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Thread: Pulls and PRMs

  1. #1
    jam237 is offline Senior Member
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    Pulls and PRMs

    I've been trying to figure out the best way to write this post for a while, and have written, and re-written it numerous times in varying lengths, and styles. Finally I decided to attempt to try to keep it simple. :) A monumental task for me, since I tend to be extremely verbose... :)

    The first question we need to ask ourselves is what is a consumer report, and what does the consumer report include.

    For the answers to these questions we need to look at the Definitions contained in the act itself. I've tried to narrow this list down to the definitions specifically relating to this discussion.

    § 603. Definitions; rules of construction [15 U.S.C. § 1681a]

    (a) Definitions and rules of construction set forth in this section are applicable for the purposes of this title.

    (b) The term "person" means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

    (c) The term "consumer" means an individual.

    (d) Consumer report.

    (1) In general. The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for
    (A) credit or insurance to be used primarily for personal, family, or household purposes;
    (B) employment purposes; or
    (C) any other purpose authorized under section 604 [§ 1681b].
    (2) Exclusions. The term "consumer report" does not include
    (A) any
    (i) report containing information solely as to transactions or experiences between the consumer and the person making the report;
    (ii) communication of that information among persons related by common ownership or affiliated by corporate control; or
    (iii) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons;
    (B) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device;
    (C) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 615 [§ 1681m]; or
    (D) a communication described in subsection (o).
    (e) The term "investigative consumer report" means a consumer report or portion thereof in which information on a consumer's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

    (f) The term "consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

    (g) The term "file," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

    (h) The term "employment purposes" when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.

    (l) Firm offer of credit or insurance. The term "firm offer of credit or insurance" means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following:

    (1) The consumer being determined, based on information in the consumer's application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established
    (A) before selection of the consumer for the offer; and
    (B) for the purpose of determining whether to extend credit or insurance pursuant to the offer.
    (2) Verification
    (A) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumer's application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or
    (B) of the information in the consumer's application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.
    (3) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was
    (A) established before selection of the consumer for the offer of credit or insurance; and
    (B) disclosed to the consumer in the offer of credit or insurance.

    (m) Credit or insurance transaction that is not initiated by the consumer. The term "credit or insurance transaction that is not initiated by the consumer" does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of

    (1) reviewing the account or insurance policy; or
    (2) collecting the account.
    (n) State. The term "State" means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.

    (o) Excluded communications. A communication is described in this subsection if it is a communication

    (1) that, but for subsection (d)(2)(D), would be an investigative consumer report;
    (2) that is made to a prospective employer for the purpose of
    (A) procuring an employee for the employer; or
    (B) procuring an opportunity for a natural person to work for the employer;
    (3) that is made by a person who regularly performs such procurement;
    (4) that is not used by any person for any purpose other than a purpose described in subparagraph (A) or (B) of paragraph (2); and
    (5) with respect to which
    (A) the consumer who is the subject of the communication
    (i) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication;
    (ii) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication; and
    (iii) in the case of consent under clause (i) or (ii) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person;
    (B) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation; and
    (C) the person who makes the communication
    (i) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumer's file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought; and
    (ii) notifies the consumer who is the subject of the communication, in writing, of the consumer's right to request the information described in clause (i).

    (p) Consumer reporting agency that compiles and maintains files on consumers on a nationwide basis. The term "consumer reporting agency that compiles and maintains files on consumers on a nationwide basis" means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer's credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide:

    (1) Public record information.
    (2) Credit account information from persons who furnish that information regularly and in the ordinary course of business.
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

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  3. #2
    jam237 is offline Senior Member
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    Pulls and PRMs (Part 2)

    In short, a consumer report is any disclosure of any information which is contained in your file, and is only permissible if allowed under Section 604. Section 603(d)(1)(A)-(B) are actually encompassed in Section 603(d)(1)(C), since those permissible purposes are further detailed in Section 604(a)(3)(A)-(C), Section 603(d)(1)(C) also includes the other permissible purposes under Section 604, including Section 604(c), the promotional, or PRM consumer report.

    This is one of the most important things to remember, no matter how limited the disclosure of information contained in your file with a consumer reporting agency, or how the data being disclosed is stored by the consumer reporting agency, that disclosure is a consumer report, because Section 603(g) specifies that "The term "file," when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored."

