☑️ Chapter 8: Federal Privacy Protection and Consumer Identification Laws Flashcards
Fair Credit Reporting Act
(FCRA): Regulation V:
Regulation V implements the Fair Credit Reporting Act, a federal law dealing with the GRANTING of credit, ACCESS to credit information, the Rights of debtors, and the Responsibilities of creditors. A ______ is defined as “a person who regularly extends consumer credit that is subject to a finance charge or is paid by written agreement in more than four installments, and to whom the obligation is originally payable.
A. Creditor
Fair Credit Reporting Act
(FCRA) : Regulation V:
The Fair Credit Reporting Act, implemented in 1970, was the first legislation to address ____. It is important to remember that when this legislation was enacted, the nation had NOT YET fallen victim to the current level of identity theft.
Americans were LESS concerned about their identity being STOLEN and MORE concerned about ACCESS to their personal credit information.
A. Credit Reporting
Fair Credit Reporting Act
(FCRA): Regulation V:
Consumer Rights:
The Fair Credit Reporting Act provides consumers with the rights to:
• An ______ notice.
• A _____ of the consumer credit report.
• Request their credit _____.
• _______ incomplete or inaccurate information.
• Limit ______ offers.
As of September 21, 2018, pursuant to the Economic Growth, Regulatory Relief, and Consumer Protection Act, nationwide consumer reporting agencies are now required to provide “______” free of charge to consumers.
A. Adverse Action
B. Copy
C. Score
D. Dispute
E. Pre-Screened
F. National Security Freezes
Fair Credit Reporting Act
(FCRA): Regulation V:
Credit Scores, and Credit Reports:
The Consumer Financial Protection Bureau defines the difference between a credit score and a credit report:
A credit ______ is a statement that has information about vour credit ____ and current credit _____ such as loan paying history and the status of your credit accounts. Credit reports often include:
• Personal information
• Current and historical credit accounts, including the type of account (mortgage, installment, revolving, etc.)
• Public records
• Inquiries
A. Report
B. Activity
C. Situation
Fair Credit Reporting Act
(FCRA): Regulation V:
Credit Scores, and Credit Reports:
The Consumer Financial Protection Bureau (CFPB) defines the difference between a credit report and a credit score:
A credit _____ predicts how likely vou are to _____ back a loan on time. A scoring model uses information from your credit report to create a credit score. Some factors that make up a typical credit score include:
• Bill-paying history
• Current unpaid debt
• Number and type of loan accounts you have
• Length of time loan accounts are open
• Available credit currently utilized
• New applications for credit
• Debt sent to collection, foreclosure, or bankruptcy (and when this event occurred)
A. Score
B. Pay
Fair Credit Reporting Act
(FCRA): Regulation V:
Adverse Action Notice:
Any entity that uses a credit report or another type of consumer report to deny an application for credit, insurance, or employment-or to take another adverse action–must provide the consumer with the name, address, and phone number of the _____ that provided the information. The requirements under the FCRA differ somewhat from those under the Equal Credit Opportunity Act (ECOA), although both laws can be satisfied with a single _____ notice.
A. Agency
B. Adverse Action
Fair Credit Reporting Act
(FCRA): Regulation V:
Title ____ of the Dodd-Frank Wall Street Reform and Consumer Protection Act, amended the Fair Credit Reporting Act (FCRA) to require a creditor to provide a consumer with a written or electronic _____ of the numeric credit score used in taking any adverse action, including a _____ notice.
A. X
B. Disclosure
C. Risk-Based Pricing
Fair Credit Reporting Act
(FCRA): Regulation V:
Dispute Incomplete or
Inaccurate Information:
Consumers have the right to ___ any incomplete or inaccurate information found in their credit report.
The consumer reporting agency must correct or delete inaccurate, incomplete, or unverifiable information.
‘The act of disputing a trade line does not require its removal, only its investigation.
A. Dispute
Fair Credit Reporting Act
(FCRA): Regulation V:
Limit Prescreened Offers:
Consumers may choose to limit “prescreened” offers of credit and insurance based on information in their credit report. _______ prescreened offers for credit and insurance must include a toll-free phone number to be removed from the lists on which these offers are based.
A. Unsolicited
Fair Credit Reporting Act
(FCRA): Regulation V:
Consumer Reporting Agency Obligations:
In May 2018, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act. Section _____ of the Act amended the FCRA with regard to fraud alerts, credit freezes and protecting credit records of minors. Under the Fair Credit Reporting Act, consumer reporting agencies:
• May NOT report _____ negative information.
In most cases, a consumer reporting agency may not report negative credit information that is more than seven years old or bankruptcies that are more than ten years old. There is no time limit on the reporting of criminal convictions [see 15 U.S.C.
§1681c).
