Tag: FCRA

Expanded FCRA regulated data can help lenders extend more credit, and ensure consumers have access to affordable credit when they need it.

When running a credit report on a new applicant, you must ensure Fair Credit Reporting Act (FCRA) compliance before accessing, using and sharing the collected data. The Coronavirus Aid, Relief, and Economic Security (CARES) Act has impacted credit reporting under the FCRA, as has new guidance from the Consumer Financial Protection Bureau (CFPB). Recent updates include: The CARES Act amended the FCRA to require furnishers who agree to an “accommodation,”1 to report the account as current, although it is permitted to continue to report the account as delinquent if the account was delinquent before the accommodation was made. Although not legally obligated, data furnishers should continue furnishing information to the credit reporting agencies (CRAs) during the COVID-19 crisis, and make sure that information reported is complete and accurate. Below is a brief FCRA-related compliance overview2 covering various FCRA requirements3 when requesting and using consumer credit reports for an extension of credit permissible purpose. For more information regarding your responsibilities under the FCRA as a user of consumer reports, please consult your Legal Counsel and the Notice to Users of Consumer Reports: Obligations of Users Under the FCRA handbook located on our website. Before obtaining a consumer report you have…  Reviewed your federal and state regulations and laws related to consumer reports, scores, decisions, etc.  Made sure you have a valid permissible purpose for pulling the consumer report.  Certified compliance to the CRA from which you are getting the consumer report. You have certified that you complied with all the federal and state requirements. After you take an adverse action based on a consumer report you… Provide the consumer with an oral, written or electronic notice of the adverse action. Provide written or electronic disclosure of the numerical credit score used to take the adverse action, or when providing a “risk-based pricing” notice. Provide the consumer with an oral, written or electronic notice, which includes the below information:  Name, address and telephone number of CRA that supplied the report, if nationwide. A statement that the CRA did not make the adverse decision and therefore can’t explain why the decision was made.  Notice of the consumer’s right to a free copy of their report from the CRA, if requested within 60 days.  Notice of the consumer’s right to dispute with the CRA the accuracy or completeness of any information in a consumer report provided by the CRA. Provide the consumer with a “risk-based pricing” notice if credit was granted but on less favorable terms based on information in their consumer report. We understand how challenging it is to understand and meet all your obligations as a data furnisher – we’re here to make it a little easier. Click below to speak with a representative and gain more insight on how the CARES Act impacts FCRA reporting. Download overview Speak with a representative 1An “accommodation” is defined as “an agreement to defer one or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief” granted to a consumer affected by COVID-19 during the covered period. 2This FCRA overview is not legal guidance and does not enumerate all your requirements under the FCRA as a user of consumer reports. Additionally, this FCRA Overview is not intended to provide legal advice or counsel you regarding your obligations under the FCRA or any other federal or state law or regulation. Should you have any questions about your institution’s specific obligations under the FCRA or any other federal or state law or regulation, you should consult with your Legal Counsel. 3This FCRA overview is intended to be used solely by financial service providers when extending credit to consumers and does not include all FCRA regulatory obligations. You are responsible for regulatory compliance when requesting and using consumer reports, which includes adhering to all applicable federal and state statutes and regulations and ensuring that you have the correct policies and procedures in place.

In today’s rapidly changing economic environment, the looming question of how to reduce portfolio volatility while still meeting consumers' needs is on every lender’s mind. So, how can you better asses risk for unbanked consumers and prime borrowers? Look no further than alternative credit data. In the face of severe financial stress, when borrowers are increasingly being shut out of traditional credit offerings, the adoption of alternative credit data allows lenders to more closely evaluate consumer’s creditworthiness and reduce their credit risk exposure without unnecessarily impacting insensitive or more “resilient” consumers. What is alternative credit data? Millions of consumers lack credit history or have difficulty obtaining credit from mainstream financial institutions. To ease access to credit for “invisible” and subprime consumers, financial institutions have sought ways to both extend and improve the methods by which they evaluate borrowers’ risk. This initiative to effectively score more consumers has involved the use of alternative credit data.1 Alternative credit data is FCRA-regulated data that is typically not included in a traditional credit report and helps lenders paint a fuller picture of a consumer, so borrowers can get better access to the financial services they need and deserve. How can it help during a downturn? The economic environment impacts consumers’ financial behavior. And with more than 100 million consumers already restricted by the traditional scoring methods used today, lenders need to look beyond traditional credit information to make more informed decisions. By pulling in alternative credit data, such as consumer-permissioned data, rental payments and full-file public records, lenders can gain a holistic view of current and future customers. These insights help them expand their credit universe, identify potential fraud and determine an applicant’s ability to pay all while mitigating risk. Plus, many consumers are happy to share additional financial information. According to Experian research, 58% say that having the ability to contribute positive payment history to their credit files makes them feel more empowered. Likewise, many lenders are already expanding their sources for insights, with 65% using information beyond traditional credit report data in their current lending processes to make better decisions. By better assessing risk at the onset of the loan decisioning process, lenders can minimize credit losses while driving greater access to credit for consumers. Learn more 1When we refer to “Alternative Credit Data,” this refers to the use of alternative data and its appropriate use in consumer credit lending decisions, as regulated by the Fair Credit Reporting Act. Hence, the term “Expanded FCRA Data” may also apply in this instance and both can be used interchangeably.