    The definition of file is intentionally broadly consuming of all information which the consumer reporting agency has because one of the purposes of the Fair Credit Reporting Act is to protect the privacy rights of all consumers. Section 602(a)(4) states that "There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer's right to privacy."

    § 604. Permissible purposes of consumer reports [15 U.S.C. § 1681b]

    (a) In general. Subject to subsection (c), any consumer reporting agency may furnish a consumer report under the following circumstances and no other:

    (1) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.
    (2) In accordance with the written instructions of the consumer to whom it relates.
    (3) To a person which it has reason to believe
    (A) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or
    (B) intends to use the information for employment purposes; or
    (C) intends to use the information in connection with the underwriting of insurance involving the consumer; or
    (D) intends to use the information in connection with a determination of the consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's financial responsibility or status; or
    (E) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation; or
    (F) otherwise has a legitimate business need for the information
    (i) in connection with a business transaction that is initiated by the consumer; or
    (ii) to review an account to determine whether the consumer continues to meet the terms of the account.
    (4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that
    (A) the consumer report is needed for the purpose of establishing an individual's capacity to make child support payments or determining the appropriate level of such payments;
    (B) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws);
    (C) the person has provided at least 10 days' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested; and
    (D) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.
    (5) To an agency administering a State plan under Section 454 of the Social Security Act (42 U.S.C. § 654) for use to set an initial or modified child support award.
    These are the established permissible purposes for consumer reports, allowed under the Fair Credit Reporting Act.

    Congress did provide for disclosures of limited consumer information by a consumer reporting agency in only one other situation, the promotional, or PRM inquiry, to facilitate making an offer available by a company which the consumer has no relationship with, for that consumers benefit. The Federal Trade Commission in its recently released brief of amicus curiae, submitted in the case of Oneta S. Cole v. U.S. Capital, Inc., Autonation USA Corporation, and Jerry Gleason Chevrolet, Inc., in the United States Court of Appeals for the Seventh Circuit.

    Although the FCRA permits a business to obtain a consumer report if it provides the consumer with a firm offer of credit or insurance, the law is not satisfied if the business provides the consumer with an offer that is merely a sham. When the offer is not genuine, the consumer does not receive any benefit to offset the infringement of privacy that results from the release of the report. The district court failed to appreciate that, if the offer is a sham, then the business may simply be engaged in target marketing, which is not a permissible purpose for obtaining a consumer report. (Part I.A, infra.)
    The district court improperly dismissed Ms. Cole’s challenge to defendants’ offer, which went not just to whether the offer was guaranteed, but to the substance of the offer. On remand, Ms. Cole should be permitted to present evidence showing that the offer was, in fact, illusory. (Part I.B, infra.)
    The firm offer of credit must actually be worth something of value to the consumer to offset the invasion of privacy of their consumer reports, which the promotional, or PRM inquiry creates.

    (c) Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer.

    (1) In general. A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with any credit or insurance transaction that is not initiated by the consumer only if
    (A) the consumer authorizes the agency to provide such report to such person; or
    (B) (i) the transaction consists of a firm offer of credit or insurance;
    (ii) the consumer reporting agency has complied with subsection (e); and
    (iii) there is not in effect an election by the consumer, made in accordance with subsection (e), to have the consumer's name and address excluded from lists of names provided by the agency pursuant to this paragraph.
    (2) Limits on information received under paragraph (1)(B). A person may receive pursuant to paragraph (1)(B) only
    (A) the name and address of a consumer;
    (B) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer; and
    (C) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.
    (3) Information regarding inquiries. Except as provided in section 609(a)(5) [§ 1681g], a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.
    Further, consumers have a right to defend themselves against even these invasions of privacy by choosing to opt-out of promotional disclosures of their credit information.
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

  4. #3
    jam237 is offline Senior Member
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    Pulls and PRMs (Part 3)

    (e) Election of consumer to be excluded from lists.

    (1) In general. A consumer may elect to have the consumer's name and address excluded from any list provided by a consumer reporting agency under subsection (c)(1)(B) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph (2) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.
    (2) Manner of notification. A consumer shall notify a consumer reporting agency under paragraph (1)
    (A) through the notification system maintained by the agency under paragraph (5); or
    (B) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.
    (3) Response of agency after notification through system. Upon receipt of notification of the election of a consumer under paragraph (1) through the notification system maintained by the agency under paragraph (5), a consumer reporting agency shall
    (A) inform the consumer that the election is effective only for the 2-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph (2)(B); and
    (B) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph (5), in the case of a request made at the time the consumer provides notification through the system.
    (4) Effectiveness of election. An election of a consumer under paragraph (1)
    (A) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph (2);
    (B) shall be effective with respect to a consumer reporting agency
    (i) subject to subparagraph (C), during the 2-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph (2)(A); or
    (ii) until the consumer notifies the agency under subparagraph (C), in the case of an election for which a consumer notifies the agency in accordance with paragraph (2)(B);
    (C) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph (5), that the election is no longer effective; and
    (D) shall be effective with respect to each affiliate of the agency.
    (5) Notification system.
    (A) In general. Each consumer reporting agency that, under subsection (c)(1)(B), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall
    (i) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumer's election to have the consumer's name and address excluded from any such list of names and addresses provided by the agency for such a transaction; and
    (ii) publish by not later than 365 days after the date of enactment of the Consumer Credit Reporting Reform Act of 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency
    (I) a notification that information in consumer files maintained by the agency may be used in connection with such transactions; and
    (II) the address and toll-free telephone number for consumers to use to notify the agency of the consumer's election under clause (I).
    (B) Establishment and maintenance as compliance. Establishment and maintenance of a notification system (including a toll-free telephone number) and publication by a consumer reporting agency on the agency's own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.
    (6) Notification system by agencies that operate nationwide. Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph (5) jointly with other such consumer reporting agencies.
    Obtaining a credit report for any other purpose than is allowed under Section 604(a) or Section 604(c) is prohibited by Section 604(f), and any requests for consumer reports must be certified under Section 607.

    (f) Certain use or obtaining of information prohibited. A person shall not use or obtain a consumer report for any purpose unless

    (1) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and
    (2) the purpose is certified in accordance with section 607 [§ 1681e] by a prospective user of the report through a general or specific certification.
    § 607. Compliance procedures [15 U.S.C. § 1681e]

    (a) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the furnishing of consumer reports to the purposes listed under section 604 [§ 1681b] of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 604 [§ 1681b] of this title.
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

  5. #4
    jam237 is offline Senior Member
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    Pulls and PRMs (Part 4)

    If a company requests, or a credit reporting agency provides a report in violation of the Fair Credit Reporting Act, they may be liable for damages to the consumer for said violations. The penalties could include imprisonment in cases where the furnisher or consumer reporting agency knowingly made the disclosures involved without a permissible purposes, or under false pretenses.

    § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n]

    (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

    (1)(A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or
    (B) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater;
    (2) such amount of punitive damages as the court may allow; and
    (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.
    (b) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

    (c) Attorney's fees. Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

    § 617. Civil liability for negligent noncompliance [15 U.S.C. § 1681o]

    (a) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of

    (1) any actual damages sustained by the consumer as a result of the failure;
    (2) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

    (b) Attorney's fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.

    § 619. Obtaining information under false pretenses [15 U.S.C. § 1681q]

    Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.

    § 620. Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r]

    Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

  6. #5
    Butch is offline Senior Member
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    Pulls and PRMs (Part 4)

    Nice work Jam.

    :)

  7. #6
    jam237 is offline Senior Member
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    Pulls and PRMs (Part 4)

    Pretty bad though when 'keep it simple', turns out to be 4 posts in length...

    I've been eatting, drinking, and sleeping Section 604 (and related sections) for a few months... :)
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

  8. #7
    jam237 is offline Senior Member
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    Pulls and PRMs (Part 5)

    What to do if a non-permissible purpose user argues that according to the definition of consumer report, its only a consumer report, if its for a permissible purpose.

    Luckily, there is caselaw to back up the preposterously absurd nature of this argument, but that doesn't prevent a company who thinks that they're on the verge of a lawsuit, and trying to think fast to see if they can side-step the legal cross-hairs with a little fancy double talk.

