SMARTCHOICE CREDIT, LLC.
9258 Culebra Rd #135,
San Antonio, TX 78251
The following pages contain:
Credit Repair Service Agreement
Authorization for Credit Repair Action
Consumer Credit File Rights (CROA Disclosure)
Right Of Cancellation Notice
State-Specific Disclosures (add if applicable)
I, hereby enter into the following agreement with SMARTCHOICE CREDIT, LLC..
Prior to any payment being made to SMARTCHOICE CREDIT, LLC., an initial credit audit was performed that included analysis and consultation of your credit report, credit score recommendations appropriate for your needs, gather information, documentation and provided needed instructions from you regarding your file for the preparation of the dispute process
Upon enrollment SMARTCHOICE CREDIT, LLC. will verify the accuracy of your information, prepare correspondence for all three (3) credit reporting agencies to challenge and attempt to remove inaccurate, incomplete, misrepresented, unverified erroneous and/or out of date information pursuant to the Fair Credit Reporting Act; analyze credit bureaus reponses and findings; prepare correspondence to respond to credit bureau findings; inform you of updates in your account, and take all other necessary steps to ensure the best possible results.
For (1) One calendar year SMARTCHOICE CREDIT, LLC. will systematically collect and review updated information from the credit reporting agencies, prepare and mail dispute letters to the credit bureaus, and provide a status update. All letters are sent on your behalf and in your name. Upon request, SMARTCHOICE CREDIT, LLC. will also create a strategy/audit plan to assist client(s) in there financial goals.
To review credit profile from the credit reporting agencies such as Experian, Equifax, Transunion. Consulting, coaching, and education services are conducted by personal meetings, webinars, video conferencing, text, email, voicemail and any other form of communication within normal business hours.
It is against State and Federal Law to guarantee a credit score improvement and SMARTCHOICE CREDIT, LLC. makes no assertion, promise or guarantee that it can improve a consumer’s score. You are not paying SMARTCHOICE CREDIT, LLC. to guarantee a certain result on your credit report; you are paying for its efforts on your behalf.
SMARTCHOICE CREDIT, LLC. is not a debt settlement company and therefore; does not negotiate settlements with creditors or debt collectors on clients behalf.
SMARTCHOICE CREDIT, LLC. is not a law firm. Therefore; SMARTCHOICE CREDIT, LLC. cannot provide legal advice to consumers No attorney-client relationship exists between SMARTCHOICE CREDIT, LLC. and its consumers. Consumers will be advised to seek counsel of their choosing, should action need be required.
You must have provided us with all necessary documentation (Proof Of ID, Proof Of Residency, Signed Consumer Agreement).
Total Enrollment payments must be current and up to date without any returned or failed payments.
If the client is seeking to cancel they must provide SMARTCHOICE CREDIT, LLC. a copy of all received credit reports and provide proof of no improvement to credit reports in 90 days. Non-improvements are not restricted to credit scores.
Our process is to dispute the timelines, accuracy, and validity of the credit profile per the FCRA in a timely fashion. The removal of any negative, inaccurate and/or unverifiable information is considered an improvement.
Please note Credit Karma and/or other 3rd Party marketing credit profiles may deem an unapproved method of showing non-improvement of credit scores based on credit scores. Failure to do so may result in termination of the 90 Day Guarantee.
You understand and agree that if you apply for a loan or enter into other credit transactions, a credit inquiry may be placed on your credit and without notification to SMARTCHOICE CREDIT, LLC. in writing would lead to a termination of the 90 Day Guarantee.
SMARTCHOICE CREDIT, LLC. hereby agrees to perform the following:
To evaluate Customer's current credit reports as listed with applicable credit reporting agencies and to identify inaccurate, erroneous, false, or obsolete information. To advise Customer as to the necessary steps to be taken on the part of Customer in conjunction with Our Company, to dispute any inaccurate, erroneous, false or obsolete information contained in the customer's credit reports.
To prepare all necessary correspondence in dispute of inaccurate, erroneous, false, or obsolete information in customer's credit reports.
To review credit profile status from the credit reporting agencies such as Experian, Equifax, and Transunion. Consulting, coaching, and monitoring services are conducted by personal meetings, webinars, video conferencing, telephone, email, or by any other form of communication during normal business hours.
