Slacktivist: Why Every Attorney General Should Sue Credit-Rating Agencies
Fred Clark of Slacktivist writes one of those blogs that I just love. He's smart, compassionate and very, very perceptive. This piece on the credit report industry is timely -- go read the rest:
Kevin Drum makes a helpful comparison between your credit history and your medical history:
In the same way that medical records are available only to people with a legitimate medical need, I think that credit records should be available only to those who actually extend credit. Beyond that, they're private. Employers don't get them, the FBI doesn't get them, journalists don't get them and my neighborhood association doesn't get them. I don't care how much each of these people really, reallythinks it would be handy to have a peek at them. Short of a subpoena or a court order, my financial records are my business. You can't have them.... The credit reporting agencies [have] been placed in a privileged position where they're allowed to collect sensitive private information — just as doctors and banks and census takers are. That privileged position means they have a heightened responsibility for maintaining privacy, not a license to use their databases for anything that can make them an extra buck or two.
I think that's exactly right.It also seems to be exactly the opposite of the current relationship between citizens and credit reporting agencies.
Right now, the credit reporting agencies are permitted to collect and evaluate sensitive private information about anyone and everyone. (Although, again, "evaluate" may be too elevated a term for the crude reductionist number-crunching of their secret "scoring" formulas.) Almost no information about you and your money and how it is spent is off-limits to them. They are further permitted to sell this information to anyone to whom they wish to sell it, repackaging and marketing your private financial information for sale to insurance companies, your boss or your prospective employer.
Fred goes on to describe the carelessness with which those agencies treat your information, and why protecting consumers from the consequences is a political winner:
There are at the moment Democratic attorneys general in 31 states. Of those, I'm guessing, about 31 are hoping some day to be governors or senators. Advocating for their constituents against the costly and predatory negligence of credit-reporting agencies seems like a promising step toward fulfilling such ambitions. (I forget who it was who first observed that some seek power in order to enact policies while others seek policies in order to attain power, but I think this should appeal to those in either category.)
The Federal Trade Commission estimates that about 9 million Americans are victims of identity theft every year, so it's a safe bet that each of these AGs (or A's G) has thousands of constituents whose credit histories are scarred by such theft and who are therefore being forced to pay premium rates for everything from mortgages to consumer loans to insurance and utilities. Some of these constituents may have been denied employment or promotion on the basis of these lucratively inaccurate and uncorrected credit scores.
These costs are real and therefore they can be measured and quantified and added up into a single Very Large Dollar Amount -- the amount that constituents have been inaccurately and unfairly overcharged due to the negligence and irresponsibility of others. That VLDA is the basis for the class-action lawsuits that these attorneys general ought to be filing on behalf of their constituents.
Whether or not such lawsuits can succeed in achieving restitution for the millions of citizens who have paid dearly for the carelessness of the credit-reporting agencies, the lawsuits ought to be able to achieve at least a bit more of what is desperately needed and sorely lacking in the current system: accountability and transparency.
Without transparency and accountability, the power that credit agencies have will be abused and expanded and extended until its abusive presence is felt, as Matt Lauer put it, in "all portions of your life."
State lawsuits will allow AGs to subpoena information on the calculations and variables that go into the credit-reporting agencies secret-formula scores. Such information would empower consumers to improve those scores beyond what is currently knowable from the best-guesses of hack finance writers and "credit-monitoring" scams.
More importantly, the state lawsuits would allow the AGs to subpoena information on the marketing of citizens private financial information -- to gauge the full scope of the credit-reporting agencies' plans for the use of this private information beyond the realm of actual credit. Informed attention to the misuse of this information for employment decisions or by insurers or utilities would likely lead to the sort of outcry that would make limits on such misuse a legislative priority.
And that could lead to a situation in which the misuse or sale of private financial records is as obviously illegal -- and unthinkable -- as the misuse or sale of private medical records.



when I was in still in debt, which I was about to pay off within 4 months (and did by cashing in my 401k - which I now owe taxes on, but that's another stupid fucking story), I applied for a job that I was perfect for.
But I couldn't get the job that would get me out of debt, because I was in debt!
I suggest we end this "Financial 'Catch 22!"
How the fuck are you supposed to get out of debt if you can't get a job because you're in debt?
