|
Yes. The practice of generating and
selling lists for use in "pre-approved" credit and insurance offers is
allowed by law. Trans Union, Experian and Equifax all engage in selling lists of
consumers who meet certain criteria in order to receive a "firm" offer
of credit or insurance. This is the source of the many pre-approved credit
offers most consumers receive in the mail. "Pre-approved" and
so-called "firm" offers of credit, however, can be somewhat
misleading. A creditor may legally look at your report before making the offer.
If you respond, the creditor may again access your report before you are
actually granted credit. They can deny your credit application at that time.
This is explained in the fine print on the pre-approved offer.
The law does not allow CRAs to
compile and sell information from credit reports for the purpose of
direct marketing. Although CRAs have engaged in this practice in the past, the
Federal Trade Commission, on March 1, 2000, ruled that Trans Union violated the
FCRA by the sale of personal credit information for target marketing purposes.
To read the FTC�s full opinion, see www.ftc.gov/opa/2000/03/transunion.htm.
Trans Union has appealed the FTC�s decision and the matter is now under review
in federal court. Equifax states it does not sell lists used for direct or
target marketing. Experian, on the other hand, sells lists of consumers to
marketers derived from consumer surveys, demographics sources, and public
records. Experian states that it does not sell information obtained directly
from credit reports for marketing purposes. See www.experian.com/directmktg/lists.html.
You can remove your name from any
list compiled by a CRA, whether the list is for pre-approved credit offers or
direct marketing. To "opt-out," that is, to remove your name from
mailing lists compiled by credit bureaus, call the toll-free number all CRAs are
required by law to maintain for this purpose: (888) 5OPTOUT or (888) 567-8688.
This phone number can be used to remove your name from the list of all three
CRAs. You may also write to the CRA, and the CRA may also provide an online
means for opting-out.
The 1997 amendments to the FCRA
allow a subsidiary of a bank holding company to share its customers� credit
reports and information from credit, employment, or insurance applications with
other affiliates of that company. The 1997 amendments to the FCRA give you a
right to opt-out of the sharing of affiliate information. Look for opt-out
instructions in the fine print of your credit card bills and bank statements.
You will be provided with an address to contact to alert financial services
companies of your opt-out preferences. The FCRA amendments require that if an
adverse action is taken based on affiliate-shared information, you are to be
notified. The consumer organization U.S. PIRG (www.pirg.org)
states that affiliate sharing is among the most controversial changes to the
FCRA. It could result in the establishment of bank subsidiaries that act like
credit bureaus but are exempt from the act.
A loophole in the FCRA enables the
credit bureaus to sell the "directory information" from credit
reports, called "credit headers." This information includes name,
address, previous addresses, telephone number, date of birth, and Social
Security number. The FCRA�s opt-out provision that applies to pre-approved
offers of credit does not apply to credit headers. You are not able to
opt-out of the sale of your credit header information by the CRAs. This
information is sold to many information brokers who in turn sell it for a
variety of investigative purposes. The sale of credit headers is highly
controversial. Several bills have been introduced in Congress to prohibit the
sale of headers, or at the very least to restrict the sale of Social Security
numbers, which are contained in credit headers.
Source: Privacy Rights Clearinghouse
These questions and answers are provided for IowaMotors.com users' general information.
Although we make every effort to insure accuracy in the information provided, we cannot make
any guarantees as to this accuracy. We urge you to consult your lawyer, accountant or tax
advisor for specific legal or tax advice.
|