Cell phone number listed on cr

[Downto0 48]

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?

[stick&rudder 34]

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

[ls8720 0]

A simple online dispute of the address & phone number has worked for me in the past. Simply dispute it as inaccurate.

[Downto0 48]

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  They have to have some sort of vetting process to sort out information which should not be published.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.

[BV80 2,818]

@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.

[Downto0 48]

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".

[BV80 2,818]

@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?

 

[Downto0 48]

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.  

[BV80 2,818]

@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. 

 

 

[Downto0 48]

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?

[BV80 2,818]

@Downto0

That section is simply about ensuring accuracy and is exempt from a private right of action.

[Downto0 48]

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?  

[BV80 2,818]

@Downto0

I think it's the CFPB.