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#2152675 - 11/08/17 04:04 PM Negative Information Notice Needed for Deposits?
Jackie E. Offline
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Joined: Jul 2017
Posts: 17
If we report a charge off deposit account to Check Systems, do I need to have a negative information notice? Do you consider Check Systems a Credit Reporting Agency?

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#2152682 - 11/08/17 04:35 PM Re: Negative Information Notice Needed for Deposits? Jackie E.
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
It only applies to agencies as defined in 603(p) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.— The term “consumer reporting agency that compiles and maintains files on consumers on a nationwide basis” means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumer’s creditworthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide:

ChexSystems is not a nationwide agency
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2162812 - 02/01/18 09:20 PM Re: Negative Information Notice Needed for Deposits? rlcarey
ccman Offline
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Joined: Sep 2007
Posts: 937
This is very confusing as Chexsystems says they are a CRA? We are looking at using them and their service known as
Qualifile in the new accounts areas for deposit requests. If we deny a new account request are we then required to provide a
"score" from the Qualifile report to comply with FCRA? If we report the ChexSystems charged offs are we then also required to
provide a negative information notice? In past we have provided a notice for denials using another system. Just confused if we are
mis-interpreting FCRA today. Thanks.

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#2162829 - 02/01/18 10:34 PM Re: Negative Information Notice Needed for Deposits? Jackie E.
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Joined: Jan 2017
Posts: 214
Chexsystems is a CRA, but does not the meet the definition of a "nationwide consumer reporting agency" in FCRA because the information (checking/savings account) that is reported to them is not a public record. FCRA 603(p), 15 USC 1681a(p)

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#2162859 - 02/02/18 12:21 PM Re: Negative Information Notice Needed for Deposits? Jackie E.
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
If we deny a new account request are we then required to provide a "score" from the Qualifile report to comply with FCRA?

Yes.

If we report the ChexSystems charged offs are we then also required to provide a negative information notice?

Not required.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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