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Credit "Repair" Company Agrees to Settle FTC Charges

Agency handcuffs company for making deceptive claims

December 24, 2008

The agency filed the charges in July as part of "Operation Clean Sweep," a crackdown on credit repair operations.

The proposed settlement bars Payneless Credit Repair, LLC, and its owner, Lesley L. Payne, both located in Richardson, Texas, from making deceptive claims when marketing any product or service, including credit repair services.

It also prohibits them from violating the Credit Repair Organizations Act and specifically prohibits the defendants from:

• Claiming that a credit repair organization can permanently remove negative information from consumers' credit reports, even when the information is accurate and not obsolete;

• Requiring advance payment for credit repair services;

• Failing to provide a written statement of "Consumer Credit File Rights Under State and Federal Law" before any agreement is signed;

• Failing to include in their contract conspicuous statements about the consumer's right to cancel without penalty or obligation within three business days; and

• Failing to provide a written "Notice of Cancellation" for consumers to use when exercising their cancellation rights.

In addition, the settlement bars the defendants from collecting money from consumers who purchased services before July 10, 2008, and from disclosing or benefiting from customers' personally identifiable or financial information.

They also are prohibited from violating the Fair Credit Practices Act and the FTC's Disposal Rule by failing to take reasonable measures to protect consumers' personally identifiable information during its disposal.

The settlement imposes a judgment for consumer redress of $210,000, which is suspended due to the defendants' inability to pay.

The FTC advises that only time, effort, and a personal debt repayment plan can improve your credit report. The first step is to learn what information is in your credit report. If you find errors or mistakes, federal law gives you the right to have them corrected — free of charge.

Federal law requires that the nationwide consumer reporting companies — Equifax, Experian, and TransUnion — provide you with a free copy of your credit report once every 12 months, if you ask for it.

To order your free report, visit annualcreditreport.com, or call 1-877-322-8228.

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