Are You #TeamTrended or #TeamAlternative? There’s no such thing as too much data, but when put head to head, differences between the data sets are apparent. Which team are you on? Here’s what we know: With the entry and incorporation of alternative credit data into the data arena, traditional credit data is no longer the sole determinant for credit worthiness, granting more people credit access. Built for the factors influencing financial health today, alternative credit data essentially fills the gaps of the traditional credit file, including alternative financial services data, rental payments, asset ownership, utility payments, full file public records, and consumer-permissioned data – all FCRA-regulated data. Watch this video to see more:    Trended data, on the other hand shows actual, historical credit data. It provides key balance and payment data for the previous 24 months to allow lenders to leverage behavior trends to determine how individuals are utilizing their credit. Different splices of that information reveal particular behavior patterns, empowering lenders to then act on that behavior. Insights include a consumer’s spend on all general purpose credit and charge cards and predictive metrics that identify consumers who will be in the market for a specific type of credit product. In the head-to-head between alternative credit data and trended data, both have clear advantages. You need both on your roster to supplement traditional credit data and elevate your game to the next level when it comes to your data universe. Compared to the traditional credit file, alternative credit data can reveal information differentiating two consumers. In the examples below, both consumers have moderate limits and have making timely credit card payments according to their traditional credit reports. However, alternative data gives insight into their alternative financial services information. In Example 1, Robert Smith is currently past due on his personal loan, whereas Michelle Lee in Example 2 is current on her personal loan, indicating she may be the consumer with stronger creditworthiness.   Similarly, trended data reveals that all credit scores are not created equal. Here is an example of how trended data can differentiate two consumers with the same score. Different historical trends can show completely different trajectories between seemingly similar consumers.   While the traditional credit score is a reliable indication of a consumer’s creditworthiness, it does not offer the full picture. What insights are you missing out on? Go to Infographic Get Started Today

In 2017, 81 percent of U.S. Americans have a social media profile, representing a five percent growth compared to the previous year. Pick your poison. Facebook. Instagram. Twitter. Snapchat. LinkedIn. The list goes on, and it is clear social media is used by all. Grandma and grandpa are hooked, and tweens are begging for accounts. Factor in the amount of data being generated by our social media obsession – one report claims Americans are using 2,675,700 GB of Internet data per minute – and it makes some lenders wonder if social media insights can be used to assess credit risk. Can banks, credit unions and online lenders look at social media profiles when making a loan decision and garner intel to help them make a credit decision? After all, in some circles, people believe a person’s character is just as important as their income and assets when making a lending decision. Certainly, some businesses are seeing value in collecting social media insights for marketing purposes. An individual’s interests, likes and click-throughs reveal a lot about their lifestyle and potential brand linkages. But credit decisions are different. In fact, there are two key concerns when considering social media data as it pertains to financial decisions. There is that little rule called the Equal Credit Opportunity Act, which states credit must be extended to all creditworthy applicants regardless of race, religion, gender, marital status, age and other personal characteristics. A quick scan of any Facebook profile can reveal these things, and more. Credit applications do not ask for these specific details for this very reason. Social media data can also be manipulated. One can “like” financial articles, participate in educational quizzes and represent themselves as if they are financially responsible. Social media can be gamed. On the flip side, a consumer can’t manipulate their payment history. There is no question that data is essential for all aspects of the financial services industry, but when it comes to making credit decisions on a consumer, FCRA data trumps everything. In the consumer’s best interest, it is essential that credit data be both displayable and disputable. The right data must be used. For lenders, their primary goal is to assess a consumer’s stability, ability and willingness to pay. Today, social media can’t address those needs. It’s not to say that social media data can’t be used in the future, but financial institutions are still grappling with how it can be predictive of credit behavior over time. In the meantime, other sources of data are being evaluated. Everything from including on-time utility and rental payments, insights on smaller dollar loans and various credit attributes can help to provide a more holistic view of today’s credit consumer. There is no question social media data will continue to grow exponentially. But in the world of credit decisioning, the “like” button cannot be given quite yet.

