This may seem like a dim question.
But what account inforamtion should be on there?
For example - if the account history dates back 10 years should the information for all ten years be on it?
Or just the 7 years they would send out as part of a (regular) credit report?
Information requests under FCRA 609(a)(1) permit the consumer to request "any item of information in the consumer's credit file at the time of the request." Its specific purpose is to permit the consumer to obtain information that may not be provided by vendors of credit reports, as any commercial credit report omits some items of information.
Adverse items of information that have exceeded their normal credit report exclusion provisions under any subsection of FCRA 605(a) are still of record in your credit file, and thus can be requested. The exclusion provisions of section 605(a) prevent the CRAs from including adverse items of information in credit reports they provide to others, but the information is not deleted from your credit file (unless the furnisher has separately reported its deletion).
However, if you send a general request under section 609(a), you are not likely to get any excluded items of information.
The CRAs normally respond to such information requests from a consumer by only sending the same normal credit report they would provide to any inquiree.
Section 609(a)(1) was specifically included in the FCRA to permit consumers to obtain information that is, for any reason, not included in a normal credit report they can acquire, but nonetheless is likely in their credit file. Derogs under FCRA 605(a) and any reported DOFD are typical items that can be explicitly requested, as they are included as "any item of information."
Make sure you clearly and explicitly identify the normally excluded information that you seek, or else you are unlikely to get that information in their response.
Well for the account that is proving most troublesome I specifically asked for
In line with FCRA 609(a)(1) please provide me with all information in my (consumer) file
In particular I want all information on my CitiMortgage account starting XXXXXX
Specifically, I require for this account the date of first delinquency/when this account was first reported as being in adverse status, the date and name of party who reported the adverse state."
I wanted to expand out from just using DOFD as it seems there's more than one usage.
TU use it like this in their FAQ
"In most cases, accounts that contain adverse information may remain on your credit report for up to seven years from the date of first delinquency on the account. If accounts do not contain adverse information, TransUnion normally reports the information for up to 10 years from the last activity on the account. Adverse information is defined as anything that a potential creditor may consider to be negative when making a credit-granting decision."
Although your answer certainly seems to suggest that despite the clear language of language of 609, they ignore it anyway.
"All information in the consumer’s file at the time of the request except that"
All information in your file certainly suggest that it means ALL information.
"All information in the consumer's credit file" would clearly be unreasonable.
A credit file includes reams of information, such as ECOA codes, header information, statements from inquirees as to their permissible purpose, records and referral forms used in or relating to disputes and their investigation, communications or letters received from a creditor, phone records, etc., etc.
The actual reporting records provided by furnishers is also provided and stored under the requried Metro 2 format as a string of numerical data that is undecipherable to consumers. It needs interpretation before presented to consumers,and thus is not reasonably part of an information request or credit report inquiry.
Any credit report or request for information must make some discretionary decision as to what will or will not be included.
While the statute does broadly refer to "all information," it is standard and accepted practice to make some decision as to what is or is not reasonably required for such requests.
It is not unreasonable for a CRA not to include all information that is in a consumer's file, and there is no case law holding that they must do so.