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Financial Services Law Insights and Observations

CFPB opines on junk data in credit reports

Agency Rule-Making & Guidance Federal Issues CFPB Junk Fees FCRA Credit Report Credit Furnishing Consumer Finance

Agency Rule-Making & Guidance

On October 20, the CFPB issued an advisory opinion, Fair Credit Reporting; Facially False Data, as part of a series of actions being taken by the Bureau to ensure consumer reporting companies comply with consumer financial protection laws. The advisory opinion emphasizes, among other things, that “a consumer reporting agency that does not implement reasonable internal controls to prevent the inclusion of facially false data, including logically inconsistent information, in consumer reports it prepares is not using reasonable procedures to assure maximum possible accuracy under section 607(b) of the [FCRA].” According to the Bureau, consumer reporting companies are legally required to follow reasonable procedures to assure maximum possible accuracy of information that they collect and report. As part of that requirement, companies must implement policies and procedures to screen for and eliminate junk data, including being able to detect and remove inconsistent account information and information that cannot be accurate. Additionally, companies’ internal controls must also be able to identify and prevent reporting of illegitimate credit transactions for a minor.

For more details on the CFPB’s advisory opinion program, please see InfoBytes coverage here.