Tag Archives: Credit Report

FTC Sends Warning Letters to Data Brokers Regarding FCRA Violations

On May 7, 2013, the Federal Trade Commission announced that it issued letters to ten data broker companies warning that their practices could violate prohibitions against selling consumer information under the Fair Credit Reporting Act (“FCRA”). The FTC identified the ten data broker companies after a test-shopping operation that indicated these companies were willing to sell consumer information without adhering to FCRA requirements.

Continue reading…

Tags: Consumer Protection, Credit Report, Cross-Border Data Flow, Data Protection Authority, FCRA, Federal Trade Commission, Financial Privacy, Information Security, Online Privacy

FTC Sends FCRA Warning Letters to Tenant Rental History Websites

On April 3, 2013, the Federal Trade Commission issued a press release announcing that it had sent warning letters to operators of six websites that provide rental history reports to landlords for tenant screening purposes. The letters informed the website operators that they may be considered consumer reporting agencies (“CRAs”) subject to the requirements of the Fair Credit Reporting Act (“FCRA”).

Continue reading…

Tags: Consumer Protection, Credit Report, Enforcement, FCRA, Federal Trade Commission, Information Security, Online Privacy

FTC Study Reports on Inaccuracies in Consumer Credit Reports

On February 11, 2013, the Federal Trade Commission announced that a congressionally-mandated study of the U.S. credit reporting industry found that 26 percent of consumers identified at least one error that might affect their credit score. The study reported that 5 percent of consumers had errors on their credit reports that could result in less favorable terms for loans and insurance.

Continue reading…

Tags: Congress, Consumer Protection, Credit Report, FCRA, Federal Trade Commission, Financial Privacy, Obama

Key Changes in Australian Privacy Law

Reporting from Australia, former Australian Privacy Commissioner Malcolm Crompton, Managing Director of Information Integrity Solutions Pty Ltd (“IIS”), writes:

The Australian Privacy Amendment (Enhancing Privacy Protection) Act 2012 (the “Act”) will make significant changes to the Privacy Act 1988. It’s early days for the changes and the impact for organizations will depend on their circumstances. Over the next 15 months we expect to see a range of guidance material from the Office of the Australian Information Commissioner.

Continue reading…

Tags: Australia, Credit Report, Data Transfer, International, Legislation, Malcolm Crompton, Marketing

FTC Settlement Targets Mobile App Background Checks

In a January 13, 2013 blog post, the Federal Trade Commission’s Bureau of Consumer Protection’s Business Center Blog highlighted the FTC’s recent groundbreaking settlement for violations of the Fair Credit Reporting Act (“FCRA”) in the mobile app context. The settlement with Filiquarian Publishing, LLC, Choice Level, LLC, and Joshua Linsk (the owner of Filiquarian and Choice Level, collectively, the “Companies”), is the first FCRA enforcement action against a mobile app developer. Filiquarian offered mobile apps to consumers for purposes of conducting criminal background checks in numerous states, and Choice Level provided the criminal background checks used by the apps to Filiquarian.

Continue reading…

Tags: Consent Order, Consumer Protection, Credit Report, Enforcement, FCRA, Federal Trade Commission, Mobile App, Mobile Device, Workplace Privacy

Australian Government Moves Forward with Privacy Reform Legislation

On May 2, 2012, Australia’s Attorney General Nicola Roxon announced that the Australian government will introduce a bill to the Australian Parliament that will enact a number of the recommendations from the 2008 Law Reform Commission Report (ALRC Report 108) and reform privacy law in Australia. Discussion drafts of segments of the bill were considered by a Senate Committee in 2011. On May 4, Australian Privacy Commissioner Timothy Pilgrim presented an overview of the draft legislation at an event held during the iappANZ Privacy Awareness Week. Commissioner Pilgrim noted that the legislative package includes: Continue reading…

