Downto0 48 Posted January 21, 2016 Report Share Posted January 21, 2016 I've noticed that TU and EX are listing my wife's and my phone numbers on our credit reports. Most of the numbers we don't have anymore but they list one active cell phone number for my wife. Any debt collector or JDB or other creditors who download a cr from her now has access to her cell phone number. My thoughts are that, by TU and EX listing her cell phone number on her credit report, credit report users would assume that the number is okay to call otherwise what would be the purpose of listing it? Well, they would not have prior express consent. Granted, she could sue anyone who used the number they got from TU or EX but aren't the CRAs liable since they published her cell phone number in the first place? Quote Link to post Share on other sites
stick&rudder 34 Posted January 21, 2016 Report Share Posted January 21, 2016 Howdy, You can request removal of that information from your reports. Keep in mind, the credit bureaus do not search this information out and put it on your report, someone supplies the information to them. They are required to report what the furnishers of information give to them. So someone reported the phone numbers to the bureaus. I would send written dispute, requesting that all the address and phone number entries be removed. I had some old addresses on my report before, I disputed all of them as inaccurate and they were removed pretty quickly. You can do the same on the numbers shown. On my most recent pull, I found the same thing I found last time around--a company reported that they are my employer, and I have never worked for them. I disputed, it was removed. it's back on again as of two days ago. Wheels up, Stick Quote Link to post Share on other sites
ls8720 0 Posted January 22, 2016 Report Share Posted January 22, 2016 A simple online dispute of the address & phone number has worked for me in the past. Simply dispute it as inaccurate. Quote Link to post Share on other sites
Downto0 48 Posted January 22, 2016 Author Report Share Posted January 22, 2016 Yea, I have a friend who is having the same problem with removing cell phone numbers. In fact, he's starting to get robo calls from someone he has never done business with before. I'm not sure if they are collection calls or telemarketing calls but either is illegal since they would not have prior express consent because they likely got the number from TU. Clearly, the CRAs cannot publish all personal information without considering the consequences. They have to have some sort of vetting process to sort out information which should not be published. Cell phone numbers should be flagged and removed from a credit report because publishing them makes it appear as if they are public domain and anyone can robo call when quite the opposite is true. The account holders should not have to inform the CRAs that they don't want their cell phone numbers published. Quote Link to post Share on other sites
BV80 2,816 Posted January 23, 2016 Report Share Posted January 23, 2016 @Downto0 CRAs are allowed to publish identifying information provided by creditors. It's the responsibility of an OC or CA to to understand and abide by the TCPA. There is absolutely no authority anywhere that even hints that finding a cell phone number on a CR provides a caller with prior express permission. If they choose to call your cell using an automatic device without prior express permission, they've chose to take their chances. The CRAs are not responsible for that. Quote Link to post Share on other sites
Downto0 48 Posted January 23, 2016 Author Report Share Posted January 23, 2016 I'm not familiar with that part of the fcra which gives permission to list any information on an account holder. Or, do you have another source? I would not be considering a TCPA violation for the CRA because they did not call my wife. It would be more of a privacy issue. Listing a cell phone number does not give pec but it would look like the number does have pec. Why would anyone publish a number and everyone else should know that you can't call that number? It is irresponsible to throw a cell phone number out into cyberspace. The CRAs know that but they do it anyway probably because it makes their reports more attractive. I can hear the JDBs talking, "Get a report from TU or EX because they list cell phone numbers". Quote Link to post Share on other sites
BV80 2,816 Posted January 23, 2016 Report Share Posted January 23, 2016 @Downto0 Quote I'm not familiar with that part of the fcra which gives permission to list any information on an account holder. Or, do you have another source? I don't believe I said they could list "any" information. Quote Listing a cell phone number does not give pec but it would look like the number does have pec. Why would anyone publish a number and everyone else should know that you can't call that number? No, it does not even look like prior express permission. It's the responsibility of OCs and CAs to determine if a number is a landline or cell number. If it's a cell, they know that finding a number on your CR is not prior express permission. Have you even tried to have the number removed? How have you been damaged? Under what statute would you sue? Quote Link to post Share on other sites
