Today I got a denial letter in the mail.
The cellophane envelope was wide enough, that it showed the following "Your Credit Score is:XXX".
Isn't that technically a violation of the FCRA?
Robert will be best served to answer this question.
I'd say it's probably not illegal, as credit scores are presented in many mailings. Now, having them be visible without opening the envelope I'm sure is a no-no.
"FCRA 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."
So what that basically means to me is what I stated above. They can provide your score to you, assuming it's addressed to the correct party, but it shouldn't be visible without opening the envelope as other parties could see it.
I would think it would be difficult to prove that they knowingly and willfully had the score visible for others to see.
I would send the CRA notice advising that their mailing provided ability of others to view your information.
That establishes basis for later assertion of willful noncompliance.
If they then repeat the disclosure by not correcting the problem, you might have basis for asserting willful disclosure.
I would not, however, bring action based on a single event with no evidence or willful disclosure to others.
And i'm assuming you already opened it?
If you really wanted to go after them, you could take a picture BEFORE opening it and go from there...not worth the time and headaches IMO.
If you are still concerned that the mistake may be more than simple error or may be repeated, you can always file a formal complaint with the CFPB, and let them inquire as to the circumstances of the error.
The CRA is more likely to take corrective action based a query from the CFPB than a complaint from the consumer.
The CFPB always has the authority, if they feel it rises to a violation, to initiate legal action against the CRA. I would leave it to their discretion and investigation.