Consumer Credit Report
credit report for consumersA CCRA is a " consumer disclosing authority that periodically reviews the practices of compiling, assessing and preserving consumer credit statements to third party credit rating, creditworthiness, or creditworthiness information relating to a consumer, and credit checking information from individuals who provide such information periodically and in the normal course of doing their business.
" One of the basic causes for the new rules, according to DFS, is that the CCRAs have failed to protect and manage correct consumer information and to closely examine consumer claims for inaccuracy. These new rules are only applicable to Consumer Credit Regulatory Authorities (CCRAs), which are a consumer notification authority that periodically conducts the process of compiling or assessing and sustaining consumer credit statements to third party creditors with respect to a consumer's creditworthiness, creditworthiness or creditworthiness, and credit checking information from individuals who provide such information periodically and in the normal course of doing business.
CCRA's definitions include the consumer notification authority, which is specifically understood to mean any individual who participates on a regular or partial footing, in whole or in part, in the compilation or evaluation of consumer credit information or other consumer information for the purposes of transmitting consumer communications to third party for consideration of money charges, levies or on a non-profit co-operative footing.
However, whether a consumer authority is considered to be a Consumer Information Commission (CCRA) which is obliged to report under the rules depends on a number of factors: Does the credit rating agency's report contain information that "influences the creditworthiness, creditworthiness or creditworthiness of a consumer"? This obligation to provide information does not extend to report suppliers containing only information under penal law or not related to credit.
When the CRA's report contains information that "influences a consumer's creditworthiness, creditworthiness or ability to pay", is this information collected, assessed and updated? These rules shall be applicable only to consumer rapporteurs who periodically follow the practices of compiling or assessing and'maintaining' credit information for the purpose of producing consumer accounts.
Where the CRA's report contains information that "affects the creditworthiness, creditworthiness or financial soundness of a consumer", is this information "credit information from individuals who provide this information on a regular basis and in the normal course of business"? Although the proposal is ambiguous, the Commission proposes that it should impose a requirement for credit rating agencies to register credit rating information held by providers on a regular basis in the normal course of operations.
If the DFS Superintendent determines that the requester or a member, chief executive officers, senior executives or directors of the requester have done so, among other things, DFS may deny the renewal, revocation or suspension of the enrolment of a CCRA for a specific length of time: - infringed applicable tax, social security or bank legislation or regulations, subpoenas or orders of the DFS Superintendent or of the tax or bank commissar of another state or government al or government al or government agencies with the power to govern tax, social security or bank commissioners, or infringed any statute in the course of his or her duties; - is substantially false, substantially deceptive, substantially incompleted or substantially false in its filing for registration; b ) has been found to have been infringed upon by any of the parties to the DFS Act or by any of the parties to the DFS Act or by any of the parties to the DFS Act to the extent that it is in breach of any of the applicable tax or bank commission regulations
- Requirement of the Order, includes but is not restricted to the Cyber Security Ordinance (hereinafter referred to in more detail); - Used deceptive, compelling, or disloyal practice; - Unappropriately retained, embezzled, or transformed funds or assets obtained as part of this operation in New York or elsewhere; - Had a registered member of the Central Committee of Commerce (CCRA) or similar product refused, suspended, rescinded, or transferred to another state, provincial, county, or area.
Prior to the refusal to renew registrations of a CCRA, the DFS Superintendent shall notify the CCRA and shall conduct or have conducted a consultation at least 15 workingdays after the CCRA has been notified. - Direct or indirect use of a plan, instrument or trick to deceive or deceive a consumer; - Participation in dishonest, misleading or robbing acts or practices against a consumer; - Misrepresentation or omission of essential information in relation to the preparation, assessment or servicing of a credit report for a New York consumer;
- Infringement of the Dodd-Frank Wall Street Reform and Consumer Protection Act; - Failure to observe the requirements of the Swiss Consumer Reporting Act;
- Refusal to disclose to an authorised agent of a New York consumer who submits a power of attorney in writing duly endorsed by the consumer, provided that the CCRA may establish proceedings which reasonably relate to checking whether the authorised agent is actually authorised to act on the consumer's behalf and further provided that the authorised agent is not a credit repair company or is affiliated with a credit repair company; - making a misrepresentation or omitting a substantial fact in relation to information or statements submitted to a government authority or in relation to investigations carried out by the government authority, or in relation to information or statements submitted by the government authority, or in relation to investigations carried out by the government authority, provided that the consumer is not a consumer of the consumer's consumer of the consumer's consumer of the consumer's consumer of the consumer's consumer of the consumer's consumer of the consumer's consumer's consumer of the consumer's consumer's consumer of the consumer's consumer's consumer's consumer of the consumer's consumer's consumer's consumer's consumer's consumer's consumer's consumer's consumer's consumer consumer consumer consumer's consumer consumer consumer consumer consumer consumer consumer consumer consumer consumer's consumer rights.
In addition, from 1 November 2018, each CCPR must adhere to the DFS Cyber Security Ordinance (in accordance with the timetable contained in the definitive Ordinance, which expires on 31 December 2019) and demand it: - A Chief Information Security Officer to safeguard information and secure the system; and checks and balances to help guarantee the security and solidity of the New York based finance sector.
The DFS has created an on-line application to register, which is available via its secured web site and requires the CCRA to set up a web site user interface and provide the CCRA with full technical support to register via the "Ask for Apps" section of the web site. After DFS has accepted the application for admission, theCCRAs may return to the homepage to retrieve and fill out the application forms.
Supplementary directions will be given during the on-line register. Thereafter, on or before the first of July of each year (2019 onwards), each CCRA must report information to the DFS Superintendent that may be obtained from the DFS Superintendent.