• Must limit access to a credit report. A consumer reporting agency may provide information to people with a legitimate business NEED -usually to consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a VALID need for access.
A. Section 301
B. Outdated
Fair Credit Reporting Act
(FCRA): Regulation V:
Consumer Reporting Agency Obligations:
In May 2018, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act. Section 301 of the Act amended the FCRA with regard to fraud alerts, credit freezes and protecting credit records of minors. Under the Fair Credit Reporting Act, consumer reporting agencies:
• May NOT give out consumer credit information to an employer, or a potential employer, without ______ consent given by the consumer.
• Must include INITIAL fraud alert in a consumer’s file for a minimum of ____ year.
A. Written
B. One
Fair Credit Reporting Act
(FCRA): Regulation V:
Consumer Reporting Agency Obligations:
In May 2018, Congress passed the Economic Growth, Regulatory Relief, and Consumer Protection Act. Section 301 of the Act amended the FCRA with regard to fraud alerts, credit freezes and protecting credit records of minors. Under the Fair Credit Reporting Act, consumer reporting agencies:
• Must provide a national credit freeze free of charge to consumers [see U.S.C. $1681c-1].
• MUST provide the following DISCLOSURES:
o Summary of ______ Rights - summarizes a consumer’s right to obtain and dispute information in consumer reports and to obtain credit scores.
o Summary of Consumer _____ Rights
- summarizes a consumer’s rights when a victim of identity theft.
o Notice of National ______ Right
- new disclosure that must be provided when consumer receives either of the above summaries.
A. Consumer
B. Identity Theft
C. Security Freeze
Fair and Accurate Credit Transactions Act (FACTA):
Access to Credit Reports:
The FCRA gave consumers the right to ask for a FREE copy of their credit score from any consumer reporting agencies that create or distribute scores used in residential real property loans but PERMITTED reporting agencies to CHARGE a ___ for the score. Prior to the passage of the FACT Act, consumers had to _____ to get a copy of their credit report from each of the three national credit bureaus:
a.
b.
c.
A. Pay
B. Fee
C. Equifax
D. Experian
E. TransUnion
Fair and Accurate Credit Transactions Act (FACTA):
Access to Credit Reports:
The FCRA only allowed consumers a _____ copy of their credit report from a consumer credit reporting agency under these circumstances:
• The information in a credit report resulted in ______.
• The consumer was a victim of identity theft and a ______ was inserted in the credit report.
• The credit report contains inaccurate information as a result of _____.
• The consumer is on public assistance or is ______.
A. Free
B. Adverse Action
C. Fraud Alert
D. Fraud
E. Unemployed
Fair and Accurate Credit Transactions Act (FACTA):
Access to Credit Reports:
One of the major provisions of the FACT Act is to allow consumers easier _____ to their credit reports as a way to spot possible identity theft and to allow dispute of inaccurate information. With the passage of the FACT Act, consumers applying for home loans are now required to receive the ________ Disclosure notice, which explains their rights. The FACT Act allows consumers to request and obtain a free copy of their credit report once every ____ months from each of these credit bureaus by contacting a centralized website, maintained in cooperation with the Federal Trade Commission.
A. Access
B. Home Loan Applicant Credit Score Information
C. 12
Fair and Accurate Credit Transactions Act (FACTA):
Fraud Alerts and Freezes:
If a consumer believes he has been a victim of identity theft, the FACT Act allows the consumer to contact the credit bureau and place a _____.
If an MLO is running a credit report and sees a fraud alert, he must contact the person whose ______ is on the account at the number provided to the credit bureau or take other reasonable steps to ensure that the person applying for a mortgage loan is not really an identity thief. The minimum timeframe that a consumer reporting agency must include a fraud alert in a consumer’s file is ____ year.
A. Fraud Alert
B. Name
C. One
Fair and Accurate Credit Transactions Act (FACTA):
Fraud Alerts and Freezes:
The FACT Act also allows consumers to place a credit freeze, free of charge, to prevent the information from showing on a credit report. When applying for a loan, the consumer may then temporarily “______” the credit report by contacting the credit bureau that is “_____” the report to obtain a temporary password, which allows a credit reporting agency to access the report.
Recent amendments have given very specific time deadlines for credit bureaus to place and remove credit freezes when requested by the consumer.
A. Thaw
B. Freezing
Fair and Accurate Credit Transactions Act (FACTA):
Fraud Alerts and Freezes:
Finally, the Act allows members of the _______ who are deploying overseas to place a credit freeze, thereby making fraudulent applications for credit more difficult.
A. Military
Fair and Accurate Credit Transactions Act (FACTA):
Truncation of Credit and
Debit Card Numbers:
The FACT Act prohibits businesses from printing more than _____ digits of any customer’s credit/debit card number or expiration date on any receipt provided to the cardholder at the point of sale or transaction. The provision _____ handwritten or imprinted receipts if that is the only method of recording the card number.
