MOV for non-PP?

[Anonymous]

I have a question for the experts:

under FCDPA, FCRA, FACTA, etc., if requested of them, are the CRAs obligated to provide MOV regarding the permissibility (or rather the non-PP) of credit inquiries?

If yes, anyone remember what are the statutes?

thanks,

d.

[Anonymous]

No, in order to have those removed you need to send the Non-PP letter to the company that pulled your report.

[fused]

Guiness is right! Send this letter to the non-PP puller.

http://ficoforums.myfico.com/fico/board/message?board.id=generalcredit&thread.id=3900

[Anonymous]

Thank you, but we're already past that point - the CA has not responded, they have exhausted their ITS window and I'm taking them to court next week. And the NY AG is following up on it. So, I'm ok there. (i will provide more info obn this when I have something to report)

My question is about the accuracy of the CRA and their obligation to ensure privacy of data - it seems ludicrous that they are at liberty to provide my info, but ***when requested*** have no obligation to tell me why they did it and how they assessed legitimacy of the inquiry.

I understand they will keep reporting for accuracy purpose and to let me know who had access; yet, it seems they would have to provide a justification for considering the inquiry to have legitimate purpose - I wouldn't care if the CRA tells me the CA guarantees permissibility for such and such purposes. I want to know what it is the official reason for placing the inquiry.

I'm not lawyer, but failing to provide me this information appears a violation of the spirit, if not of the letter, of the various Credit and Consumer Protection statutes...

[Anonymous]

Good move in pursuing legal action- they could loss their certification with the CRA's.

INQ's are considered a "Statement of Fact" because just because the INQ was removed- the company still has a copy of your credit report and then the CRA can't show how they received it.

The FCRA is very clear about PP. Make sure you understand all parts of it prior to court.

http://www.ftc.gov/os/statutes/fcradoc.pdf

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demed wrote:

Thank you, but we're already past that point - the CA has not responded, they have exhausted their ITS window and I'm taking them to court next week. And the NY AG is following up on it. So, I'm ok there. (i will provide more info obn this when I have something to report)

My question is about the accuracy of the CRA and their obligation to ensure privacy of data - it seems ludicrous that they are at liberty to provide my info, but ***when requested*** have no obligation to tell me why they did it and how they assessed legitimacy of the inquiry.

I understand they will keep reporting for accuracy purpose and to let me know who had access; yet, it seems they would have to provide a justification for considering the inquiry to have legitimate purpose - I wouldn't care if the CRA tells me the CA guarantees permissibility for such and such purposes. I want to know what it is the official reason for placing the inquiry.

I'm not lawyer, but failing to provide me this information appears a violation of the spirit, if not of the letter, of the various Credit and Consumer Protection statutes...

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[Anonymous]

Thanks for the pointer - I think what I was referring to is enforced as follows:

§ 607. Compliance procedures

[15 U.S.C. § 1681e]

(a) Identity and purposes of credit users. Every consumer reporting agency shall maintain

reasonable procedures designed to avoid violations of section 605 [§ 1681c] and to limit the

furnishing of consumer reports to the purposes listed under section 604 [§ 1681b] of this

title. These procedures shall require that prospective users of the information identify

themselves, certify the purposes for which the information is sought, and certify that the

information will be used for no other purpose. Every consumer reporting agency shall make

a reasonable effort to verify the identity of a new prospective user and the uses certified by

such prospective user prior to furnishing such user a consumer report. No consumer

reporting agency may furnish a consumer report to any person if it has reasonable grounds

for believing that the consumer report will not be used for a purpose listed in section 604

[§ 1681b] of this title.

AND

§ 609. Disclosures to consumers

[15 U.S.C. § 1681g]

(a) Information on file; sources; report recipients. Every consumer reporting agency shall,

upon request, and subject to 610(a)(1) [§ 1681h], clearly and accurately disclose to the

consumer:

(1) All information in the consumer's file at the time of the request

...

I will ask the CRA to provide me with "information how prospective users of the information identified themselves, certification about the purposes for which the information has been sought, and certification that the information would be used for no other purpose" under  § 607. Compliance procedures [15 U.S.C. § 1681e] and § 609. Disclosures to consumers [15 U.S.C. § 1681g] Sect. A.

Will post results.

thanks.