What you need to know about the ChexSystem aboutmycredit.com/chexsystem.htm
Leave your bank account overdrawn, get
too many overdrafts, have a deposit bounce and not make it up, your bank may
close your account with cause, meaning you just crossed over from valued
customer to liability. From there, it gets worse. If your bank or credit union
belongs to the Chexsystem network, as roughly 80% of the nation's financial
institutions do, a record of that account closure will be promptly entered into
the Chexsystem database, where it will remain for five years, warning banks,
lenders and even potential employers that you could be a credit risk. You may
never hear the name Chexsystem until you try to open a checking account
elsewhere and are turned down. Again. And again. And again. At which point this
altogether unassuming consumer-reporting company can seem like the Devil
incarnate, out to ruin your credit rating, your reputation, even your life.
It can haunt you for years, says Steve Rhode, founder of Myvesta, formerly
called Debt Counselors of America. On the one hand, it does serve a very good,
legitimate service in that it's supposed to be a recordkeeping system of exactly
how responsible you are with bank transactions. On the other hand, you can find
yourself on the database and when you go to the grocery store they won't honor
your check. How can you save yourself from five years in financial purgatory?
There's now a way, even if you ended up in Chexsystem by your own hand. But
first, let's meet Chexsystem. After all, better the devil you know than the
devil you don't. Few financial topics (with the exception of ATM surcharges)
have raised the public ire to the degree that Chexsystem has in recent years.
Opponents to Chexsystem tend to fall into two camps: those who ended up on the
database legitimately but feel their five-year sentence is too stiff, and those
who erroneously found their way onto the Chexsystem list and had a whale of a
time getting off of it. Lisa Nelson, chief privacy officer for parent company
Efunds, fields most of the media heat. In January 2001, Deluxe Corp., a major
check printer, spun off Efunds, its transaction-oriented business that includes
Chexsystem, the SCAN check verification network and DebitBureau, which combines
bank-fed and merchant-fed databases into an extensive risk-management system.
Nelson says that, as a consumer-reporting agency, Chexsystem compiles the facts
on closed-for-cause accounts from some 90,000 bank and credit union locations
nationwide and makes this data available to its members. Chexsystem is regulated
by the Fair Credit Reporting Act
http://www.ftc.gov/os/statutes/fcrajump.htm in much the same manner as
credit bureaus. Banks rely on Chexsystem primarily to help them screen
applicants for new accounts, especially checking accounts. Checking accounts
don't generate much money for banks; many institutions offer them free in hopes
of enticing you to invest in more lucrative products. But issued
indiscriminately, checking accounts can expose the bank to considerable fraud
and eat into profitability. According to a September 2000 report by Tower Group,
financial institutions were hit for an estimated $1.3 billion in check fraud in
1998. Merchants lost an estimated $13 billion to bad checks that same year.
Since past account problems are considered a key predictor of potential risk,
many (though not all) member banks will deny an account based on a Chexsystem
report. In these scenarios, the customer frequently considers Chexsystem the bad
guy even though it has nothing to do with any decision a financial institution
might make based on information in its database.
The data that is stored within Chexsystem is factual, accurate data; it's what
happened. Now, how the bank uses that information is completely at their
discretion, says Nelson. Just because there is an account closure on file in
Chexsystem is not an automatic decline at every bank. Each financial institution
sets its own parameters. So why is everybody yelling at Chexsystem? Two reasons:
It seems egregious that a few overdrafts theoretically could land you on a
blacklist for five years, and once on that list, it can be nearly impossible to
get off of it. Here again, both problems reside primarily with the banks, not
Chexsystem. The bank decided to close your account based on its own policies and
procedures, not Chexsystem'. It and other banks are perfectly free to give you a
second chance. And although Chexsystem asks its members to remove inaccurate
entries and note when an outstanding debt has been paid, banks are under no
obligation to show you this small kindness. Blaming Chexsystem for preventing
you from obtaining a checking account is a bit like blaming the TV weatherman
for the weather; they just report it, and are rightly focused on maintaining the
integrity of the information.
The (banking) industry has responded to some degree by placing filters on the
data they draw out, says Nelson. For example, I may be an institution that
doesn't want to see any closure files that were less than $100. Our approach has
been not to impact the data itself; if you want to make that change in how you
use that data, that is every bank and credit union's prerogative. We are only
removing inaccurate reports.
If you happened upon
its list by error, Chexsystem will help you square things with your bank and
remove you from the database. Contact Chexsystem through its customer service
Web site http://www.chexhelp.com where
most can order a consumer report for an $8 fee (Connecticut residents pay $5;
Maine residents $3; Colorado, Georgia, Maryland, Massachusetts, New Jersey and
Vermont receive free reports). Those who wound up on Chexsystem' database
legitimately once had limited options. The company allows you to insert an
explanatory note to explain extenuating circumstances, but it won't delete or
alter a factual listing unless instructed to do so by the closing bank.
Otherwise, you could hunt for a non-Chexsystem bank, try your luck with an
online bank or have friends or relatives cash your checks for you -- meager
options indeed.
But times have changed in the banking industry. Today, banks compete for your
business. They don't want to turn you down, but neither do they want to entrust
a low-margin product to a high-risk consumer. To help its member financial
institutions resolve this dilemma, and to take a little heat off themselves,
Chexsystem recently joined with consumer advocates, credit counselors and a
University of Wisconsin pilot program to develop a service called About
Checking. The goal: Give those on its blacklist an opportunity for early parole
from purgatory by enabling them to earn back their checking account. If a
consumer is on our closure database, they can go to a class, and if they
successfully complete that class and pay off all outstanding debts to the
financial institution where the account was originally closed, then they are
able, through the participating bank or credit union, to open up a new account
and basically have a second chance, says Nelson. The national program has rolled
out in 15 states so far. It will be some relief to Chexsystem when it can offer
an alternative to its five-year mandatory sentence for folks who just plain made
a mistake. Myvesta's Rhode thinks it's a good move.
Credit reports originally began with somebody who would actually go and
interview your employer and your neighbors and not only talk about your ability
to borrow and repay, but also your character, he says. That was all kind of
phased out, we took the whole character thing out of it. Now we're putting it
right back in. According to Rhode, some of the 15% to 20% of the population that
routinely mangles checkbooks actually need the kind of wake-up call that
Chexsystem delivers. As funny as it sounds, it actually is more of an advantage
to you to have that happen because you may never look at your credit report, he
says. Most people are unaware that a negative credit report or low credit score
actually increases your cost and access to things like car insurance. The
insurance companies use your credit report as an indicator of insurability.
Nelson hopes About Checking can turn Chexsystem from a devil to an angel. There
is a whole bunch of people who just have never had a fundamental understanding
of even how the banking system works, she says. We're taking that opportunity
very seriously. I think we can make an impact in the consumer population in
terms of managing their debit account because the better job we can do in terms
of educating consumers, the better we're serving our customers. And it's a good
thing to do.
For a list of banks that do not use the
ChexSystem,
http://badcreditinfo.com/chexsystem.htm , has low cost and free solutions
for chexsystem issues.