Volume 5, Edition 6, June 2009

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2009 Marketing Portfolios for:

Background Screening (CRAs) Firms
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Answer: D. In CA: Section 1786.16 of the Civil Code states that the recipient of the consumer report--the end user, must send a copy of the report to the end-user, but it also allows and end-user to contract with anyone else to assist them with this process. Under Minnesota law, "If the consumer requests a copy of the report, the person requesting the report shall request the person preparing the report to provide a copy to the consumer. The report must be sent to the consumer by the person preparing the report within 24 hours of providing it to the person requesting the report. " Thus, in MN, a CRA must take immediate action under the statute if the end-user requests that it send a copy of the report to the consumer. In Oklahoma, if a box is checked by the consumer on the disclosure/authorization "the user of the consumer report shall request that a copy be provided to the consumer when the user of the consumer report requests its copy from the credit reporting agency. The report sent to the consumer shall be provided at no charge to the consumer." 24 Okl. St. § 148 (2008). Thus, the end-user again must request a CRA provide the information to the consumer at the same time it gets its own copy of the report.

If an applicant checks a box to receive a copy of his or her report on a disclosure and authorization, under CA, MN, and OK laws, who's responsibility is it to send the report copy?

A. In all of those states it is the CRA's responsibility.

B. In all of those states it is the end-user's responsibility.

C. In CA it is the end-user's responsibility, and the CRA's responsibility.

D. In CA, it is the end-user's responsibility, but in MN, it is the CRA's responsibility.


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