Permissible Purposes Under FCRA Section 604
Congress has limited the use of consumer reports to protect consumers'
privacy. All users must have a permissible purpose under the FCRA to obtain a
consumer report. Section 604 of the FCRA contains a list of the permissible
purposes under the law. These are:
- As ordered by a court or a
federal grand jury subpoena. Section 604(a)(1)
- As instructed by the consumer
in writing. Section 604(a)(2)
- For the extension of credit
as a result of an application from a consumer, or the review or collection
of a consumer's account. Section 604(a)(3)(A)
- For employment purposes,
including hiring and promotion decisions, where the consumer has given
written permission. Sections 604(a)(3)(B) and 604(b)
- For the underwriting of
insurance as a result of an application from a consumer. Section
604(a)(3)(C)
- When there is a legitimate
business need, in connection with a business transaction that is initiated
by the consumer. Section 604(a)(3)(F)(i)
- To review a consumer's
account to determine whether the consumer continues to meet the terms of
the account. Section 604(a)(3)(F)(ii)
- To determine a consumer's
eligibility for a license or other benefit granted by a governmental
instrumentality required by law to consider an applicant's financial
responsibility or status. Section 604(a)(3)(D)
- For use by a potential
investor or servicer, or current insurer, in a valuation or assessment of
the credit or prepayment risks associated with an existing credit
obligation. Section 604(a)(3)(E)
- For use by state and local
officials in connection with the determination of child support payments,
or modifications and enforcement thereof. Sections 604(a)(4) and
604(a)(5)
In addition, creditors and insurers may obtain certain consumer report
information for the purpose of making unsolicited offers of credit or
insurance. The particular obligations of users of this "prescreened"
information are described in Section V of the FCRA.