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

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Multi-State
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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

Section 605(h)(1) of the Fair Credit Reporting Act requires that, when providing a consumer report to a person that requests the report (a user), a nationwide consumer reporting agency (NCRA) must provide a notice of address discrepancy to the user if the address provided by the user in its request ?substantially ...

(C) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.

(a) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer: (1) The nature and substance of all information (except medical information) in its files on the consumer at the time of the request.

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.

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.

In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in ance with section 5318 of title 31 or section 3486 of title 18.

This federal law is also known as the Fair Credit Reporting Act protects a consumer's information when collected by consumer reporting agencies. This act also extends to how a company must handle a consumer's financial information when providing information to consumer reporting agencies.

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