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December 21, 2007

USA Today: FTC's lax credit bureau regulation adds to subprime woes

On Monday, Byron Acohido and Jon Swartz had a story in USA Today -- FTC under fire as credit bureaus sell consumers' data -- explaining that the FTC is being blamed for exacerbating the subprime crisis by allowing credit bureaus to aggressively market so-called lead generator or trigger lists. Excerpt:

In February, the National Association of Mortgage Brokers lambasted the FTC for giving the credit bureaus tacit approval to keep selling listings -- called "trigger lists" -- containing personal and financial data of prospective borrowers. Some unscrupulous lenders used trigger lists to contact people who recently filled out a loan application, and then pitched them subprime mortgages, higher-priced loans aimed at people with spotty credit histories but also marketed to borrowers with good credit.

Also see my previous blog and this New York Times blog which describe the problem through the lens of Lowermybills.com, an Experian subsidiary selling these lead generator or trigger lists based on supposedly private consumer credit reports. Lead generator lists appear to take advantage of the so-called pre-screening exception that allows the sale of credit reports for credit or insurance marketing without an actual credit or insurance "permissible purpose." In the view of many, the lists do not meet the criteria to qualify for the special exception. But the FTC claims that they do, in some very thin letters and fact sheets lacking any buttressing legal authorities.

Incredibly, the FTC, the credit bureaus, and the subprime mortgage crisis are also linked to the Internet advertising bubble. Lowermybills.com was and may still be one of the biggest web advertisers.

You do have a right to opt-out of pre-screened lists. You can call 1-888-5-OPTOUT or find out more about doing so by mail or on the web from the FTC.

Posted by Ed Mierzwinski at December 21, 2007 12:45 PM


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