Massachusetts Notice of Increase in Charge for Credit or Insurance Based on Information Received From Consumer Reporting Agency

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Multi-State
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US-01410BG
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Description

Under the Fair Credit Reporting Act, whenever credit or insurance for personal, family, or household purposes, or employment involving a consumer is denied, or the charge for such credit or insurance is increased, either wholly or partly because of information contained in a consumer report from a consumer reporting agency, the user of the consumer report must:


notify the consumer of the adverse action,


identify the consumer reporting agency making the report, and


notify the consumer of the consumer's right to obtain a free copy of a consumer report on the consumer from the consumer reporting agency and to dispute with the reporting agency the accuracy or completeness of any information in the consumer report furnished by the agency.

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FAQ

§ 1681b(f))) prohibits a person from using or obtaining a consumer report ?unless . . . the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished ?.?The significant development is that the CFPB cautioned that the FCRA's permissible purpose requirements are consumer- ...

[15 U.S.C. § 1681] (1) The banking system is dependent upon fair and accurate credit report- ing. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

The Fair Credit Reporting Act (FCRA) , 15 U.S.C. § 1681 et seq., governs access to consumer credit report records and promotes accuracy, fairness, and the privacy of personal information assembled by Credit Reporting Agencies (CRAs).

Under the Fair Credit Reporting Act (FCRA), potential lenders are required to provide you with an adverse action notice when they deny you credit based on information in your credit report.

Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or $1,000, whichever is greater.

Duty to Promptly Correct and Update Information. Section 623(a) of the FCRA also requires a person who regularly furnishes information to CRAs to promptly notify a CRA if the person determines the previously furnished information is not complete or accurate.

Examples of permissible purposes include subpoenas or court orders, written instructions from the consumer, credit transactions with a consumer, employment purposes with written authorization from a consumer, insurance underwriting purposes, tenant screening, and national security investigations.

15 U.S. Code § 1681s?2 - Responsibilities of furnishers of information to consumer reporting agencies. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

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Massachusetts Notice of Increase in Charge for Credit or Insurance Based on Information Received From Consumer Reporting Agency