Under the Fair Credit Reporting Act, a consumer reporting agency, on request by and proper identification of the consumer, must clearly and accurately disclose to the consumer:
the nature and substance of certain information in its files on the consumer;
the sources of most of that information;
the recipients of any consumer report on the consumer furnished for employment purposes within the two-year period preceding the request, and for any other purpose within the one-year period preceding the request;
the dates, original payees, and amounts of any checks on which is based any adverse characterization of the consumer, included in the file at the time of the disclosure; and
a record of all inquiries received by the agency during the one-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.
Hawaii Request for Disclosure Regarding Nature and Substance of Files of Consumer Reporting Agency
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How to fill out Request For Disclosure Regarding Nature And Substance Of Files Of Consumer Reporting Agency?
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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.
Federal Legislative Activity in 2023 Amend Section 604(c) of the FCRA to address the treatment of pre-screening report requests. Section 604(c) governs the furnishing of reports in connection with credit or insurance transactions that are not initiated by the consumer.
Section 628 - Properly dispose of consumer information to protect the confidentiality of the information -- go to Section 628. Section 629 - Prevents consumer reporting agencies from circumventing the law -- Section 629.
Reporting of Medical Debt: The three major credit bureaus (Equifax, Transunion, and Experian) will institute a new policy by March 30, 2023, to no longer include medical debt under a dollar threshold (the threshold will be at least $500) on credit reports.
HB 2051 set out to establish the Hawaii privacy act. It specified various consumer rights concerning the collection of personal information by businesses. It outlines business obligations concerning the collection, disclosure, sharing, and selling of consumer personal information.
Section 609 of the FCRA gives consumers the right to request all information in their credit files and the source of that information. Consumers also have the right to know any prospective employer who has accessed their credit report within the last two years.
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.
Section 603(d) defines a consumer report to include information about a consumer such as that which bears on a consumer's creditworthiness, character, and capacity among other factors. Communication of this information may cause a person, including a financial institution, to become a consumer reporting agency.