    St. Paul Guardian Ins. Co. v. Johnson, 884 F.2d 881, 884-85 (5th Cir. 1989)

    To illustrate the untenable nature of St. Paul's construction of the FCRA in this context, suppose X secured Y's credit report for the sole purpose of disclosing it to embarrass Y. Under St. Paul's reasoning, focusing solely on X's "use" of the report, the report would not be a credit report under the FCRA and thus Y would not be afforded FCRA protections. Not only would this run contrary to congressional intent, it would render meaningless (Section 604) which allows for the release of credit reports only for certain purposes.

    Under St. Paul's reasoning, credit reports would be releasable under all circumstances. If used for non-FCRA purposes, a credit report would be releasable because in did not fall within the FCRA definition of a consumer report. If used for FCRA purposes, a credit report would likewise be releasable because it would meet the definition of a consumer report. We simply cannot conclude that Congress intended such an illogical result."
    The puller's intent to use a consumer report for a non-permissible purpose doesn't nullify the fact that a consumer report was obtained, by calling it anything other than a consumer report.

    Otherwise, congress wouldn't have made Section 619, and Section 620 which makes knowingly and willingly obtaining information on a consumer from a consumer reporting agency (or a consumer reporting agency providing information on a consumer for a non-permissible purpose) a criminal offense subject to fines, and prison.

    Note that those sections don't refer to Consumer Report as defined by Section 603(d), but files as defined by Section 603(g), reinforcing Congress' intent that the consumer's right to privacy is guaranteed for all information contained in a consumer's file, and not just what is typically thought of as a consumer report.
    --
    jam
    An educated consumer.

    Daniel Webster: You seem to have an excellent acquaintance with the law, Sir.
    Scratch: Sir, that is no fault of mine. Where I come from, we have always gotten the pick of the Bar.
    The Devil and Daniel Webster, Stephen Vincent Benet

  9. #8
    CAwatchdog is offline Senior Member
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    Pulls and PRMs (Part 5)

    jam, this is a good thread that is just getting NO LOVE whatsoever here, LMAO.

    Is this a consumer report?

    I send a letter to TU and request my file and enclose a $3 check (I am in Minnesota.)

    TU sends me a copy of my file.

    Why was the information collected?

    What was TU's expectation as to how I would use this information?

    Key in on the "eligibility" language...I will post some case law in time here that differentiates "consumer disclosure" from "consumer report."

    I had access to lower court decisions for a period of time and that is where I am pulling from. I dunno if I even have a published case that supports my position that TU has not sent me a "consumer report" (in the hypo above).

    ---------------------

    Little caveat: Section 604 refers to consumer reports and 619 refers to "information." I know that <jam> hit on this above.

    It follows from this that negligent obtainment of "information" (that is NOT a "consumer report") is not actionable.

  10. #9
    CAwatchdog is offline Senior Member
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    Pulls and PRMs (Part 5)

    I have not found any case law yet that states that this is or is not a "consumer report":

    --------------------------------

    A consumer receives his/her ("file" or "consumer report") directly from a CRA.

    --------------------------------

    Experian made an argument in a case that (I think is unpublished):

    ---------------------------------------
    ZOTTA v. NATIONSCREDIT FINANCIAL SERVICES CORP., (E.D.Mo. 2003)


    GREGG ZOTTA, et al., Plaintiff; v. NATIONSCREDIT FINANCIAL SERVICES

    CORP., et al., Defendants

    No. 4:02 CV 1650 DON

    United States District Court, E.D. Missouri

    Experian replies that plaintiff's' "new claim" that they suffered emotional distress ostensibly upon viewing their Experian credit disclosure is barred because FCRA liability is not triggered by an error in a "consumer disclosure." Experian distinguishes a "consumer disclosure" from a "consumer report" and maintains that credit reporting agencies only have liability with respect to consumer reports sent to a third party user of information.
    --------------------------------------

    I would just shift the argument to actual damages for violation of 609(a)(1). I believe that the P brought a 607(b) claim in the above case.

    --------------------------------------------------

  11. #10
    ontrack is offline Senior Member
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    Pulls and PRMs (Part 5)

    So should the CRA be able to send "junk" to the consumer with no consequence? Disclosure to the consumer of the actual report obtained by the user would seem to be the only effective consumer protection.

    Jam, what do you want to achieve, and from who? Is the issue still whether disclosure of PRM opt-out status is a disclosure of a report requiring a PP?

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