Somewhere, even Kafka's weeping...
vehicle registration and business license if you get behind on child support. Happened to a friend of mine who HAD sent the checks, was all up to date, but because of a bureaucratic screw up, the payments were not properly reported, so they took his driver's license, truck registration and plumber's license and he was out of business (being self employed), homeless, and just about destitute. Through the help of friends and customers he survived and was back to work in a few months, but it is a totally punitive Catch-22 FUBAR system. This was in the state of Maine, one of the most fucked up run state governments anywhere. A beautiful state with those two Rethug princesses in the Senate, Snowe Job and Collins the Slow Talking Idiot.
A certain advertiser in Sacramento makes the point that automobile insurance companies can also base your insurance rate, not only on your driving history, but also on your credit score.
Every Attorney General and financially minded activist should consider seeing this:
http://v.youku.com/v_show/id_XMTcyMjM1MjE2.html
or here: http://fliiby.com/file/878768/opvdbqn6ll.html
Time to hit them where it hurts.
"Great minds discuss ideas; average minds discuss events; small minds discuss people." ~ Eleanor Roosevelt
Who gives or gave the credit reporting agencies the authority to collect your private information?
audit-prosecute-incarcerate
audit-prosecute-incarcerate
...of being "part of the system"
audit-prosecute-incarcerate
How the fuck did we all agree to even have credit rating agencies collect info on us and make up arbitrary scores based on dubious information sources? It's bizarre that we all just go along with that shit, as if.... Does anybody think that rich people give a flying fuck about their "credit score"? Orwellian.
...the banks.
audit-prosecute-incarcerate
There's already a movement toward credit unions,
You didn't know?
Diabolus est Deus Inversus
These businesses are clear scams, charging you for information that you should be able to get for free. And even better, theyre in cahoots with the banks.
But I friggin love those commercials. :-D
I'm a political slactivist...
Diabolus est Deus Inversus
Where is all the money we gave to the banks in the bank bailouts. The amounts of Trillions they took and begged for on their knees. When we can't even give our people unemployment benefits or give healthcare to those that put their lives at risk searching for bodies in the pile of the collapsed World Trade Center and breathed in all that toxic dust. We sure have our priorities non-straight. And the media owned by the corporations doesn't help either. Thanks goodness for blogs like C&L where freedom of speech still exists and others. Peace.
"Great minds discuss ideas; average minds discuss events; small minds discuss people." ~ Eleanor Roosevelt
employer wanted me to sign off on them doing a credit check, I'd just tell them I was applying for a job, not a loan, and then I'd walk out the door. The same with a pre-employment drug test (and I don't do any). My privacy is my privacy, and they have no right to it.
My present employer thinks that for the lousy $10.75 an hour they pay me that they can demand that I "represent" the company to the highest personal standards at all times, even off the job. To which I say, bullshit. Or, as I have told all my co-workers, the old Soviet Russian saying, "they pretend to pay us and we pretend to work."
Let me start out by saying I named my oldest son after myself, NEVER do this. I got sick a few years ago and was forced into bankruptcy.
After checking my credit reports (all 3) I found 34 errors. THAT'S Right 34 errors! They had accounts from my ex wife that were opened 3 years after we were divorced, addressees that I never lived at, and my sons accounts on my report. So I call them, guess what they tell me. If I CAN prove they are not my accounts they will evaluate it.
So... they fuck up and I am left to try and prove they are wrong. Needless to say I spent countless hours and still only managed to get about half of the shit removed. I gave up..
I did go ahead and pay some of the things that were in collection off. But, even if you pay them they do not come off your credit report.
Since then my wife got sick, of course we do not have heath insurance.
When a bill collector calls now I tell them point blank. Stick it up your ass...take me to court.
Issues like this are why the financial institutions will go to extreme lengths to block someone like Elizabeth Warren from having a major role in consumer protection and business oversight -- they're terrified she'll actually do the job. Credit card companies thrive on consumer ignorance and confusion.
Credit card companies should not be allowed to get a new copy of your credit report.
They have a relationship with you. You pay your bill on time (or not). Just b/c you get into a dispute with another lender doesn't mean they ALL your lenders are entitled to "universal default" and jack up your interest rates.
Your relationship with each lender should be privileged.
There is absolutely NO WAY that we will ever receive these protections. It's far too lucrative for the banks to continue with their usurious practices.
and once you've had one problem, you're doomed. You might not be able to get a job to pay off your debts b/c no one will hire you b/c your credit report shows debts.
It's horrible and it should be regulated. But it won't be. People don't matter, only corporations matter.
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