[conspire] (Arguably offtopic) Become a Red Cross volunteer, suffer identity theft
Deirdre Saoirse Moen
deirdre at deirdre.net
Tue Oct 31 16:44:34 PST 2006
On Oct 31, 2006, at 4:19 PM, Rick Moen wrote:
> Deirdre has pointed out that Red Cross's doing "hard pulls" in this
> context is simply flat-out illegal, even if the target has signed a
> paper authorising it, since "becoming a volunteer" is not among the
> covering Federal statute's list of "permissible purposes" for credit
> pulls (even "soft" ones). Quoting Deirdre:
The only permissible *uses* are (summary of FCRA section 604)
1) court order or as requested by subpoena for a grand jury
2) to the consumer for their own use
3) a) credit or collection of credit
b) employment
c) insurance
d) professional licensing (e.g. to become a lawyer or doctor)
e) valuation of credit or insurance (e.g. assessing the risk of
a portfolio for sale)
f) has a "legitimate business need" and is initiated by the
consumer or for review of an account.
4) child support enforcement
#3b is defined as:
"(h) The term "employment purposes" when used in connection with a
consumer report means a report used for the purpose of evaluating a
consumer for employment, promotion, reassignment or retention as an
employee."
That does not apply to a volunteer.
"Business transaction" also does not apply; case law generally
requires that to be some fiduciary transaction -- e.g. a mortgage
broker, who isn't the person giving you credit and doesn't fall under
3a.
--
_Deirdre http://deirdre.net
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