Prescreen, prequalification and preapproval. The terms sound similar, but lenders beware. These credit solutions are quite different and regulations vary depending on which product is utilized. Let’s break it down … What’s involved with a prescreen? Prescreen is a behind-the-scenes process that screens consumers for a firm offer of credit without their knowledge. Typically, a Credit Reporting Agency, like Experian, will compile a list of consumers who meet specific credit criteria, and then provide the list to a lending institution. Consumers then see messaging like, “You have been approved for a new credit card.” Sometimes, marketing offers use the phrase “You have been preapproved,” but, by definition, these are prescreened offers and have specific notice and screening requirements. This solution is often used to help credit grantors reduce the overall cost of direct mail solicitations by eliminating unqualified prospects, reducing high-risk accounts and targeting the best prospects more effectively before mailing. A firm offer of credit and inquiry posting is required. And, it’s important to note that prescreened offers are governed by the Fair Credit Reporting Act (FCRA). Specifically, the FCRA requires lenders initiating a prescreen to: Provide special notices to consumers offered credit based on the prescreened list; Extend firm offers of credit to consumers who passed the prescreening, but allows lenders to limit the offers to those who passed the prescreening; Maintain records regarding the prescreened lists; and Allow for consumers to opt-out of prescreened offers. Lenders and the Consumer Reporting Agencies must scrub the list against the opt-outs. Finally, it is important to note that a soft inquiry is always logged to the consumer’s credit file during the prescreen process. What’s involved with a prequalification? Prequalification, on the other hand, is a consumer consent-based credit screening tool where the consumer opts-in to see which credit products they may be qualified for in real time at the point of contact. Unlike a prescreen which is initiated by the lender, the prequalification is initiated by the consumer. In this instance, envision a consumer visiting a bank and inquiring about whether or not they would qualify for a credit card. During a prequalification, the lender can actually explore if the consumer would be eligible for multiple credit products – perhaps a personal loan or HELOC as well. The consumer can then decide if they would like to proceed with the offer(s). A soft inquiry is always logged to the consumer’s credit file, and the consumer can be presented with multiple credit options for qualification. No firm offer of credit is required, but adverse action may be required, and it is up to the client’s legal counsel to determine the manner, content, and timing of adverse action. When the consumer is ready to apply, a hard inquiry must be logged to the consumer’s file for the underwriting process. How will a prequalification or prescreen invitation/offer impact a consumer’s credit report? Inquiries generated by prequalification offers will appear on a consumer’s credit report as a soft inquiry. For “soft” inquiries, in both prescreen and prequalification instances, there is no impact to the consumer’s credit score. However, once the consumer elects to proceed with officially applying for and/or accepting a new line of credit, the hard inquiry will be noted in the consumer’s report, and the credit score may be impacted. Typically, a hard inquiry subtracts a few points from a consumer’s credit score, but only for a year, depending on the scoring model. --- Each of these product solutions have their place among lenders. Just be careful about using the terms interchangeably and ensure you understand the regulatory compliance mandates attached to each. More info on Prequalification More Info on Prescreen

Working with clients in the financial sector means keeping an eye toward compliance and regulations like the Gramm-Leach-Bliley Act (GLB), the Fair Credit Reporting Act (FCRA) or Fair and Accurate Credit Transactions Act (FACTA). It doesn’t really matter what kind of product it is, if a client is a financial institution (FI) of some kind, one of these three pieces of legislation is probably going to apply. The good part is, these clients know it and typically have staff dedicated to these functions. In my experience, where most clients need help is in understanding which regulations apply or what might be allowed under each. The truth is, a product designed to minimize fraud, like knowledge based authentication, will function the same whether using FCRA regulated or non-FCRA regulated data. The differences will be in the fraud models used with the product, the decisioning strategies set-up, the questions asked and the data sources of those questions. Under GLB it is acceptable to use fraud analytics for detection purposes, as fraud detection is an approved GLB exception. However, under FCRA rules, fraud detection is not a recognized permissible purpose (for accessing a consumer’s data). Instead, written instructions (of the consumer) may be used as the permissible purpose, or another permissible purpose permitted under FCRA; such as legitimate business need due to risk of financial loss. Fraud best practices dictate engaging with clients, and their compliance teams, to ensure the correct product has been selected based on client fraud trends and client needs. A risk based authentication approach, using all available data and appropriately decisioning on that data, whether or not it includes out of wallet questions, provides the most efficient management of risk for clients and best experience for consumers.