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Published byAdam Atkinson Modified over 9 years ago
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A member of The Marmon Group of companies The Fair Credit Reporting Act as amended by the FACT Act Eric Rosenberg May 14, 2004 Chicago Association of Direct Marketing
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2 FACTA Background Drivers Expiring Federal Preemptions, 12/03 Need for Action on Public Policy Issues — Identity Theft — Accuracy & Fairness of Credit Reporting System — Access to Credit Reports — Privacy (Marketing Use of Personal Information) — Financial Literacy
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3 Political & Substantive Evolution, 2003 May-June House hearings focus: identity theft US Chamber Report: The FCRA—Access, Efficiency & Opportunity September Senate hearings focus: accuracy Fair & Accurate Credit Transactions Act (FACT Act) signed December 4, 2003
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4 Access to Credit by Family Income Income Quintile1970198319952001 Lowest Have a card2112838 2 nd Lowest Have a card9275465 Middle Have a card14417179 2 nd Highest Have a card22578387 Highest Have a card337995 U.S. Chamber of Commerce Report, June 2003, “The Fair Credit Reporting Act: Access, Efficiency and Opportunity”
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5 Distribution of Account Balances by Interest Rate: 1990-2002 Interest Rate Tier Year<5.5% 5.5- 10.99% 11- 16.49% 16.5- 17.99% >18% 2002153125326 199062073 U.S. Chamber of Commerce Report, June 2003: “The Fair Credit Reporting Act: Access, Efficiency and Opportunity”
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6 Important Sections — 604 Permissible Purpose of Reports — 607 Compliance Procedures — 609 Disclosure of Information — 611 Procedures in Case of Disputed Accuracy — 621 Administrative Enforcement US FAIR CREDIT REPORTING ACT (FCRA)
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7 The Good News Expiring Preemptions Made Permanent — Prescreening — Data Furnisher Obligations, Liability — Timeframes for Dispute Processing — Adverse Action Notices — Obsolescence Rules — Affiliate Sharing Current Practices Codified, Preempted — Fraud Alerts — Tradeline Blocking with Police Report
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8 Provisions for Users of Consumer Reports Identity Theft Risk-based Pricing Notice Accuracy Provisions Enhanced Notice of Opt-Out Rights Affiliate Sharing Score Disclosure Notice of Negative Information to Consumer
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9 Provisions for Consumer Reporting Agencies Increased Consumer Access to Credit Reports — Free annual disclosures Prescreening Opt Out to 5 years, from current 2 Inquiries as Key Factor Score Disclosure to Consumers Statute of Limitations Information Blocking with Identity Theft Report SSN Truncation on Consumer Disclosure Medical Information Restrictions Reinvestigations Address Reconciliation
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10 Eric Rosenberg Senior Manager, State Government Affairs erosenb@transunion.com 312/466-6323
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