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"XYZ Data" on Adverse Action Notice

I have a client (a lender) who orders their credit reports from "XYZ Data" and when a loan is declined, they list Equifax on their Adverse Action Notice (with appropriate address and phone number) and they have now been told that because "XYZ Data" is considered a reseller of credit under the FCRA 603(u) that they should also list XYZ Data (along with its name and telephone number) on the Adverse Action Notice. Is this true?

by Dan Persfull:

Yes, XYZ Data is the Consumer Reporting Agency you obtained your information from.


by David Dickinson:

615(a)(3)(A) of the FCRA requires users to disclose:

the name, address, and telephone number of the consumer reporting agency (including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis) that furnished the report to the person;

I agree with Dan that XYZ Data is the furnisher of the report, not Equifax.

First published on 08/25/2019

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