Credit Guides And Credit Services

The controversy quickly spread to state legislatures. As of January 2004, three states Maryland, Utah, and Washington banned the practice outright. Twelve states have laws setting restrictions, often allowing insurers to use credit scores, but requiring that the score not be the sole determinant or reason for raising rates or denying coverage.²⁰⁵ credit pacific service union

Twenty-six states regulate insurers use of credit scoring by requiring greater notice and reporting.²⁰⁶ Despite the movement to restrict use of credit scores, they are, in fact, used widely, particularly by auto insurers. Stress Risk-Taking In fact, auto insurers are passionate in their belief the credit scores they use are one of the best predictors of future losses. Allstate Counsel Steven R. Sheffey said, Credit-based insurance scoring is the most significant advancement in cost-based pricing in at least the past 30 years. ²⁰⁷ In the insurance world, you do not have to explain why certain kinds of data predict risk, only that they do, he said. credit first service union

Sheffey said that authoritative research²⁰⁸ showed there are two basic explanations as to why insurers are able to find information in your credit report that is predictive of future losses. card credit mobile service

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Arkansas, Georgia, Hawaii, Idaho, Illinois, Louisiana, Minnesota, Missouri, Montana, Oklahoma, Washington, and Wisconsin. See the Web site of the National Association of Mutual Insurance Commissioners, http://www.namic.org/state/credithistory.asp, for an overview and, http://www.namic.org/state/creditlaws.asp, for a brief description of each State s law. card credit discover service

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Arizona, California, Colorado, Delaware, Florida, Georgia, Idaho, Kansas, Maine, Maryland, Massachusetts, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Rhode Island, South Carolina, Texas, Utah, Virginia, Washington, and West Virginia. Some states have more than one kind of insurance-credit scoring law, hence the overlap. (See Footnote 1) credit public service union

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Letter from Steven R. Sheffey to Evan Hendricks (undated), received in February 2004. ²⁰⁸ Sheffey said there were over 30 articles or studies supporting the stress and risk taker theories. One of them was The Use of Credit History for Personal Lines of Insurance; Report to the National Association of Insurance Commissioners, American Academy of Actuaries Risk Classification Subcommittee of the Property/Casualty Products, Pricing, and Market Committee., November 15, 2002 card credit processing service

The first explanation relates to stress. People under stress are more likely to have auto accidents. They may be more easily distracted or not react as well to certain situations (the difference between an accident and a near-miss is often just a fraction of a second). Financial problems are a known cause of stress. Therefore, some people with poor scores are more likely to experience stress and thus more likely to incur losses, Sheffey wrote.²⁰⁹ center credit service union

The second explanation relates to risk-taking behavior, he continued. Different people have different aversions to risk. Some people like to skydive. Some people are afraid of the amusement park roller coaster. Some people will run a yellow light if it was yellow when they first saw it. Some people will stay under 55 on the highway. People who are more likely to take risks are more likely to get into serious financial difficulties (bankruptcies, liens, foreclosures, etc.) than those who are more risk averse. As the studies show, people who are more likely to take risks are also more likely to get into auto accidents. Therefore, some people with poor scores are more likely to engage in risky behavior and thus more likely to incur losses. Similar reasoning probably applies to homeowners insurance as well. card credit service wireless

Neither, either, or both of these theories may be true for a particular individual. In some instances, financial difficulties might not be caused by risk-taking behavior, but will still produce stress. In other instances, however, it is the risk-taking behavior rather than stress that leads to a greater likelihood of loss, he wrote. credit security service union

The campaign was funded by The Partnership to Protect Consumer Credit, whose members included Fannie Mae, the National Retail Federation, the Consumer Banker s Association, the American Financial Services Association, Capital One, Consumer Data Industry Association, Citigroup, Household International, JP Morgan Chase, MasterCard, MBNA, and Morgan Stanley-Discover Financial Services. The net worth of these member companies easily ran in the billions of dollars.³⁶¹ credit report service

Unless Congress renews important Fair Credit Reporting Act provisions, the national credit system would be replaced by dozens of inconsistent state and local laws complicating the credit process for consumers and businesses, while hindering important identity theft and fraud protections, the group said on its Web site.³⁶² blogspot com christian