Downto0 48 Posted January 24, 2016 Author Report Share Posted January 24, 2016 Before I do anything I need to find out their authority to list personal private information. I think you agree that the CRAs cannot publish any piece of information just because the data furnisher gives it to them. For the moment, exclude cell phone numbers and think about other private personal information. What about religion? What if the CRAs listed the religion of all the account holders? That could help identify account holders. What about ethnicity? What about your driver's license picture on all your accounts? You get the drift. At some point the data furnishers will send personal private data which should not be published. It's hard for me to believe that it would be left up to the account holders to police their own records when it is the CRAs who have the ability to flag inappropriate data so that it won't be on a credit report in the first place. One could argue that the consumers have a free credit report per year but what about the other 11 months? One would have to download a cr everymonth. That's an unfair burden for the consumer when the CRA could easily put a system in place to safeguard personal private data. I'm probably going to have to give the fcra another good read to see exactly what the CRAs are required to do when they receive data. Maybe they can mindlessly publish what ever the data furnishers send them. I know that most courts will find the data furnisher guilty but sometimes the CRAs are found to violated the fcra as well. Quote Link to post Share on other sites
BV80 2,816 Posted January 24, 2016 Report Share Posted January 24, 2016 @Downto0 Yes, I get the drift. Again, I didn't say CRAs could list just any information. 1. The FCRA does not specify the personal information that is allowed to be included in a CR. It merely says that information must be accurate. 2. In order for a business to access your CR, it must show that it has a legitimate business need. What is required to establish that legitimate business need? Does the business have to provide your social security number? If not, once it follows the requirements to establish a legitimate business need, it can see your social security number. I value my social security number much more than my cell phone number. 3. How does the provision of your cell phone number affect your creditworthiness? 4. How have you been damaged by the provision of your cell phone number? 5. You need to check out 1681h(e) of the FCRA. 6. Also read 1681n and 1681o. 7. Assuming you were to find that CRAs cannot list cell phone number, you must first dispute because the FCRA is not a strict liability statute. Quote Link to post Share on other sites
Downto0 48 Posted January 25, 2016 Author Report Share Posted January 25, 2016 Here's a section from facta where the banking industry was to establish guidelines FCRA 623 ``(e) Accuracy Guidelines and Regulations Required.-- ``(1) Guidelines.--The Federal banking agencies, the National Credit Union Administration, and the Commission shall, with respect to the entities that are subject to their respective enforcement authority under section 621, and in coordination as described in paragraph (2)-- ``(A) establish and maintain guidelines for use by each person that furnishes information to a consumer reporting agency regarding the accuracy and integrity of the information relating to consumers that such entities furnish toconsumer reporting agencies, and update such guidelines as often as necessary; and ``(B) prescribe regulations requiring each person that furnishes information to a consumer reporting agency to establish reasonable policies and procedures for implementing the guidelines established pursuant to subparagraph (A). ``(2) Coordination.--Each agency required to prescribe regulations under paragraph (1) shall consult and coordinate with each other such agency so that, to the extent possible, the regulations prescribed by each such entity are consistent and comparable with the regulations prescribed by each other such agency. ``(3) Criteria.--In developing the guidelines required by paragraph (1)(A), the agencies described in paragraph (1) shall-- ``(A) identify patterns, practices, and specific forms of activity that can compromise the accuracy and integrity of information furnished to consumer reporting agencies; ``(B) review the methods (including technological means) used to furnish information relating to consumers to consumer reporting agencies; ``(C) determine whether persons that furnish information to consumer reporting agencies maintain and enforce policies to assure the accuracy and integrity of information furnished to consumer reporting agencies; and ``(D) examine the policies and processes that persons that furnish information to consumer reporting agencies employ to conduct reinvestigations and correct inaccurate information relating to consumers that has been furnished to consumer reporting agencies.''. So, these would be the guidelines that data furnishers must follow to submit data to the CRAs. I'm not clear as to who is to police the guidelines to make sure that the data furnishers are following them. Clearly, however, it could not be the data furnisher. I would think that the CRAs would certainly play a part. Any thoughts? Quote Link to post Share on other sites
BV80 2,816 Posted January 25, 2016 Report Share Posted January 25, 2016 @Downto0 That section is simply about ensuring accuracy and is exempt from a private right of action. Quote Link to post Share on other sites
Downto0 48 Posted January 25, 2016 Author Report Share Posted January 25, 2016 Right. My point is that I knew there had to be guidelines as to how data should be accepted and listed. So, who is over the fcra? Still the FTC or did the cfpb take over? Quote Link to post Share on other sites
BV80 2,816 Posted January 26, 2016 Report Share Posted January 26, 2016 @Downto0 I think it's the CFPB. Quote Link to post Share on other sites