Credit Guides And Credit Services

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. credit pacific service union

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 credit first service union

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. card credit mobile service

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). card credit discover service

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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. credit public service union

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 credit processing service

MBNA appealed Judge Williams decision. But on February 11, 2004, a three-member panel of the U.S. Court of Appeals for the Fourth Circuit affirmed, finding that MBNA s standard response to consumer disputes did not amount to a true reinvestigation under the FCRA. center credit service union

¹²⁹ Johnson v. MBNA

, op. cit., bench ruling February 24, 2003 MBNA argues that the language of 1681s-2(b)(1)(A), requiring furnishers of credit information to conduct an investigation regarding disputed information, imposes only a minimal duty on creditors to briefly review their records to determine whether the disputed information is correct, the panel wrote, in an opinion authored by Chief Judge William W. Wilkens. Stated differently, MBNA contends that this provision does not contain any qualitative component that would allow courts or juries to assess whether the creditor s investigation was reasonable. ¹³⁰ card credit service wireless

The key term at issue here, investigation, is defined [by the dictionary] as a detailed inquiry or systematic examination. Thus, the plain meaning of investigation clearly requires some degree of careful inquiry by creditors, he wrote. credit security service union

Further, he said, the statute uses the term investigation in the context of articulating a creditor s duties in the consumer dispute process outlined by the FCRA. It would make little sense to conclude that, in creating a system intended to give consumers a means to dispute and, ultimately, correct inaccurate information on their credit reports, Congress used the term investigation to include superficial, unreasonable inquiries by creditors. We therefore hold that 1681s-2(b)(1) requires creditors, after receiving notice of a consumer dispute from a credit reporting agency, to conduct a reasonable investigation of their records to determine whether the disputed information can be verified. credit report service

MBNA also tried to argue that its investigation in Johnson s case was reasonable. But the court pointed to the specific nature of Johnson s dispute, and the testimony of MBNA agents that their investigation was primarily limited to (1) confirming that the name and address listed on the ACDVs were the same as the name and address contained in the Customer Information System, and (2) noting that the CIS contained a code indicating that Johnson was the sole responsible party on the account. blogspot com christian

The MBNA agents also testified that, in investigating consumer disputes generally, they do not look beyond the information contained in the CIS and never consult underlying documents such as account applications. Based on this evidence, a jury could reasonably conclude that MBNA acted unreasonably in failing to verify the accuracy of the information contained in the CIS, he wrote. christian counseling credit

But Sallie Mae never told anyone. It came to light in the Autumn of 2003 when Chris Neuswanger, a Colorado mortgage broker, noticed that a young home-buying client had been pushed into a high-rate loan solely because two of his three credit bureau reports omitted his large, on-time student loan payments with Sallie Mae, depressing his credit score by 40 points. Eric Borgeson, a 31-year old architect, said Sallie Mae s less-than-full reporting practice cost him $200 a month more than it should have, plus higher closing costs and a $5, 000 prepayment penalty. I got shafted by Sallie Mae, said Borgeson, who reportedly was considering legal action. Kenneth Harney of the Washington Post broke the story.²⁹³ credit federal service union

Caroline Wright, a 34-year-old student from Virginia, told the Post s Michelle Singletary that a mortgage broker told Wright she would have trouble getting a good interest rate on a home loan if her on-time payments to Sallie Mae were missing from her Experian and Trans Union reports files. credit monitoring service

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www.salliemae.com ²⁹³ Harney, Kenneth, Sallie Mae s History Lesson, Washington Post, November 15, 2003, pg. F1 They weren t protecting me, Wright said. They were doing exactly the opposite. ²⁹⁴ The controversy came in the latter stages of Congress s consideration of amendments to the Fair Credit Reporting Act. Once the story broke, Senator Richard Durbin (D-IL) prepared legislation to require Sallie Mae to resume reporting to all three credit bureaus. Soon thereafter, Sallie Mae sent a letter, promising to continue reporting to Experian and Trans Union. Undeterred, Durbin said he would offer his amendment as part of the Higher Education Act, instead of the FCRA. credit division service

Students Credit Cards

Another challenge facing graduates is a high level of credit card debt, often at high interest rates. Prof. Robert Manning of Rochester Institute of Technology, and author of Credit Card Nation, ²⁹⁵ told Congress, What is striking in the acknowledgement of the credit card industry is that college students are a desirable market because of their ignorance of personal finance and their lack of consumer debt. ²⁹⁶ card credit online service

