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#665944 - 01/12/07 09:30 PM Disclsoure when denying a Debit card
franmill Offline
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Joined: Jan 2007
Posts: 17
When you run a credit report, and based on the results, decide not to issue a customer a Debit (or ATM) card, do we still give him the "summary of your rights under Fair Credit Reporting?"
If so, where can I obtain an updated model of this disclosure?

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#666119 - 01/15/07 02:08 AM Re: Disclsoure when denying a Debit card franmill
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
If you used the credit report to deny the customer, then you must provide the FCRA notice.
_________________________
David Dickinson
http://www.bankerscompliance.com

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#666356 - 01/16/07 02:21 PM Re: Disclsoure when denying a Debit card franmill
franmill Offline
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Joined: Jan 2007
Posts: 17
Any idea where I can obtain a sample of the requried notice?

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#666364 - 01/16/07 02:29 PM Re: Disclsoure when denying a Debit card franmill
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
___________________Our decision to deny you a debit/ATM card was based in whole or in part on information obtained in a report from the consumer reporting agency listed below. You have a right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. The reporting agency played no part in our decision and is unable to supply specific reasons why we have denied credit to you. You also have a right to a free copy of your report from the reporting agency, if you request it no later than 60 days after you receive this notice. In addition, if you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to dispute the matter with the reporting agency.

Name:___________________
Address: ___________________
[Toll-free] Telephone number: ___________________
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#666925 - 01/16/07 10:28 PM Re: Disclsoure when denying a Debit card David Dickinson
franmill Offline
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Joined: Jan 2007
Posts: 17
Thanks for the sample notice. I have a copy of a notice from a previous bank at which I worked titled: A Summary of Your rights Under the Fair Credit Reporting Act. It is a full page long and has a second page containing the names and contact information for various agencies for any questions or concerns a customer may have. Then at the bottom of this second page is a notice very similar to the one you provided. What about all the other information on Page 1 which talks about disputing information, how you can find out what is in your file, what happens if info has been used against you, inaccurate or deleted info, consent, damages, etc.? Is this needed or required. Reading through it, I'm thinking that some of the information has surely changed over the years and I wanted to verify what is current. Thanks a bunch for you assistance.

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#667067 - 01/17/07 02:10 PM Re: Disclsoure when denying a Debit card franmill
Dan Persfull Offline
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Dan Persfull
Joined: Aug 2002
Posts: 47,532
Bloomington, IN
The only statement required by the FCRA is the one Randy provided to you. We can't answer to the accuracy of the other document you are referring to without seeing it. It sounds like it may be a "combined" notice for both the Reg. B AAN and FCRA AAN.
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2244567 - 10/23/20 09:28 PM Re: Disclsoure when denying a Debit card franmill
Compliance NABW Offline
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Joined: Oct 2015
Posts: 1,669
What is the citation for denying a debit card or deposit account in FCRA? I am not clearly seeing where it fits in the defintion of Adverse Action.

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#2244571 - 10/23/20 10:14 PM Re: Disclsoure when denying a Debit card franmill
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
(k) Adverse Action

(1) Actions included. The term “adverse action”

(A) has the same meaning as in section 701(d)(6) of the Equal Credit Opportunity Act; and

(B) means

(i) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance;

(ii) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee;

(iii) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 604(a)(3)(D) [§ 1681b]; and

(iv) an action taken or determination that is

(I) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 604(a)(3)(F)(ii)[§ 1681b]; and

(II) adverse to the interests of the consumer.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2244662 - 10/27/20 01:42 PM Re: Disclsoure when denying a Debit card franmill
Compliance NABW Offline
Diamond Poster
Joined: Oct 2015
Posts: 1,669
Ah, great, thank you. I think I didn't read the "or" and just thought that line was about "in connection with a review of an account . . . "

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