A. 5
B. Excludes
Fair and Accurate Credit Transactions Act (FACTA):
Security and Disposal:
To further protect the privacy of consumer financial information, the FACT Act requires businesses to take measures to responsibly _____ and ______ of sensitive personal information found in a consumer’s credit report. Reasonable methods for security and disposal include:
• ______ or ______ papers that contain consumer report information so that information cannot be reconstructed.
• _______ or ______ electronic files or media so that information cannot be recovered or reconstructed.
• Placing all pending loan documents in _____ desks, cabinets, or storage rooms at the end of the workday.
A. Secure and Dispose
B. Burning or Shredding
C. Destroying or Erasing
D. Locked
Fair and Accurate Credit Transactions Act (FACTA):
Red Flags Rule:
As Congress went into final hearings on FCRA amendments, several widely reported surveys on the number of identity theft victims were released. A September 2003 Federal Trade Commission report estimated approximately 10 million people were victims of identity theft in 2002 alone. This resulted in the enactment of Section _____ of the FACT Act.
A. Section 114
Fair and Accurate Credit Transactions Act (FACTA):
Red Flags Rule:
Red Flags Rules, which require:
• Financial institutions and creditors to implement a WRITTEN identity theft _____ program.
• Card issuers to assess the _____ of change of address requests.
• Users of consumer reports to reasonably VERIFY the IDENTITY of the subject of a consumer report in the event of a notice of address ______.
A. Prevention
B. Validity
C. Discrepancy
Fair and Accurate Credit Transactions Act (FACTA):
Red Flags Rule:
Section 114 applies to federal and state-chartered _____ and credit unions, non-bank lenders, mortgage brokers, any person who regularly participates in a ______–including setting the terms of credit, and any person who requests a consumer report. Every organization has the flexibility to define a program that is appropriate to the size and operation of their particular business.
A. Banks
B. Credit Decision
Gramm-Leach-Bliley Act (GLB Act):
The ______ Act of 1999, also known as the Gramm-Leach-Bliley Act under Regulation ____, includes provisions in GLB Act Title ____ - Privacy:
GLB was enacted to protect and regulate the ______ of consumers’ personal financial information. There are three principal parts to the privacy requirements:
a.
b.
c.
A. The Financial Services Modernization Act
B. Regulation P
C. Title V - Privacy
D. Disclosure
E.
a. The Financial Privacy Rule
b. The Safeguards Rule
c. Pretexting Provisions
Gramm-Leach-Bliley Act (GLB Act):
The GLB Act gives authority to the Federal Trade Commission (FTC) and several other federal and state agencies to administer and enforce GLB Act Title V - ______ .
These regulations apply to financial institutions, which include NOT ONLY banks, securities firms, and insurance companies, but also _____ providing many other types of financial products and services to consumers, such as:
• Lending, brokering, or servicing any type of consumer ____
• Transferring or _____ money
• Preparing individual ___ returns
• Providing financial advice or credit counseling
• Providing residential real estate ________ services
• Collecting consumer _____
A. Title V - Privacy
B. Companies
C. Loan
D. Safeguarding
E. Tax
F. Settlement
G. Debts
Gramm-Leach-Bliley Act (GLB Act):
Financial Privacy Rule:
Information that many would consider private-including bank balances and account numbers–is regularly bought and sold by banks, credit card companies, and other financial institutions.
The Financial Privacy Rule governs the _____ and ____ of customers’ personal financial information-known as _____ personal information– _____when and under what circumstances such information may be disclosed to affiliates and to non-affiliated third parties.
A. Collection
B. Disclosure
C. Non-Public
D. Restricting
Gramm-Leach-Bliley Act (GLB Act): Financial Privacy Rule:
Non-_____ personal information could include the following types of information:
• What a consumer or customer PUTS on an _____
• Data about the individual from another source, such as a _____ bureau
• Transactions between the individual and the company, such as an account BALANCE, payment HISTORY, or credit/debit card PURCHASE information.
• Whether an individual is a ____ or ______ of a particular financial institution
A. Public
B. Application
C. Credit
D. Consumer
E. Customer
Gramm-Leach-Bliley Act (GLB Act):
Financial Privacy Rule:
These restrictions are based on a REQUIRED _____ notice provided to the consumer, explaining the lender’s information collection procedures and information sharing and transfer practices. A financial institution must disclose its policy to consumers _____ they disclose personal information, disclose the policy ______ for customers throughout the financial relationship, and PROVIDE the consumer instructions on how to _____ of having this information shared.
A. Consumer Privacy Policy
B. Before
C. Annually
D. Opt-out