[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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