I found my name, address, and FICO score published on the internet, is this legal?

[Anonymous]

I am hoping someone can answer my question.

I was doing some research, and found that my name, address, FICO score (and mortgage amount, debt ratio's) are published to a public website.

Is this legal?

[haulingthescoreup]

Wow, which website, and can you tell who listed it?

[Anonymous]

It was posted to the SEC site (edgars), and can be found republished elsewhere.

Is this legal?

If not, is there an automatic civil fine?

If not a civil fine, is there a fine paid to the FTC or some other agency?

BTW - This is not a FICO issue at all.  The fact that it's a FICO score does not mean I think Fair Isaac is responsible at all.

The folks who posted the data are the issue.

I just would like to know what law, if any, this violates.

Thank you!

[haulingthescoreup]

* bump *

One thing that sometimes scares the wits out of members here on the forums is that when they click on their own screenname, all their info displays, and they think that everyone can see it. But it's just because it's on their own log-in.

Is it possible that there is some cookie on this SEC site that logs you in, and you're seeing your personal info? Do you have any friend or family member who can log into that webpage from a different computer (in case there is a cookie on yours), and see if the info is visible to them as well?

And this exhausts my fund of semi-understanding of such things.

[RobertEG]

If you posted that information in any forum or site that was public domain, then you probably, voluntarily, under the law, relinquished privacy rrights.

If, however, you posted this information to a site that had promised security of the information, then you might have legal action if you can show that they violated promised security.  It all depends on when and how you posted this information, and the legal obligation of the party to whom you provided the information to retain its confidentiality. 

Fines are only imposed by the court, or if a vioaltion fo some section of law for which a federal regulatory agency, such as the FTC, has authority to impose, in fact makes a ruling of violation.  There is nothing automatic about an asserted violation.  It must be asserted and proven in a court or admin action.  You probably need a lawyer.

[Anonymous]

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@Anonymous wrote:

It was posted to the SEC site (edgars), and can be found republished elsewhere.

Is this legal?

If not, is there an automatic civil fine?

If not a civil fine, is there a fine paid to the FTC or some other agency?

BTW - This is not a FICO issue at all.  The fact that it's a FICO score does not mean I think Fair Isaac is responsible at all.

The folks who posted the data are the issue.

I just would like to know what law, if any, this violates.

Thank you!

---

SEC as in Securities and Exchange Commission?

A lot depends on the website where the information was originally published and how / why it was published in the first place.  As for the additional sites to which the information has propagated, what is the purpose for their reposting the data and what type of websites are they?

Without an in-depth understanding, it is impossible to identify what, if any, legal remedy you may have.  In any event, from a legal perspective, one publishing material to a public forum or website does not in and of itself relinquish one's rights to privacy.

You may have legal options available to you and there may also be administrative / self-help methods available to you, but only after understanding the full picture could they be determined. 

[Anonymous]

Thanks to all who have read and replied.  Some clarifying might help.

* I did not post this data anywhere.  This was posted by a bank.

* The file is a loan pool list for a real-estate mortgage backed security.

(think of a 10K filing)

* The file is part of the prospectus filed for a specific RMBS

* The data comes from my application at the time of the loan

* It is part of the searchable database, you just have to know what to look for to get through the 1000's of documents returned in the search

* The sites that republish are non government sites that aggregate SEC filings

Sounds like it could be a violation of the law.  I was hoping someone out there might be able to say it's a violation of FCRA section 6xx.

Anyone know the FCRA well enough to say?

Thanks again

[Anonymous]

I don't have an opinion as to the legality of this, however, I do know that your name, address and mortgage amount is not protected...it's public information.  These items are available at the assessor's office or town/city clerk's office where you live.  Anyone can access that info just by searching the records.

If your loan documents specifically prohibit a resale of the loan, you may have a case.  But if they don't, then it is reasonable to expect that the bank issuing your mortgage loan would make available to potential buyers the details as to the strength of that loan, including your FICO score and debt ratios at the time the loan was written.  Pooling your loan with others, then selling that security, would necessarily involve publication.

Don't really know, though.  Just guessing here.

[Anonymous]

+1billion (except for the FICO score part...)

[Anonymous]

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@Anonymous wrote:

I don't have an opinion as to the legality of this, however, I do know that your name, address and mortgage amount is not protected...it's public information.  These items are available at the assessor's office or town/city clerk's office where you live.  Anyone can access that info just by searching the records.

If your loan documents specifically prohibit a resale of the loan, you may have a case.  But if they don't, then it is reasonable to expect that the bank issuing your mortgage loan would make available to potential buyers the details as to the strength of that loan, including your FICO score and debt ratios at the time the loan was written.  Pooling your loan with others, then selling that security, would necessarily involve publication.

Don't really know, though.  Just guessing here.

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I must agree.

The only question in my mind is if one's FICO score is a sensitive piece of information.  My opinion -- and I may be wrong -- is that it is.  Can this data cause you to suffer harm?  I do not think it can enable anybody to commit ID theft, but let's say your FICO is 830.  Should your neighbors know this or your employer that should not cause you harm.  If it is 620, while still not bad, it may let others know that you have some baddies on your credit and cause them to think less of you. 

I would look at one or more of several ways to have the data removed:

1.  Contact the original furnisher of the information with an ITS over public release of personally identifying sensitive financial data;

2.  Contact each website where the data is re-published and tell them to Cease & Desist from publishing your FICO score;

3.  Write the SEC and your Congresscritters about the SEC publishing this data;

4.  Have an attorney contact these individuals.

I do think, however, that depending on just how many websites have mirrored this data that you may be looking at a very long and extensive battle.