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Is
it ethical to try and remove legitimate bad credit?
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Yes! One of the best explanations
of that is the following article written by Jayson Orvis, Attorney
At Law:
"Credit Repair"
has not been kind to the American consumer. In fact, the phrase
is synonymous with fraud. This is the stigma we face as we offer
a membership wherein the client is offered an alternative to
"credit prison." Because the nasty reputation of credit
repair sometimes washes over into our space, we are often called
upon to defend the ethics of our service.
Despite the disrepute
which taints credit improvement, our service is clearly analogous
to the service provided by a defense attorney. The credit report
is no more than an allegation. Unfortunately, most citizens
never challenge that allegation. By enlisting the Law Offices
through N.A.C.A. to their defense, our clients employ us to
enter a plea of "not guilty." We take an affirmative
defense; we offer a reasonable alibi and leave it to the bureaus
to substantiate their allegation. If the bureau claims to have
investigated and affirmed the allegation, we appeal the decision.
Eventually, we find that most credit report allegations are
at some point untenable and are removed.
Removing record
of a negative credit account, which did actually exist, is undoubtedly
ethically sound. We belong to a fundamentally capitalistic civilization
and the credit bureaus capitalize on consumer information. Unlike
our legal system, the bureaus take no oath to truth, equity
and the common good. No American has the moral obligation to
support any business venture or corporation, much less a corporation
which may well destroy their financial life. The information
tended by the credit bureaus is ethically "up for grabs."
The credit bureaus
would maintain every piece of credit information forever if
it weren't for federal law which has directed them to remove
most items after seven years. In essence, the credit bureaus
themselves practice credit repair, basically at the seven year
mark. If it is right to remove accurate credit accounts after
seven years, why would it be wrong to do so in less time?
A
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In relationship
to the consumer, the credit bureaus do not concern themselves
with the impact of the information. This information often misrepresents
the credit worthiness of the consumer. By tagging good citizens
as "deadbeats" the bureaus damage the creditors, the
economy and, most importantly, the individual. Several policies
and techniques employed by the credit bureaus appear most abusive
to the American consumer; these we cite as justification of
our opposition to the present credit reporting system.
Seven years (10
years for bankruptcy and some court accounts) credit bondage
punishes the debtor unjustly. At no point have the credit bureaus
ever conducted a study determining seven years to be the point
of deadbeat rejuvenation. The seven year mark is entirely arbitrarily.
In fact, Dr. Bonnie Gution, adviser to President Bush on consumer
affairs, remarked, "...it is our understanding that computer
models that predict credit worthiness find most information
that is more than two years old nonessential." Based on
experience with our clientele, seven years is truly too long.
Within a year or two, most consumers completely recover from
an economic crisis. For the remaining five or six years, they
are left hobbled---forced to rent homes, pay outrageous interest
on high risk auto loans, forgo the convenience of credit cards
and pay cash for every expenditure. By expelling the consumer
from the credit loop, the economy suffers. Our clients come
to us on the financial upswing. If they can afford our membership,
they are most likely on the way back to financial abundance.
These are consumers fully recovered from crisis, re-engaged
to financial responsibility and anxious to reenter the credit
economy. For them, we offer a deserved parole from the credit
prison which they entered as their financial world fell apart.
The credit bureaus
have not been able to maintain reasonable accuracy in their
credit profiles. The bureaus claim an error ratio under 1 percent.
In reality, studies conducted by neutral third parties have
determined the credit report error ratio to be closer to 40
percent. Unfortunately for the consumer, the credit bureaus
choose to err on the side of negative information. As our clients'
files have passed through our offices, we have noticed a high
incidence of file mergers---the worst kind of file error. In
a file merger, the credit of another person with a similar name
is spread onto the file of the innocent bystander. Oddly, the
credit bureaus fiercely resist correction of these obvious errors.
We have found the only way to prompt them to revision is through
a lawsuit.
Credit reporting
makes up only a small portion of the revenue which the bureaus
claim each year. The databases really pay off in the sales of
information. From generic target marketing lists to invasive
personal investigative inquires, the bureaus cull a pool of
information larger than any in the civilized world. The end
loser is the consumer who values his privacy. The horror stories
keep coming about individuals whose jobs have been lost, insurance
cancelled, reputation ruined by sloppy collection and dissemination
of personal information. This does not include the mass irritation
experienced by consumers forced to wade through the reams of
junk mail. Privacy is a thing of the past---and the blame can
be firmly placed on the credit bureaus.
America is not
the only country in the world whose economy utilizes consumer
credit. Other countries, such as Great Britain, extend credit
based on the individual's present credit standing. a grand-scale
revision of the credit reporting system in the United States
would not throw our economy into chaos and distress. Until that
day, we should feel comfortable that the removal of negative
credit accounts before the seven year mark isn't unpatriotic,
it's not unfair and it's not unethical.
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