Resellers Must Comply With the FCRA

David A. Szwak

Resellers Must Comply With the FCRA

Postby David A. Szwak » Mon Nov 07, 2005 11:35 pm

"Resellers" are those companies that purchase consumer report information from one or more of the three large consumer reporting agencies (Equifax, Experian, and Trans Union) and sell the information to other users, and are required to comply with all of the provisions of the Fair Credit Reporting Act [FCRA], 15 U.S.C. 1681-1681u, that apply to consumer reporting agencies. Resellers regularly assemble consumer credit information and sell the information to third parties in the form of consumer reports. They therefore fall within the FCRA's definition of "consumer reporting agency." Section 1681a[f]. This definition was not altered by the 1996 FCRA amendments, which went into effect on September 30, 1997. Thus, resellers continue to be "consumer reporting agencies" under the amended FCRA and must comply with the full panoply of FCRA provisions. Order in the Matter of First American Real Estate Solutions, LLC, Docket No. C-3849; Donald Clark, FTC Informal Staff Op. Letter, “Meltzer Letter,” 7/23/99, Wilson v. Rental Research Servs., Inc., 165 F.3d 642 (8th Cir. 1999) [Finding Rental Research Services, Inc., is a "reseller" and a "consumer reporting agency" under the FCRA].

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