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There are other "Secret" credit databases out there besides Innovis
So you thought it was just Innovis who's a "Secret Credit Bureau". Well, there are actually lots of third-party databases which serve as information treasure troves for the "Big 3" credit bureaus. And just like Innovis, who started out crying "but we're not a credit bureau - so you can't have a copy of your information", these information databases are trying to pull a fast one on the American public.
Dolan Information, recently purchased by LexisNexis, is just such a bureau. Their main specialty are court records, and if you've ever wondered where Credit Reporting Agencies (CRAs) get their information, it is most likely from these guys. Contact info:
LexisNexis/Dolan Information
100 South 5th Street, Suite 300
Minneapolis, MN 55402
http://www.banko.com/
LexisNexis claims to hold information on these types of public records, though this is probably not a complete list:
- Bankruptcy
- Death certificates
- Tax Liens/Judgments
- Evictions
The reluctance by LexisNexis/Dolan to hand out personal information files, though this is clearly a requirement specified by the Fair Credit Reporting Act (FCRA), can be illustrated by the following experiences of one of our discussion board members. An amusing tale unfolds as she writes a series of letters in an attempt to obtain a copy of her file. Both her letters and the LexisNexis/Dolan representative responses follow.
[ Letter #1 ]
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xx/xx/xxxx
CMChase
123 Street St.
Anytown, USA 12345
LexisNexis/Dolan Information
100 South 5th Street, Suite 300
Minneapolis, MN 55402
Attn: Consumer Assistance
The purpose of this letter is to request a copy of any and all information you have on file for me. If you have no information regarding me, please provide documentation to that effect. I have provided a self-addressed stamped envelope for your convenience.
I am sending a copy of my Social Security card along with this letter to verify my identity. Your time and assistance in this matter is greatly appreciated.
Here is my personal information:
CMChase
SS # 123-45-6789
Best Regards,
CMChase |
[ Response #1 ]
Dear CMChase,
I received your request for a copy of your credit report on file with us. Unfortunately, we, LexisNexis/RiskWise, are not a CRA. We are an information resource only, and do not have access to your personal credit file. We do not compile or distribute credit reports. Our company collects and sells bulk public record information. We do not collect or store information on particular individuals. If you wish to dispute a particular piece of information that you have seen on your credit report, please contact us with that case number, the court it was filed in and we would be more than happy to conduct an investigation to verify the disputed information.
If you have any further questions, please feel free to contact me toll free at 1-800.....
Jessica |
[ my second letter - playing dumb ]
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Ms. Jessica:
I recently sent a letter concerning the information in your systems, specifically my personal information/public records. I asked to see a list of items regarding my records, and you mentioned that your company does not compile or store this sort of individual information. I appreciate your quick response to my query.
I have spoken to my county court clerk and she noted that the courthouse does not report public information to the credit bureaus, that the information is collected and then sold to the credit bureaus. I’m assuming your company (among others, I’m sure) is the other party. Is this how it works? I apologize, I am just confused on how it went from the courthouse to my credit report if no one says they neither report directly to the bureaus nor keep my personal information on file. Do you gather the information and then the bureaus buy it – and then you get rid of your files?
I apologize if that is confusing. I am just confused on and curious about the procedures regarding the information gathering/selling/reporting.
I appreciate any help you can offer. Thank you, again, Ms. Jessica. I look forward to your response.
Again, I have included a SASE for your convenience.
Sincerely,
CMChase
Enclosed for clarification: copy of original letter & your reply |
[ Response #2 ]
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Ms. CMChase,
I received your second letter and acknowledge your concern and confusion.
From the information you have given me, I can only offer a GENERAL explanation of what MIGHT or MIGHT NOT have happened in your case.
In general we collect information from the courts on a daily basis and clients of ours may purchase that information. Without SPECIFIC information from you (i.e. case numbers, specific disputed information, etc) I cannot give you any more information. If you can give us information on exactly what you have an issue with on your record, we can then look into our database. Until we receive that information I have to consider the matter closed on our end.
Please contact me toll free at 1-800.....
Sincerely,
Jessica
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[ Letter #3 - Me getting annoyed and wanting answers! ]
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Ms. Jessica:
I recently received a letter from you addressing concerns I had with public records reporting. I have included a copy of the original letter and the most recent letter from you for your reference. I understand your need for the information you asked for.
Though not the only ones, two of the accounts in question are listed below:
Case # xxxxxx
Case # xxxxxx
Please let me know all information you have regarding these cases. I appreciate any help you can offer. Thank you, again, Ms. Jessica. I look forward to your response.
