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Run Signer (Business) w/ ChexSystems w/o Approval

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Can you run the name of an authorized signed on a business account through ChexSystems without obtaining approval? Or is the fact that he/she signed the signature card for the business account sufficient authorization?

Under the Fair Credit Reporting Act, you don't have a permissible purpose for obtaining a consumer report on an individual who is merely an authorized signer on an account, unless that individual gives you an authorization to do so. Some banks have incorporated verbiage in their signature cards that, in the opinion of the bank's legal counsel, provides that authority as to any individual signing the card as an authorized or courtesy signer. Without such verbiage or a separate authorization, the bank cannot legally request a report on authorized signers.

First published on 6/11/12

First published on 06/11/2012

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