In exchange, I, agree to pay the following fees as outlined in the following fee schedule:
$29 at signup for processing credit audit analysis
$99 at the start of each new month of service, the new month of service starts five days after you are charged with the first work fee to signup and start your enrollment process
SMARTCHOICE CREDIT, LLC. reserves the right to utilize any and all collection methods, including using third party debt collectors, as well as sending delinquent information to the various credit reporting agencies, should the above described payments not be made in a fully complied with all provisions of this agreement.
Program Includes the Following:
Comprehensive Credit Review by phone or in person
Unlimited credit items disputed per round
Unlimited Full Cycle of Bureau Disputes for One (1) calendar year
Unlimited Full Cycle of Creditor Disputes for One (1) calendar year
Free 24/7 Secure Online Portal Access from Smartphone, Tablet, or Computer
Free Coaching, Consulting, Monitoring Services for the duration of the program
Assistance with Lines Of Credit Acquisition
Assistance with Credit Card Acquisition
Assistance with Non-Traditional Tradelines Acquisition
Our FCRA Dispute Process:
Pursuant to the FCRA §611(a). We dispute the entries on a personal credit report and will expect them to complete the Investigation within (30) thirty days and send the updated report to the address provided.
If these inaccurate items are not verified within thirty (30) days, we demand that they immediately get deleted from the credit report or we may need to file a complaint with the Federal Trade Commission and pursue all other actions or legal remedies against credit bureaus or furnisher of the information under the FCRA based on the Inaccurate and erroneous information reported.
If they claim that late payment(s) are verified, we demand strict proof of every alleged late payment. Additionally, we ask them to refrain from any contact other than mailing updated reports. We ask that they send the updated reports after thirty (30) days investigation is completed and the items have been deleted. If they allege the information is verifiable, then we have them consider this formal request to include the name of the contact person with the creditor, phone number, address, date of verification and a description of the procedure used to determine the accuracy and completeness of the information per FCRA §611 (6) (B)’(iii). If they cannot provide this information, then we ask them to remove the item immediately.
Client Obligations In consideration of SMARTCHOICE CREDIT, LLC. services, I, agree to the following.
Credit Bureaus: Upon execution of this Agreement, SMARTCHOICE CREDIT, LLC. will pull your credit report from the three (3) credit bureaus and inform you of your credit information. You agree to forward all correspondence from the three (3) credit bureaus to SMARTCHOICE CREDIT, LLC.
Cooperation: You agree to cooperate with SMARTCHOICE CREDIT, LLC. in the review of your credit history and the identification of inaccurate or questionable items on your credit report.
You understand that you cannot dispute your own credit information yourself with the credit bureaus without written consent and approval from SMARTCHOICE CREDIT, LLC., It would automatically terminate services and VOID The 90 Day Guarantee.
Permission to Withdraw Specified Fees: You agree to grant SMARTCHOICE CREDIT, LLC. to withdraw the specified associated program fees, when due, from your bank account.
Forward Correspondence: You agree to provide legible copies of all pages of all correspondence you receive from creditors, credit bureaus, collection agencies and debt collectors, during the span of this agreement. You must forward SMARTCHOICE CREDIT, LLC. all received mail from creditors or debt collectors in question to us within 5 days of recieving it or 15 days from the credit report date. Failure to do so would VOID The 90 Day Guarantee.
Changes in Information: You agree to promptly notify SMARTCHOICE CREDIT, LLC. of any changes in name, address, or any contact information during the entire span of this agreement.
Current Payment of Creditors: You agree to continue to pay all creditors on time in connection with your payment agreements with those creditors. Removal of items from your credit reports does not exempt you from payment of debt. You still owe the creditor after the item has been deleted and there is still a legal liability.
Applying for a loan and Other Transactions: You understand and agree that if you apply for a loan, enter into other certain transactions, a credit inquiry may be placed on your credit which could cause severe delay in SMARTCHOICE CREDIT, LLC.’s services, and could lead to termination of this agreement. If it is necessary for you to apply for a loan or enter into a transaction which may a credit inquiry may occur, you must contact us to inform us of your actions. Once informed and confirmed with us, you may proceed with plans loans, and/or transactions.
If SMARTCHOICE CREDIT, LLC. is not able to get in contact with the client for a duration of over 45 days, services will be in Frozen status. Over 75 days, services will be Suspended status while no services are rendered. Over 90 days, services will be in Inactive status and file will be cancelled.
