Before starting, I can't use the formatting Icons in my browser. Any suggestions on how to fix this? Thanks. Now my issue. What is a Credit Bureau? When is it permissable to use "Credit Bureau" it in the company name? In doing so, is it a FDCPA violation? "Credit Bureau" Associates does merchant collections and resells credit reports. They don't seem to fit the definition of a CRA/Credit Bureau as defined by the FCRA and opined on by the below mentioned FTC letter. I did some digging and came up with the following: 1. FTC Opinion Letter - Dankowski (03-06-00) - Section 807(16) [1692e(16)] Impersonating a credit bureau Quote I am responding to your request for an opinion regarding whether your client, a collection agency, would violate the Fair Debt Collection Practices Act ("FDCPA") if it uses the words "Creditor's Bureau" in its name when communicating with consumers. As you point out, section 807(16) of the FDCPA, 15 U.S.C. § 1692e(16), prohibits "debt collectors," such as your client, from falsely representing or implying that they operate or are employed by a "consumer reporting agency," as that term is defined by section 603(f) of the Fair Credit Reporting Act, 15 U.S.C. § 1681a(f). blankbig.gif (869 bytes)If a debt collector is also a "consumer reporting agency," the FDCPA does not prohibit the debt collector from using a company name such as "Credit Bureau of ____" to indicate that it is a consumer reporting agency. Based on your letter, however, it does not appear that your client's business has a consumer reporting agency component. Thus, the issue is whether your client's use of the proposed company name, "Creditor's Bureau of Missoula," when contacting consumers(1) would be a false representation or implication that the company is, at least in part, a consumer reporting agency. In the Staff Commentary on the FDCPA, Commission staff stated that "only a bona fide consumer reporting agency may use names such as "Credit Bureau," "Credit Bureau Collection Agency," "General Credit Control," "Credit Bureau Rating, Inc.," or "National Debtors Rating." 53 Fed. Reg. 50097, 50107 (Dec. 13, 1998).(2) All five of these company names imply that the company is in the business of reporting credit information to consumers' prospective creditors. I believe that your client would violate section 807(16) if it used any of these five company names when contacting consumers. Quote FCRA 603(f) states: Quote (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. Quote Does anyone have an opinion on this? TIA A
