Hi All Just wanted to be clear on opting out. Do I order reports and then opt out or do I opt out and then order reports? Sorry if this sounds stupid but I read 2 conflicting threads and am now confused. Thanks Lin
I'm not sure the order matters. Opting out stops creditors from getting your information. It will stop all the preapproved offers as well. It shouldn't have any impact on ordering your reports. Do you have negative information that you're trying to keep someone from seeing?
In general, it is better to opt out FIRST. This will keep any new information,such as the fact that you have ordered credit reports, or any new address info. from being sold to data miners. The primary reason to opt out before starting any credit repair, or before applying for any new credit, (or even before filing BK) is to prevent the "poisoning" of your reports, as well as preventing unwanted offers of sub standard loans.
Have there been cases of reports sold to others based on the consumer pulling their own reports? That would appear to be a direct FCRA violation, since inquiries by the consumer are not supposed to be disclosed to others.
You misunderstand what the CRA's are selling. They sell the data miners an electronic notice that you have pulled your own report, they do not send the report itself. As far as I know, there is nothing in the FCRA that prohibits such data being sold.
To take a litigious position: So even though no user of credit reports would get this consumer inquiry information in a report, and a consumer is required to be given a list of all inquiries, including their own, as part of the information the CRA maintains on them when they request their own file, others can be provided this inquiry information without even pulling a report (or having a permissible purpose to do so), which would disclose their receipt of the consumer's own inquiry information (part of the information maintained by the CRA on the consumer)?
I do not know if the issue of sales to merchandising companies and data miners can be "litigated" as there already is the "opt out" provision in the statutes. It is not likely that a "cause of action" would exist if the consumer chose NOT to exercise his right to take the available opt out provision. There have been cases where the CRA violated an opt out election by "filtering" the data through one of their subsidiaries, as I remember it was Equifax, and they were fined.
Then there was Transunion that wanted to sell information, and not call it a credit report. The credit reporting agencies represent to consumers, on the reports provided to consumers, that AR inquiries, and inquiries by the consumers themselves, "are not disclosed to others". Would this be misrepresentation if they nonetheless disclosed that a consumer had inquired about his own report, to others?
If full credit report info require a "permissible purpose", if the only reason for limited disclosure of credit header information is "promotional", associated with a firm offer of credit, and "opt-out" removes this, then under what permissible purpose is more general data mining allowed? How do you "un-taint" information that is part of consumer credit files? Trans-Union was claiming a right to do just that, in their sale of marketting information extracted from their "other" information. A purchaser of credit information may already have "permissible purpose", but if they so certified, would not the CRA have to log that transfer of information as an "inquiry"? Even "header" information is part of FCRA covered credit information. Even the legitimacy of skip tracing information is becoming a hotter issue, both with the ChoicePoint debacle, and the following: http://www.msnbc.msn.com/id/7954620/ Sooner or later, someone will push every information system to its breaking point. Why? Because they can. http://www.msnbc.msn.com/id/7914159/
Thanks for the replies. Sorry I haven't been on for a while. The reason for my questions is I haven't had any activity on my reports for over 5 years and due to some of the large CO's I didn't want to shake up anything that would cause re-ageing possibilities. I no longer have any records of the CO's and wanted to get a copy of my CR in case of re-ageing in the future as all are beyound the SOL. Should I just wait out the 7 yr mark?
Opt Out question To "OPT OUT" what do I do? Just write experian, equifax, Transunion & Innovis requesting to opt out? This is what you are taling about? I just started the process of credit repair. What do you mean by "poisoning" of my report if I do not.