the worst delinquency. Example: 04/97 R3 indicates 3 payments behind in April of 1997. See table below.
N.
24 Month History - Status codes for up to 24 months: 1=on-time payment, 2=past-due up to 2 months, 3=past-due up to 3 months, etc. (The most recent month is at the left.)
15.INQS - Company name, Equifax member number and dates of recent credit inquiries. Normally indicates where else the subject has applied for credit. 16.Online Directory - If ordered, telephone numbers and addresses of the subject's creditors can be listed to assist in skip-tracing, etc.
Other Items
OFAC Alert, if requested, provides a record of the check against the Office of Foreign Assets Control database for USA PATRIOT Act compliance.
Consumer's Statement (if present) is the subject's side of the story for items that may have been unsuccessfully disputed, or the consumer's explanation for late payments and other derogatory items. A fraud victim alert may have also been included at request of the consumer.
CONSUMER STATEMENT RPTD 12/02 PURGE 12/08 #HK# ID FRAUD VICTIM ALERT: MY IDENTITY MAY HAVE BEEN USED WITHOU MY CONSENT TO FRAUDULENTLY OBTAIN GOODS OR SERVICES FRAUDULENT APPLICATIONS MAY BE SUBMITTED IN MY NAME USING CORRECT PERSONAL INFORMATION DO NOT EXTEND CREDIT WITHOUT FIRST CONTACTING ME PERSONALLY AND VERIFYING ALL APPLICANT INFORMATION AT 777-777-7777 DAY OR 888-888-8888 EVENING
Equifax Codes
Public Record Codes
Code
Description
Code
Description
AB JD
Abstract Judgment (foreclosure, etc.).
PD CL
Paid collection ($50 and up)
BKRPT
Bankruptcy
SECLN
Secured loan
FINCL
Financial counselors
SP MT
Separate maintenance
FN ST
Financial statement filed
ST JD
Satisfied judgment (foreclosure, etc.).
FORCL
Foreclosure
SUDI
Suit dismissed
GARN
Garnishment
SUIT
Lawsuit
LIEN
Tax Lien
UP CL
Unpaid collection ($50 and up)
MAR
Martial items (divorce, etc.)
WEP
Wage earner plan
N/RES
Non-responsibility
Equifax Trade Check Rating Codes
Installment Account (fixed number of payments
Revolving or Option Account (Open-ended)
Open Account (30, 60, or 90-day account.)
Meaning
I0
R0
O0
Too new to rate
I1
R1
O1
Pays account as agreed
I2
R2
O2
Not more than two payments past due
I3
R3
O3
Not more than three payments past due
I4
R4
O4
Not more than four payments past due
I5
R5
O5
More than 120 days or four payments past due
I7
R7
O7
Making regular payments under WEP.
I8
R8
O8
Repossession
I9
R9
O9
Bad debt; placed for collection
IA
RA
OA
Account is inactive
IB
RB
OB
Lost or stolen card
IC
RC
OC
Contact member for status
ID
RD
OD
Refinanced or renewed
IE
RE
OE
Consumer deceased
IF
RF
OF
In financial counseling
IG
RG
OG
Foreclosure process started
IH
RH
OH
In WEP of other party
IJ
RJ
OJ
Adjustment pending
IM
RM
OM
Included in Chapter 13
ECOA Codes
Description
A
Authorized User - This individual is an authorized user of this account; another individual has contractual responsibility
C
Joint Account Contractual Responsibility - This individual is contractually obligated to repay all debts arising on this account. There are other people associated with this account who may or may not have contractual responsibility.
I
Individual - This individual has contractual responsibility for this account and is primarily responsible for its payment
M
Maker (signer) - This individual is responsible for this account, which is guaranteed by a Co-maker (cosigner)
P
Shared Account - This individual participates in this account. The association cannot be distinguished between ECOA I or J
S
coSigner - This individual has guaranteed this account and assumes responsibility should signer default
T
Terminated - Account is terminated
U
Undesignated - This is reported by the Bureau only
X
Deceased - the subject is on record as being dead.
What is a FICO score?
A FICO score is a credit score developed by Fair Isaac & Co. Credit scoring is a method of determining the likelihood that credit users will pay their bills. Fair, Isaac began its pioneering work with credit scoring in the late 1950s and, since then, scoring has become widely accepted by lenders as a reliable means of credit evaluation. A credit score attempts to condense a borrower’s credit history into a single number. Fair, Isaac & Co. and the credit bureaus do not reveal how these scores are computed. The Federal Trade Commission has ruled this to be acceptable.
Credit scores are calculated by using scoring models and mathematical tables that assign points for different pieces of information which best predict future credit performance. Developing these models involves studying how thousands, even millions, of people have used credit. Score-model developers find predictive factors in the data that have proven to indicate future credit performance. Models can be developed from different sources of data. Credit-bureau models are developed from information in consumer credit-bureau reports.
Credit scores analyze a borrower's credit history considering numerous factors such as:
Late payments
The amount of time credit has been established
The amount of credit used versus the amount of credit available
Length of time at present residence
Negative credit information such as bankruptcies, charge-offs, collections, etc.
There are really three FICO scores computed by data provided by each of the three bureaus––Experian, Trans Union and Equifax. Some lenders use one of these three scores, while other lenders may use the middle score.
Frequently Asked Questions (FAQs)
How can I increase my score?
While it is difficult to increase your score over the short run, here are some tips to increase your score over a period of time.
Pay your bills on time. Late payments and collections can have a serious impact on your score.
Do not apply for credit frequently. Having a large number of inquiries on your credit report can worsen your score.
Reduce your credit-card balances. If you are "maxed" out on your credit cards, this will affect your credit score negatively.
If you have limited credit, obtain additional credit. Not having sufficient credit can negatively impact your score.