Thread Options
#462078 - 11/28/05 03:58 PM Disclosure of customer information
VictoriaM Offline
New Poster
Joined: Nov 2005
Posts: 1
Here is my situation. The bank has a dealer paper contract with an auto dealership. What can the bank disclose to the auto dealership about a customer the bank pulls a credit report on? The customer actually goes to the dealership and the dealership contacts the bank. The bank pulls a credit report on the customer and sends information about that customer to the dealership. The dealership (sometimes) already has a credit report pulled. What can we disclose to the dealership about that customer? The problem I have is that the bank sends this information via e-mail, fax, or courier. If someone, who is not related to the loan, picks up this information they might get that information. Any advice?

Return to Top
Lending Compliance
#462079 - 11/29/05 02:03 AM Re: Disclosure of customer information
flaire Offline
100 Club
Joined: Sep 2005
Posts: 228
sw us
You can't tell the dealership anything about the customer. If the bank pulls the credit report, then the bank is obligated to keep that information confidential & for their own use only. That's like telling a realtor about a customer that the realtor referred.
Hello, triple a? I got locked out of my mind...

Return to Top
#462080 - 11/29/05 03:17 AM Re: Disclosure of customer information
rlcarey Offline
10K Club
Joined: Jul 2001
Posts: 79,352
Galveston, TX
Not necessarily - You can communicate your decision on whether or not the customer is approved for the loan or not without turning yourself into a credit reporting agency. This however, is only as long as the dealer has previously informed the customer that their application was going to be specifically forwarded to your bank (this is why dealer agreements are so important)

According to the old FCRA commentary - The exemption is not limited to a simple "yes'' or "no'' response, but includes the information constituting the basis for the credit denial, because it applies to "any report."

As far as how is any of this communicated - I would make sure that it is only over secure channels.
The opinions expressed here should not be construed to be those of my employer:

Return to Top

Moderator:  Andy_Z