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Published Articles by David Balovich

Title: The FTC Has Spoken
Published in: Creditworhty News
Date: 10/18/00
  
Ever since the revision to the Fair Credit Reporting Act (FCRA) in 1996 there has been confusion as to its relevance to business credit grantors who use consumer credit reports for the extension of business credit primarily when dealing with proprietorships, partnerships and guarantors.

The most frequently asked questions have been:

Can a business credit grantor obtain a consumer credit report on an individual, for business purposes, without getting written permission from the specific individual?

and;

Does the signed personal guarantee qualify as the authorization to obtain a consumer credit report on the individual who signed the guarantee?

Many credit grantors and trade organizations, including NACM, have written to the FTC asking for clarification. NACM went so far as to provide argument as to why they believed the changes to the FCRA did not apply to business credit grantors.

On July 26, 2000, the FTC issued a five page response which said business credit grantors are no different then any other credit grantor and the changes to the FCRA applies to everyone who obtains a consumer credit report regardless of the intended reason.

As it stands now it is no longer permissible to obtain a consumer credit report for any purpose unless you have the individuals specific permission to do so in writing. Any broad language on the credit application does not cover the creditor in these circumstances, according to the FTC.

It is important to remember that unlike a business credit report, every time you make inquiry on a consumer credit report you are leaving a record that an inquiry was made. The end result could be that an applicant who is denied credit files a complaint alleging that his/her personal credit report was obtained without their permission. Without the written authorization signed by the individual we have no defense under the existing law.

For further information, the July 26 opinion written by Dennis Medine of the FTC can be found at

http://www.ftc.gov/os/statutes/fcra/tatelbaum.htm

It is suggested that you view this with your attorney to determine how to proceed to insure that your firm is in compliance with the FCRA.

THE INFORMATION PROVIDED IN THIS ARTICLE IS NOT LEGAL ADVICE BUT PROVIDED MERELY AS INFORMATION. FOR LEGAL ADVICE SEEK THE COUNSEL OF YOUR ATTORNEY OR LAW DEPARTMENT.

I wish you well.


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