Minnesota Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency

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US-01411BG
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Description

Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for the credit is increased either wholly or partly because of information obtained from a person other than a credit reporting agency bearing on the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, certain requirements must be met. The user of such information, when the adverse action is communicated to the consumer, must clearly and accurately disclose the consumer's right to make a written request for disclosure of the information. If such a request is made and is received within 60 days after the consumer learned of the adverse action, the user, within a reasonable period of time, must disclose to the consumer the nature of the information.

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FAQ

Five states?California, Colorado, Connecticut, Utah and Virginia?have enacted comprehensive consumer data privacy laws. The laws have several provisions in common, such as the right to access and delete personal information and to opt-out of the sale of personal information, among others.

Minnesota's Consumer Protection Act (?CPA?) contains many consumer protection laws addressing specific industries including automobiles, farm equipment, repairs, and senior citizens. Minn. Stat. §§ 325F et seq.

This is a law that aims to protect consumers from unfair or deceptive acts, as well as to protect companies from unfair methods of competition. Consumers who are likely to be damaged by a deceptive business action have the right to bring suit against an offending business.

This Act applies to every contract for goods or services entered into between a consumer and a merchant in the course of his business.

What Information Does It Protect? The Act seeks to broadly protect the personal data of consumers. Consumers are defined as any Minnesota resident while acting as an individual. The Act does not apply to people acting in a commercial or employment context.

(a) The parties may agree in writing, either in the loan contract or credit sale contract or in a subsequent agreement, to a deferment of wholly unpaid installments. For precomputed loans and credit sale contracts, the manner of deferment charge shall be determined as provided for in this section.

Section 623(a)(1)(B). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute.

FAIR CREDIT REPORTING ACT/REGULATION V. Section 623 of the FCRA and Regulation V generally provide that a furnisher must not furnish inaccurate consumer information to a CRA, and that furnishers must investigate a consumer's dispute that the furnished information is inaccurate or incomplete.

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Minnesota Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency