If a Collection Agency refers to itself as a Credit Reporting Facility in collection letters but does not actually provide reports to consumers, does this violate the FDCPA §807 (16)..."A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act". The FDCPA doesn't have a 603(f), so I assume it's refering to the FCRA §603(f)..."(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.". A link on their site for credit reports directs consumers to links of the big 3. I'm guessing they only provide our reports to their clients. However, does this make them a Credit Reporting Facility? Section 603(f) of the FCRA does not say anything about the reports must be provided to consumers...just "third parties". Any opinions?
Hey Sloy, I do believe that a "reseller" who in turn sells to another CRA is exempt. I'll look it up tomorrow. .
