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Consumer Affairs

Attorneys General Warn of 'Free' Credit Report Confusion

Call for clear disclaimer in advertising


December 9, 2009
Many consumers choose the beginning of a new year to check their credit reports under the law that allows a free annual review from all three credit reporting agencies. But despite what you see on TV and the Web, there's only one official site where you can do that.

That Web site is www.AnnualCreditReport.com.

In Washington State, Attorney General Rob McKenna says he regularly reminds consumers that the official site is not the one with the catchy jingles in television ads. McKenna says more needs to be done to protect consumers attempting to obtain the free credit reports allowed by law.

"Credit reports are crucial in helping consumers detect whether they've become victims of identity theft or credit fraud," McKenna said. "Credit reporting agencies are required to provide you a free copy of your report, but some see this as an opportunity to sell additional products. Under the law, 'free' means 'at no cost,' not 'free with a purchase'."

McKenna joined 42 other state attorneys general in sending a letter this week to the Federal Trade Commission (FTC), in conjunction with the FTC's proposal to help prevent deceptive marketing of "free" credit reports. The attorneys general said they support a number of the changes proposed by the FTC but would like even clearer disclosures.

"We believe that advertising restrictions and mandatory disclosures are necessary to ensure that consumers are not misled or confused by advertisements and offers for 'free' credit reports and are able to easily obtain their free annual credit reports," the letter states.

By law, consumers are permitted one free credit report from each of the three major credit bureaus -- Equifax, TransUnion and Experian. Consumers may request a report online or by calling 1-877-322-8228.

The states' letter identifies FreeCreditReport.com as an example of a Web site where consumers can be misled. Experian owns and heavily markets the site.

Clearing up confusion

"Consumers file complaints stating they did not understand that by accessing their free credit report, they had signed up for a service that automatically charged a specific amount per month for credit monitoring," the attorneys general wrote.

The FTC proposes that TV and radio commercials for "free" credit reports must disclose, "This is not the free credit report provided for by Federal law." The states want advertisers to include the statement, "This report is only free if you make a purchase."

Print and Internet ads would require similar disclosures and list the phone number and Web site for requesting the government-mandated free reports. Consumers who visited a Web site where "free" credit reports are sold would be automatically sent to a separate landing page where they could choose to continue to the commercial site or instead visit the official free government site, AnnualCreditReport.com.

The attorneys general and the FTC also want to ban Web links to commercial Web sites from the official site and prohibit marketing for paid services or products until after a consumer has received the free credit report.

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