Monday, December 6, 2004

Can Someone Run My Credit Report Without My Knowledge?

Your credit report contains personal information regarding how you spend money and how you repay bills, and it is difficult for Americans to keep their credit history private. The federal government passed the Fair Credit Reporting Act (FCRA) in 1970 to address issues such as consumer privacy, but much of the language in the act leaves room for interpretation, often making it possible for someone to run your credit report without your knowledge.

Prescreening Access

    Companies extending credit or insurance offers to consumers via the mail, phone solicitations or email technically cannot examine the individual credit reports of potential customers. However, they do not issue offers randomly either. According to the Federal Trade Commission, "prescreened offers --- sometimes called preapproved offers --- are based on information in your credit report that indicates you meet criteria set by the offerer." Companies pay credit reporting agencies for lists of consumers who meet their eligibility criteria. Credit reporting agencies (CRAs) do not check with you before selling your information to credit or insurance firms. You can be proactive by opting out of prescreening by informing the three major credit reporting agencies -- Experian, TransUnion and Equifax.

Law Enforcement Access

    All federal, state and local law enforcement agencies can obtain information from your credit report such as your name, present and past addresses and place of employment without your knowledge. The FBI can access your entire credit report without your knowledge, provided it certifies that it has good reason, such as investigating terrorism or suspected espionage. As of the establishment of the federal Patriot Act on Oct. 26, 2001, any government agency that claims it is investigating terrorist activities can access Americans' credit reports without their knowledge.

Credit Header Access

    As a result of a legal settlement between TRW (now called Experian) and the Federal Trade Commission, credit reporting agencies may sell your credit "header" information without informing you. This information includes your name, your mother's maiden name, your birth date, gender, phone number, current and past addresses and your Social Security number. CRAs often sell bundles of such consumer information to companies who wish to target specific groups of consumers for marketing purposes. Businesses can even purchase your sensitive personal information from CRAs online.

Additional Privacy Issues

    In some cases, CRAs dig deeper into your private history when someone pays them to conduct an investigative consumer report (ICR). While the CRA is legally bound to inform the subject of an ICR within three days of the date someone requests the report, this invasive procedure can involve interviews with your neighbors, friends and co-workers, plus investigative research into your character, lifestyle and reputation. The FCRA does not require a CRA to reveal the sources of its information to the consumer, but you can order a copy of your dossier for a fee.

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