Tags: Accountability, Australia, Centre for Information Policy Leadership, Consumer Protection, Credit Report, Data Transfer, Events, International, International Association of Privacy Professionals, Legislation, Malcolm Crompton, Marketing

FTC Warns Marketers of Mobile Apps About Potential FCRA Violations

On February 6, 2012, the Federal Trade Commission warned six marketers of background screening mobile applications that they may be violating the Fair Credit Reporting Act (“FCRA”). In a sample letter posted on the FTC website, the FTC indicates that at least one of the recipient marketer’s mobile apps involves background screening reports that include criminal history checks. Pursuant to the FCRA, this could make the marketers of the mobile apps “consumer reporting agencies” if they are “providing information to employers regarding current or prospective employees’ criminal histories [that] involves the individuals’ character, general reputation, or personal characteristics.”

Continue reading…

Tags: Consumer Protection, Credit Report, FCRA, Federal Trade Commission, Marketing, Mobile App, Workplace Privacy

Background Check Suit Challenges Constitutionality of FCRA’s Seven-Year Limit on Reporting Adverse Information

As reported in the Hunton Employment & Labor Perspectives Blog:

The U.S. Department of Justice has moved to intervene to defend the constitutionality of the Fair Credit Reporting Act (“FCRA”) against a consumer reporting agency accused of violating § 605 of the FCRA.

On November 23, 2010, Shamara T. King filed suit against General Information Services, Inc. (“GIS”) in Pennsylvania federal court claiming violations of the FCRA. (See, King v. General Information Services, Inc., No. 2:10-CV-06850 (E.D. Pa. Nov. 23, 2010). Specifically, King claims that when she applied for a job with the United States Postal Service, GIS performed a background check that included details about a car theft arrest that occurred more than seven years prior to the requested background check. According to § 605(a)(5) of the FCRA, consumer reporting agencies cannot provide adverse information, except for criminal convictions, “which antedates the report by more than seven years.”

Continue reading…

Tags: Compliance, Consumer Protection, Credit Report, Department of Justice, FCRA, Pennsylvania, U.S. Federal Law, Workplace Privacy

Connecticut Restricts Employer Access to Employee Credit Reports

As reported in the Hunton Employment & Labor Perspectives Blog, Connecticut recently became the latest state to pass a law regulating employer use of credit reports. The law, which goes into effect on October 1, 2011, prohibits employers from requiring employees or prospective employees to consent to the employer requesting their credit report as a condition of employment.  The full post includes a discussion of the exceptions to this restriction.

Read our previous posts on regulatory scrutiny of employee credit checks and a similar Illinois law that went into effect on January 1, 2011.

Tags: Connecticut, Credit Report, FCRA, Financial Privacy, U.S. State Law, Workplace Privacy

Federal Trade Commission Announces Settlement with Teletrack, Inc.

On June 27, 2011, the Federal Trade Commission announced that it had reached a settlement with Teletrack, Inc. (“Teletrack”), a consumer reporting agency that sells consumer reports and other services to businesses that serve financially distressed consumers, after alleging that the company had sold information obtained through its consumer reporting business to marketers to create a marketing database. The FTC considered that the information sold by Teletrack, which included lists of consumers who applied for certain credit products, constituted “consumer reports” under the Fair Credit Reporting Act (“FCRA”) because it contained information about a consumer’s credit worthiness. The sale of such information by Teletrack to marketers violated the FCRA because marketing is not a permissible purpose by which consumer reporting agencies may furnish consumer reports to third parties. According to the FTC’s press release, the “settlement seeks to protect consumers’ privacy by ensuring that their sensitive credit report information is not sold for marketing purposes.”

The settlement order imposes a $1.8 civil penalty on Teletrack and certain reporting requirements to ensure Teletrack’s compliance with the order. In addition, Teletrack must “furnish credit reports only to those people that it has reason to believe have a permissible purpose to receive them under the FCRA, or as otherwise allowed by the FCRA.”

Tags: Credit Report, FCRA, Federal Trade Commission, Online Privacy, Penalty