The marketing of credit cards has shifted rapidly over the last five years from college upperclassmen to college freshmen and high school seniors. More significantly is the recognition that student consumption has a large debt component that is increasingly financed by family loans, federally subsidized student loans, summer earnings, and part-time employment during the academic year, and even with other credit cards. consumer counseling credit inc

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Singletary, Michelle, Giving Students Due Credit for History, Washington Post, Nov. 6, 2003, pg. E3 ²⁹⁵ Credit Card Nation: America s Dangerous Addiction to Consumer Credit (Basic Books, 2001). ²⁹⁶ Statement of Prof. Robert Manning before the House Financial Services Subcommittee on Consumer Credit, June 12, 2003. http://financialservices.house.gov/media/pdf/061203rm.pdf card credit fleet service

Three out of five students with credit cards in our survey had already maxed them out during their freshmen year and, three out of five freshmen with multiple credit cards were already using bank cards to pay for other revolving credit accounts. Furthermore, this survey reveals that nearly three-fourths of students use their student loans to pay for their credit cards. Not incidentally, recent studies indicate that this indiscriminate marketing to college students has led to high incidences of fraud and identity theft among this young adult population, Manning testified.²⁹⁷ card consolidation credit

Not surprisingly, Manning recommends that students check their credit reports. Clearly, today s graduates face greater challenges in managing their finances so as not to jeopardize their finances. The National Consumers League has a page on its Web site dedicated to student debt issues.²⁹⁸ Divorce Divorce can have a dramatic impact on the divorcee s credit score and credit report. A major problem is that divorcees often don t realize the extent to which their credit relationships can continue to entangle each other s lives well after divorce. Or, they are so overwhelmed with the emotional and logistical difficulties of separation that there is little time left for separating and straightening out credit relationships. But that is precisely what you need to do: ensure that your name is no longer on accounts for which you are not responsible for paying. During the divorce, the husband and wife usually work out a division of debts that receives final approval from the judge. Divorcees often think that any debt assigned to their ex-spouse by the court frees them from that debt for ever after. credit free online report

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. ²⁹⁸ www.nclnet.org/moneyandcredit/index.htm The problem is that your creditors usually don t know about your divorce. In terms of the credit report, problems arise when the ex-spouse who is responsible for paying an account, fails to, and the other spouse, according to the creditor s records, is still a co-signer or joint user or otherwise associated with the account. The failure to pay goes on the credit report of the innocent spouse, creating a fresh derogatory that slams that spouse s credit score. credit federal first service

Thus, it is vital that divorcees identify all of their accounts and separate them completely. This includes mortgages, credit cards, bank loans, debit cards, store charge cards, lines of credit, and overdraft checking. Some authors suggest that spouses begin separating accounts as soon as they consider separating.²⁹⁹ consumer credit service

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: center credit family service

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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 reporting 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. cca credit division 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. credit free report 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. card credit customer discover

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. credit repair report 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 legal repair 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. cic credit monitoring service

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. ccs credit division service

Veracity - How to Get Your Credit Report for Free

We d like to help you learn about yourself... - Simon Garfunkel Mrs. Robinson In this chapter, we will explain how to order copies of your credit report⁴⁶ and credit scores from the newly created Centralized Source, either by mail, by phone, or via the Internet. We will also explain how to order them directly from Equifax, Experian, Trans Union, and Fair Isaac. If you want contact information right away, go directly to page 75, and to page 85 for Fair Isaac. credit service union worker

By September of 2005, all Americans will be entitled to obtain one free copy per year of their Equifax, Experian, and Trans Union credit reports from the Centralized Source (credit scores are not included and always come with a price). The free report and the Centralized Source were mandated by Congress when it passed the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). The goal of the law is to improve credit report accuracy and fairness by encouraging Americans to review their credit reports. 1st credit service union

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Technically, the CRAs define the report they give to you as a consumer disclosure. The version that is given to their subscribers, the credit grantors, when you apply for credit, is defined as a credit report. For simplicity and stylistic purposes, we will generally refer to consumer disclosures as credit reports. card chase credit customer