Sincerely,
CMChase
SS # 123-45-6789
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[ Response #3 ]
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Ms. CMChase,
I have received your request for more information regarding public record information with cases #'s xxxxx and xxxxxx. If you are disputing information related to these two specific cases (or any other cases) please tell me what exactly you are disputing (along with any other case numbers or additional information) and we would be more than happy to look into the matter.
If you would simply like more information regarding these two specific cases or need copies of documents, we would suggest that you contact the court where these cases were filed.
If you have any other questions, call me at 1-800.....
Jessica
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[ Final Letter - the "I know what I'm talking about" letter ] LOL!!
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Ms. Jessica:
I recently have been in contact with you regarding my records. We have exchanged several letters via US mail regarding the same. Enclosed for your review are the mentioned letters.
My first contact with you was concerning disclosure of all my personal information your company has in your database. Your response was that LexisNexis is NOT a Credit Reporting Agency and you do not have access to that information. You also said your company does not compile or distribute consumer reports. However, on your company’s website (copy of page enclosed), it says specifically,
“LexisNexis Public Records Data Services, Inc. is considered a Consumer Reporting Agency (CRA) and complies with the Fair Credit Reporting Act (FCRA). LexisNexis Public Records Data Services, Inc. collects public information…and sells this information to financial institutions, other CRAs, law firms, collection agencies and others.”
Clearly, LexisNexis DOES compile and distribute consumer reports.
Below is the definition for a consumer report directly copied from FCRA § 603.
Definitions; rules of construction [15 U.S.C. § 1681a]
The term "consumer report" means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for (A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or (C) any other purpose authorized under section 604 [§ 1681b].
I have enclosed copies of FTC opinion letters explaining that companies just as you are, in fact, considered Consumer Reporting Agencies, and are subject to the Fair Credit Reporting Act.
You stated in your second letter that you could give me only general information as to what may have happened concerning my files. You said specifically, “If you can give us information on exactly what you have an issue with on your record, we can then look into our database.” In contrast to your first letter, in which you stated you do not compile personal information, in the second letter you stated you could look up my personal information in your database, given that I provide specific case numbers.
My third letter to you included two specific case numbers, the name of the court they were supposedly filed in, the city and state associated with these cases, and my name, address, and social security number. Your reply was that I didn’t give you enough information, when, in fact, I gave you quite sufficient information.
As a Consumer Reporting Agency, upon my request, you must abide by FCRA section 609, relating to disclosures to consumers. I have enclosed a copy of the entire section for your reference.
Therefore, pursuant to the Fair Credit Reporting Act, I am demanding a copy of ALL the information your company has on file with my name and social security number, including a list of any entity who has received a copy of said report in the last 2 years. If you could research my request upon dispute, you can research it otherwise. You stated you have my information in your database – I request you search it and send me the results.
Refusal to do so will be considered willful noncompliance and subject to fines of up to $1000 per violation, pursuant to FCRA section 616.
As I have mentioned before, I believe your company is supplying at LEAST one Credit Reporting Agency with incorrect information. LexisNexis may be named co-defendant in a pending suit against a least one Credit Reporting Agency. I suggest your company provide me with the information I legally request.
I will look for you to send the requested information. Please send it to the address listed above within 15 days.
Sincerely,
CMChase
Enclosed: copies of former letters both from and to LexisNexis, copy of section FCRA 609, copy page of LexisNexis’ website, FTC “Sum” opinion letter, FTC “LeBlanc” opinion letter, copy of social security card, copy of drivers license
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[ Final Response - included a copy of my 'entire' file - shipped Air Express and marked "URGENT" ] ROTFLMAO!
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Ms. CMChase,
I have reviewed your letter dated xx/xx/xxxx and the attachments. In response to this letter, we are attaching a copy of the only information we presently maintain in our database that is associated with your name, current address and/or SS#. This information was obtained from the referenced courts.
The information was not sold to any companies by our office in the past 2 years.
Very truly yours,
Compliance Officer
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~~ End Of Tale ~~
If you think that's bad, there are even more "third-party" databases out there that the credit bureaus use for their "investigations" of consumer disputes, or to get the information contained in your credit files. What's particularly disturbing is that some of these companies are "off-shore" and immune from the US Laws and therefore the FCRA. Read this horror story, in the form of testimony before the subcommittee on Financial Institutions And Consumer Credit, from consumer attorney Leonard A. Bennett.
http://www.naca.net/BennettFCRATestimony.pdf
To summarize the report, Mr. Bennett found that:
- CRAs never contact the original creditor concerning errors on consumers credit reports, but go through third-party companies via an automated system.
- Documentation sent by consumers as proof that information may be incorrect is never passed on to these companies and never considered in the investigation.
For other third-party databases (and there are lots of them), read our other database article.
And YES, there are others, but most of the other third-party databases are affiliates of the major credit bureaus.
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