Failure to comply with our recommendations that cause your credit score to decrease such as obtaining a secured credit card, unsecured credit card, or new account that will build credit history will cause a breach in your 90 Day Guarantee agreement.
Failure to Comply: Failure to comply with any of the above-stated Client Obligations provision may cause serious delays in your service and/or automatic termination of this agreement.
Specific Guarantees Of Improvement
SMARTCHOICE CREDIT, LLC. cannot guarantee any specific outcome for services provided, SMARTCHOICE CREDIT, LLC. cannot guarantee that disputed items will be corrected or removed, and you are not paying for a specific credit report results, you are paying for dispute efforts to be made on your behalf. The reporting agencies and/or the creditor/lender may or may not decide to remove these items from your credit report regardless of the efforts made by SMARTCHOICE CREDIT, LLC. Failure to comply with this provision may cause serious delays in service and/or termination of this agreement.
I, hereafter known as "client" hereby authorize, SMARTCHOICE CREDIT, LLC., 9258 Culebra Rd #135, San Antonio, TX 78251, to make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications, correspondence, contracts, or agreements, as necessary to improve my credit. Such instruments in writing of whatever and nature shall only be effective for any or all of the three credit reporting agencies which are TransUnion, Experian, Equifax, and any other reporting agencies or creditor’s listed, as may be necessary or proper in the exercise of the rights and powers herein granted.
This authorization may be revoked by the undersigned at any time by giving written notice to the party authorized herein. Any activity made prior to revocation in reliance upon this authorization shall not constitute a breach of rights of the client. If not earlier revoked, this authorization will automatically expire twelve months from the date of signature.
The party named above to receive the information is not authorized to make any further release or disclosure of the information received. This authorization does not authorize the release or disclosure of any information except as provided herein.
I grant to SMARTCHOICE CREDIT, LLC., 9258 Culebra Rd #135, San Antonio, TX 78251, authority to do, take, and perform, all acts and things whatsoever requisite, proper, or necessary to be done, in the exercise of repairing my credit with the three credit reporting agencies, which are TransUnion, Experian, Equifax and any other reporting agencies or creditor’s listed, as fully for all intents and purposes as I might or could do if personally present.
I hereby release SMARTCHOICE CREDIT, LLC., 9258 Culebra Rd #135, San Antonio, TX 78251, from all and all matters of actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, for or by reason of any matter, cause, or thing whatsoever as based on the circumstances of this contract.
I, hereby agree unless specifically requested otherwise, that by entering into transactions with SMARTCHOICE CREDIT, LLC., I, affirm consent to receive, in an electronic format, all information, copies of agreements and correspondence from SMARTCHOICE CREDIT, LLC. and to also send information in an electronic format unless previously agreed upon in writing with SMARTCHOICE CREDIT, LLC.. I, hereby consent and agree that SMARTCHOICE CREDIT, LLC. may provide all disclosures, periodic statements, notices, receipts, modifications, amendments, and all other evidence of transactions electronically.
All electronic communications will be deemed to be valid and authentic, and I intend and agree that those electronic communications will be given the same legal effect as written and signed paper communications. I have a right to receive a paper copy of any of these electronic records if applicable law specifically requires us to provide such documentation. My consent may be withdrawn at any time upon SMARTCHOICE CREDIT, LLC.’s receipt of such withdrawal.
Withdrawal of consent will slow the speed at which we can complete certain steps in transactions with you and delivering services to you. To inform us that you either withdraw your consent to receive future notices and disclosures in electronic format, would like to receive paper copies, or to update your information you may: send an e-mail to: email@example.com, call us at: 1-888-417-1040 or send a letter to the following address:
9258 Culebra Rd #135, San Antonio, TX 78251.
In the event of any controversy, claim or dispute between the parties arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, consionability or validity thereof, including any determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Bexar County, State of Texas, in accordance with the Laws of the State of Texas for agreements to be made in and to be performed in Texas.
The parties agree that the arbitration shall be administered by the American Arbitration Association ("AAA") pursuant to its rules and procedures and an arbitrator shall be selected by the AAA. The arbitrator shall be neutral and independent and shall comply with the AAA code of ethics. The award rendered by the arbitrator shall be final and shall not be subject to vacation or modification.
Judgment on the award made by the arbitrator may be entered in any court having jurisdiction over the parties. If either party fails to comply with the arbitrator's award, the injured party may petition the circuit court for enforcement. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.