To further this goal, Congress left in place all of the existing reasons that consumers were entitled to free reports (see pages 75-76). The bottom line: If you know your rights, you can regularly check your credit report throughout the year at little or no cost. This is a significant advance, considering that Equifax, Experian, Trans Union and others each charge between $89-$119 annually for ongoing credit report monitoring services. card chase credit service

This chapter should help cost-conscious consumers figure out the most economical way to obtain their credit reports. For those whom cost is not an issue, this chapter should help them decide the fastest way to get the most complete picture. citi credit monitoring service

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 plus 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 farm service

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. 1st credit federal 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. credit paychex service tax

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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 service tax

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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 aeon credit 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 credit one 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. bad cell credit phone service

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. counseling credit debt service

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Sheffey letter, op. cit. Sheffey said another theory is that credit history reflects personal responsibility and that one who prudently manages one s finances is prudent and responsible in the realms of homes and cars as well.²¹⁰ A derivation would be that financially stable people would be more likely to pay for a minimal loss themselves because they have the financial wherewithal, rather than file a claim. ²¹¹ Similarly, some insurers believe that financially stable individuals are likely to exhibit stability in many other aspects of their lives.²¹² card credit payment service

Sheffey said Allstate was not aware of any research that supported these theories, but was emphatic that the risk-taking and stress theories were well supported by research. Key Factors For Insurers According to the American Insurance Association, here are some of the kinds of data from credit reports that are of most interest to insurance scoring models: card credit merchant

• Payment History counseling credit family

• Bankruptcies annual credit report request

• Collections area bay credit service

• Length Of Credit History atlanta consumer counseling

• Amount Of Outstanding Debt account card credit merchant

• New Applications For Credit aspire card credit customer

• Types Of Credit In Use card counseling credit service

The debate over the link between credit reports and insurability promises to continue, as few consumer advocates have been persuaded by Sheffey s arguments. ²¹⁰ Insurance Information Institute, The Use of Credit Information as an Underwriting Tool in Personal Lines Insurance, Brookings Institution Presentation, February 27, 2003. card credit online processing

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 consolidated counseling credit

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. check credit service

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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 card credit online payment

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 civil credit ontario 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 antonio credit san security

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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 cardmember chase credit

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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. clean credit repair service

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: credit management 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 colorado credit public service

The Republicans had the votes in the committee. The financial industry lobbyists had blanketed the Hill. Senator Tim Johnson (D-SD) and Rep. Patrick Tiberi (R-OH) had both introduced bills that would make preemption permanent and which were silent on consumer protection.³⁷³ Everything seemed set for smooth sailing. Even Federal Reserve Board Chairman Alan Greenspan heartily endorsed keeping pre-emption of state law.³⁷⁴ consolidation counseling

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Subcommittee on Financial Institutions and Consumer Credit ³⁷² Opening Statement of Chairman Spencer Bachus, The Importance of the National Credit Reporting System to Consumers and the U.S. Economy, May 8, 2003. ³⁷³ No senator agreed to co-sponsor Johnson s bill. In praising the credit card industry at a June hearing, Tiberi said his father was an immigrant who used his credit card to buy everything and received cash back at the end of the year. bureau card credit service

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Blackwell, Rob; Greenspan Is 1st Regulator To Endorse FCRA Extension, The American Banker; February 13, 2003. Actually, Greenspan was quite vague, stating, The system cannot function without ... the credit histories of individual borrowers, he said. I should certainly hope that it is maintained. He did not address accuracy and reliability problems, even though his own researchers had found such problems. (See Footnote 27, Chapter 10 on history) card credit customer service

There was one problem. At the opening hearing, Assistant Treasury Secretary Wayne Abernathy stunned many Republicans when he testified that the Bush Administration had not yet finalized its position on the FCRA. Therefore, he said, he could not even say whether the Administration supported extension of the law s preemption provision, or whether new safeguards were needed to help consumers fight against identity theft.³⁷⁵ credit financial service

What happened According to sources, political higher ups in the White House discovered through their polling data that the vast majority of Americans cared strongly about such issues as financial privacy, credit report accuracy, and identity theft. The polling data indicated it actually could be risky to endorse industry s wish for preemption without due consideration for consumers interest. In other words, the Bush Administration was still at the drawing board. It was clearly a setback for the industry s fast-track timetable. card citibank credit customer

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