Between the associations and all the banks, credit bureaus, insurers, and retailers, dozens upon dozens of well-heeled lobbyists were dispatched to Capitol Hill. Before the hearings had even started, many Members of Congress had heard first-hand that the entire financial services industry wanted prompt re-authorization of the FCRA s preemption of state law. christian counseling credit

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www. .com ³⁶² Id. The Consumer-Privacy Side On the other side, those favoring stronger consumer protection and expansion of the state role included the U.S. Public Interest Research Group, ³⁶³ the Consumer Federation of America, ³⁶⁴ and Consumers Union, ³⁶⁵ which is publisher of the popular magazine Consumer Reports, the National Consumer Law Center;³⁶⁶ and the National Association of Consumer Advocates.³⁶⁷ credit federal service union

Aligned with these groups was the National Association of Attorneys General (NAAG), ³⁶⁸ representing state Attorneys General. Supporting roles were played by the Electronic Privacy Information Center, a well-respected organization based in Washington, D.C., ³⁶⁹ the Identity Theft Resource Center, the American Association for Retired People (AARP), and a handful of other groups and individuals with expertise in privacy, credit reporting, and/or identity theft.³⁷⁰ credit monitoring service

The House Goes First

It is customary for Congressional committees to hold public hearings before voting on legislation. Sometimes the committee members already know how they will vote and the hearings are just a formality. But sometimes the testimony can actually have an impact. ³⁶³ Led by Consumer Programs Director Ed Mierzwinski ³⁶⁴ Exec. Director Stephen Brobeck, Legislative Affairs Dir. Travis Plunkett, and Housing Director Brad Scriber credit division service

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Janell Mayo Duncan, Consumers Union legislative counsel; Shelley Curran, Policy Analyst, CU West Coast Regional Office; Gail Hillebrand, Senior Attorney, CU West Coast Regional Office; Ami Ghadia, Esther Peterson Fellow, CU Washington Office. card credit online service

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Margot Saunders and Anthony Rodriguez ³⁶⁷ Exec. Director Ira Rheingold and Newport News, Virg. attorney Leonard Bennett ³⁶⁸ Led by Julie Brill, an Assistant AG of Vermont, and Susan Henrichsen, Asst. AG of California ³⁶⁹ www.epic.org/privacy/fcra ³⁷⁰ Prof. Joel Reidenberg, of Fordham Law School, Prof. Peter Swire, Ohio State Univ. Law School and former senior privacy counselor of the Clinton Administration, and this author. consumer counseling credit inc

A subcommittee³⁷¹ of the House Financial Services Committee opened hearings on May 8, 2003. The title of the hearing, The Importance of the National Credit Reporting System to Consumers and the U.S. Economy, reflected the committee s pro-industry stance. The opening statement of Subcommittee Chairman Spencer Bachus reflected the pro-industry conclusions of the AEI-Brookings report: card credit fleet service

We will hear in detail today how our uniform credit system under the FCRA benefits consumers and the economy as a whole. Among the consumer benefits afforded by our national credit system are efficient and convenient access to credit and insurance, strong competition in the financial services marketplace, and lower costs of credit. ³⁷² card consolidation credit

Along with these price hikes, the three CRAs have specific clauses in their contracts with resellers prohibiting resellers from passing along to consumers any of the prices that the CRAs charge resellers. This means that the reseller must either absorb the cost, or be paid by the reseller s customer, the mortgage lender. Naturally, this has created friction between resellers and their mortgage broker customers. In the March 2003 issue of the official publication of the National Association of Mortgage Brokers (NAMB), one official wrote: credit free online report

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Id. ⁴⁵ Id. It seems to me that the fastest way to spoil this wonderful new service by making it look like credit repair would be for repositories to insist that credit resellers restrict mortgage brokers and lenders from charging a fee to the consumer for the upgraded credit report. The NAMB official called this restriction a baseless policy. The AAI concluded that resellers were caught between the proverbial rock and a hard place. credit federal first service

Resellers, faced with the prospect of audits and termination by the repositories, are understandably reluctant to deviate from the express terms of their contracts. But at the same time, they are loath to be perceived by their customers as holding the line on a baseless policy which costs their customers money. The repositories have been asked to clarify the rules, but have so far refused to do so. Thus, while re-scoring is a permissible business for resellers, the repositories have made it difficult or impossible for resellers to profit from it without risking the alienation of its customers. consumer credit service