The parties shall share the cost of the arbitration (not including attorneys’ fees) equally. If the consumer's share of the cost is greater than $2,000.00 (Two-thousand dollars), the company will pay the consumers share of costs (not fees) in excess of that amount. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.
Binding Arbitration means that both parties give up the right to a trial by a jury. It also means that both parties give up the right to appeal from the arbitrator’s ruling except for a narrow range of issues that can or may be appealed. It also means that discovery may be severely limited by the arbitrator. This section and the arbitration requirement shall survive any termination.
You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly. However, neither you nor a credit repair company or credit repair organization has the right to have accurate, current and verifiable information removed from your credit report. The credit bureau must remove accurate, negative information from your report only if it is over 7 years old. Bankruptcy information can be reported up to 10 years.
You have a right to obtain a copy of your credit report from a credit bureau. You may be charged a reasonable fee. There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days. The credit bureau must provide someone to help you interpret the information in your credit file. You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.
You have a right to sue a credit repair organization that violated the Credit Repair Organization Act. This law prohibits deceptive practices by credit repair organizations.
You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.
Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate. However, mistakes may occur.
You may, on your own, notify a credit bureau in writing that you dispute that accuracy of the information in your credit file. The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information. The credit bureau may not charge any fee for this service. Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.
If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau to be kept in your file, explaining why you think the record is inaccurate. The credit bureau must include a summary of your statement about disputed information with any report it issues about you.
The Federal Trade Commission regulates credit bureaus and credit repair organizations. For more information contact: The Public Reference Branch Federal Trade Commission Washington, D.C. 20580.
Our goal at SMARTCHOICE CREDIT, LLC. is to provide exceptional service to our clients. While every effort is taken to ensure we treat our clients in a fair, courteous, and honest manner, we may occasionally make a mistake. We believe that our clients have the right to complain and the right to have their complaints addressed. We also believe that a successful organization must be willing to evolve in an effort to meet the needs of its clients. Therefore, we have established a complaint process for clients who are unsatisfied with the service or treatment they receive.
How to Complain
In the event you are unsatisfied with our service, please initially direct your comment or complaint with the employee or team responsible. If the individual employee cannot resolve the matter, we will engage the relevant manager or Director to try and resolve matters.
We always attempt to resolve your concerns at the first point of contact.
However, if you are not satisfied with the resolution, you may then notify our Compliance Officer in writing at firstname.lastname@example.org
SMARTCHOICE CREDIT, LLC.
ATTN: Compliance Officer
9258 Culebra Rd #135, San Antonio, TX 78251
Please include the following in your written correspondence:
A clear description of the complaint and any suggestions you may have that would resolve your grievance. Details of any relevant information relating to any contacts you may previously have had with SMARTCHOICE CREDIT, LLC. on this subject. Whether it is an original complaint or a follow-up to a reply you were not satisfied with. Your complete contact information (including full postal address, telephone number, and email address) and your date of birth (for verification purposes).
What to Expect
We strive to resolve all complaints as quickly and efficiently as possible. You can expect to receive a response from us within 10 business days after submitting your complaint. If your case is particularly complex and cannot be resolved within 10 days, we will provide you with an estimated time in which you should expect to receive a response.
"You may cancel this contract, without any penalty or obligation, at any time before midnight of the 3rd day which begins after the date the contract is signed by you.
"To cancel this contract, mail or deliver a signed, dated copy of this cancellation notice, or any other written notice to SMARTCHOICE CREDIT, LLC., 9258 Culebra Rd #135, San Antonio, TX 78251, before midnight on the 3rd day which begins after the date you have signed this contract stating ''I hereby cancel this transaction, (date) (purchaser’s signature).’’
Please acknowledge your receipt of this notice by electronically signing the form indicated below.
I, hereby acknowledge with my digital signature, receipt of the Notice of Right to Cancel. I confirm the fact that I agree and understand what I am signing, and acknowledge that I have received a copy of my Consumer Credit File Rights.
*Digital Signatures: In 2000, the U.S. Electronic Signatures in Global and National Commerce (ESIGN) Act established electronic records and signatures as legally binding, having the same legal effects as traditional paper documents and handwritten signatures. Read more at the FTC web site: http://www.ftc.gov/os/2001/06/esign7.html