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| Topics and Issues | Credit Header (15) |
On February 8, 2023, a coalition of “immigrant rights, consumer rights, and privacy organizations” wrote to the CFPB asking it “to use the full force of its authority under the [FCRA] to rein in widespread harmful behavior by the data broker industry.” This coalition asked the Bureau to “bring enforcement actions against data brokers already determined to be in violation of FCRA, as well as use its rulemaking authority to revise regulations implementing FCRA to ensure and clarify the Act’s coverage of data brokers when they sell data that should be considered a ‘consumer report.’” Since the consumer groups observed that “rulemaking may take an extended period of time to finalize,” it asked that “in the interim [the] CFPB [should] swiftly issue an Advisory Opinion (AO) clarifying that ‘credit header’ data is not exempt from regulations promulgated under the [FCRA].”
In April 2023, CDIA responded to that consumer groups’ special interest letter. In May 2023, several trade associations also responded to the consumer groups’ letter. That letter was signed by the American Bankers Association, the ACA, the Consumer Data Industry Association, the Credit Union National Association, the Independent Community Bankers of America, and the National Association of Federally-Insured Credit Unions.
The February 2023 consumer groups letter was signed by the Center for Democracy & Technology, the Center on Privacy & Technology at Georgetown Law, Consumer Action, Consumer Reports, Demand Progress Education Fund, the Electronic Privacy Information Center (EPIC), Just Futures Law, Mijente, the National Consumer Law Center (on behalf of its low-income clients), and U.S. PIRG.
Consumer groups have attacked credit header data for a long time, and they may have found traction by branding credit header information in the larger context of data brokers. Consumer groups wrote a letter to the CFPB in January 2020, and Sen. Wyden wrote to the Bureau in December 2021.