As mentioned, if indeed the Big Three are putting the squeeze on independent resellers, they might be doing so to take over that portion of the market. But the motivations could run deeper. The AAI report noted that major creditors, even though they often are the cause of inaccuracy, do not want to have to deal with resellers. center credit family service

At least one national credit card issuer flatly refuses to accept inquiries from smaller credit reporting agencies, AAI wrote. The single largest concern of the repositories is to maintain the inflow of credit data, so it is to be expected that they would be protective of large credit furnishers. Thus, smaller resellers engaged in updating and correcting errors created by reporting creditors are often viewed as a liability by the repositories. credit reporting service

The AAI added: Smaller resellers are also a liability to repositories in another sense. With their primary emphasis on customer service, smaller resellers often shed light on repository practices and the extent of their compliance with laws and regulations. They expose inaccuracies and errors in credit data and also educate the public about the industry and about the legal rights of consumers. cca credit division service

In March 2004, the National Credit Reporting Association and its members filed separate anti-trust lawsuits in federal court in California and California state court against Equifax, Experian, and Trans Union. The case was pending when this book went to press. After the lawsuits were filed, some re-sellers complained of retaliation, as at least one of the major CRAs exercised its right under their contracts to conduct an audit. credit free report service

Unless the lawsuit results in major changes, consumers should not expect all mortgage brokers to inform them about re-scoring. Those mortgage bankers or brokers who make higher commissions on sub-prime borrowers actually have a disincentive, as re-scoring could cut into their incomes when the borrowers get better rates. card credit customer discover

Moreover, because of all the price hikes, cost can be a major factor for brokers and mortgage companies that are expected to absorb the cost of re-scoring. In 2000, the aver-age re-score, consisting of two tradelines corrected on reports issued by two of the three CRAs, would cost the re-seller $28.00 (using the high of 7.00 per trade), a figure that was palatable to most mortgage bankers/brokers. That same re-score would now cost the reseller approximately $120. credit repair report service

At MBNA, an investigation similarly consists of a comparison of the disputed data with information in its database, the Customer Information System (CIS). One of the first to delve into its practices was Leonard Bennett, a Newport News, Virginia attorney who represented Linda Johnson. The lawsuit swirled around an MBNA MasterCard opened by plaintiff Linda Johnson s ex-husband, Edward Slater, in 1987 - four years before he married her. They had since divorced. Johnson said she was only an authorized user, which meant she was not responsible for paying the account. In December 2000, Slater filed for bankruptcy, and MBNA promptly removed his name from the account. That same month, MBNA contacted Johnson and informed her that she was responsible for the approximately $17, 000 balance on the account. After obtaining copies of her credit report from Experian, Equifax, and Trans Union, Johnson disputed the MBNA account with each of them. Experian and Trans Union sent automated consumer dispute verifications (ACDVs) to MBNA specifically indicating Johnson s claim that she was not a co-obligor on the account. credit legal repair service

MBNA agents responded by comparing the disputed data with the account information contained in MBNA s computerized Customer Information System (CIS). Since the two were identical, MBNA verified that the disputed information was correct. In other words, MBNA did nothing more than confirm that it indeed reported the original (inaccurate) data. The CRAs continued to report it on Johnson s credit report. cic credit monitoring service

Tricia Furr, an MBNA credit reporting specialist, confirmed that MBNA s Desktop Procedure manual directs specialists to confirm a match of two out of three identifiers - name, address and/or SSN. Once a two-out-of-three match is established, MBNA can inform the CRA that the disputed information is verified as reported. Ms. Furr said that MBNA s reinvestigations do not go beyond the information contained in its own CIS.¹²⁷ ccs credit division service

Furr

: I looked at the balance that we have on CIS and the history of the account as compared to the trade line as opposed to what we had on our Customer Information screen... Bennett: In performing the investigation and re-investigation of consumer disputes, once it receives an ACDV¹²⁸ from a credit reporting agency, when are MBNA s credit reporting specialists supposed to look beyond the Customer Information System for investigation ...I am asking the practices and procedures now. credit service union worker

Furr

: The Customer Information System is the only thing that we have to use for verification. So, there is no where else to look. Bennett: Do you ever pull documents, like old statements, and check payments and credit card applications Furr: No, sir. ¹²⁷ The depositions of MBNA personnel were taken in the case, Linda Johnson v. MBNA America Bank, N.A., Slip Op. No. 3:02 cv 523, U.S. District Court For The Eastern District of Virginia (Richmond Division). 1st credit service union

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The dispute form is known as an ACDV, or Automated Consumer Dispute Verification Reading from MBNA s internal records, MBNA Vice President Edward Hughes quoted an MBNA employee s communication to a customer s attorney: It would be up to (c)ard holder to prove MBNA was reporting wrong, not MBNA proving right. card chase credit customer

Here Comes The Judge

In a sense, Hughes statement proved to be wrong. Linda Johnson was one of the few consumers who sued and actually had the chance to tell her story to a jury. MBNA argued that it verification methods complied with the FCRA. The jury disagreed, and awarded Johnson $90, 300. Judge Richard Williams affirmed the jury verdict. According to [MBNA], the duty to investigate means that any investigation is sufficient, no matter how cursory. Such a construction is illogical. There would be no point in having the statute, and the requirement of an investigation, if there was no qualitative component to the investigation. The statute itself does impose a qualitative component to the [MBNA s] negligence Judge Williams said.¹²⁹ card chase credit service

In general, one would expect credit scores and credit reports to play a key role in evaluating a consumer s credit worthiness. In fact, the federal law known as the Fair Credit Reporting Act (FCRA) specifies that credit reports can be used for credit, insurance, and employment purposes. citi credit monitoring service

⁷ Fair Isaac Co. via The Hartford Courant

, http://banking.senate.gov/03_07hrg/071003/chart01.pdf ⁸ www.myfico.com, visited December 23, 2004 ⁹ The Hartford Courant, see Footnote 6; (2003 data) The first problem, however, is that most Americans do not understand how the credit reporting system works, how their credit scores are calculated, the important ways in which credit reports and scores can effect their financial well-being, or what they can do about it. credit plus service union

A second problem is the potential for inaccuracy in the credit report data that are used to calculate credit scores. Over the past 13 years, abundant evidence has emerged to indicate that inaccuracy has been and continues to be a significant problem for the nation s credit reporting system. As we will see, damages to consumers stemming from credit report inaccuracy can range from the economic to the emotional. credit farm service

A third problem is that identity theft, considered the nation s fastest-growing crime, poses a direct threat to the accuracy and integrity of data in the credit reporting system. Identity thieves typically steal an individual s identifiers, such as Social Security number, name, address, date-of-birth, and/or mother s maiden name, and then use them to obtain credit in that individual s name. When debts created by the identity thief go unpaid, creditors report the negative payment history to the credit report of the innocent victim. 1st credit federal service

Consequently, the innocent victim s credit report is polluted by highly negative information that is inaccurate because it does not reflect that victim s activities. Multiply this dynamic by millions of cases each year and you will see why identity theft raises serious concerns about ensuring accuracy in credit report data. credit paychex service tax

Like your own credit score, the credit scoring and credit reporting system is a work in progress. It would be inaccurate to characterize the system as totally or always unfair. But it clearly cannot be depicted as totally or always fair either. And, as we will see, when the system breaks down, the impact on individuals can range from inconvenient annoyance to life-altering devastation. credit service tax

Spreading Awareness

This book is written to address these and a host of other issues concerning credit reporting in America. The book is designed to help readers gain a greater understanding of the credit reporting and scoring system, and how it impacts them. It would seem that greater awareness is needed. According to a July 2003 survey by the Consumer Federation of America, Only 25 percent of Americans-and less than 20 percent of those with incomes below $35, 000-said they knew what their credit score was. But only three percent of Americans could, unprompted, name the three main credit bureaus Experian, Equifax, and Trans Union that provide both lenders and consumers with information from credit reports. Forty-three percent of Americans-only 35 percent of those with incomes below $35, 000-said they had obtained a copy of their credit report from the three credit bureaus in the past two years. ¹⁰ aeon credit service

As the disclaimer states, this book does not give legal advice. Legal advice can only be given case-by-case by a lawyer, which this author is not. This also is not a credit repair book. This author repeats the advice of consumer protection officials: be very, very leery of outfits that call themselves credit repair clinics. Contrary to its literal meaning, the common use of credit repair connotes improving one s credit score through the removal of negative-but-accurate data. There is no guaranteed method for removing accurate information from a credit report, whether it is positive or negative. But promising that you can do so and charging money in advance is a violation of federal law, according to the FTC. credit one service union

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