Author Topic: Consumer disclosure forms  (Read 1775 times)

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The Litigator

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Consumer disclosure forms
« on: June 15, 2016 04:18:15 PM »
This is not about suing anyone or dragging anyone to arbitration. Just a friendly debate.

I sent a letter to Early Warning Services (EWS) advising them I want my yearly disclosure. Enclosed was a copy of my passport and a copy of a recent utility bill confirming my address. They responded by sending me a letter and enclosing a form to fill out. The form asked for the same information all over again. They say the form must be filled out.

I noticed they located my record because it contains my Customer Number on it.

It's my understanding consumer reporting agencies need to verify the consumer but I sent what's needed to verify my identity. Is this business practice of requiring a form legal? What do you think?

Bruno the JDB Killer

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Re: Consumer disclosure forms
« Reply #1 on: June 15, 2016 04:32:46 PM »
If it's a private business that you subscribed to, I assume you agreed to the terms of service. Asking you to verify your identity is probably part of those terms, on a form that I assume you have to sign. Otherwise, it could be someone posing as you for all they know, like a spouse or family member, etc. It's hardly illegal.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

The Litigator

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Re: Consumer disclosure forms
« Reply #2 on: June 15, 2016 04:55:01 PM »
If it's a private business that you subscribed to, I assume you agreed to the terms of service. Asking you to verify your identity is probably part of those terms, on a form that I assume you have to sign. Otherwise, it could be someone posing as you for all they know, like a spouse or family member, etc. It's hardly illegal.

Early Warning Services (EWS) is a consumer reporting agency as defined by 1681a(f) just like EX, EQ and TU.

I'll accept its not illegal. Impeding possibly. Where does it say in the Act I must fill out their form?

I see 1681g - Disclosures to consumers and 1681h - Conditions and form of disclosure to consumers.


CleaningUp

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Re: Consumer disclosure forms
« Reply #3 on: June 15, 2016 04:58:20 PM »
Where in the act does it say that they can't?

Remember, there is a well-litigated axiom in the law that says that unless and action is specifically defined as illegal, the action is, in fact, legal.


The Litigator

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Re: Consumer disclosure forms
« Reply #4 on: June 15, 2016 05:21:43 PM »
Where in the act does it say that they can't?

Remember, there is a well-litigated axiom in the law that says that unless and action is specifically defined as illegal, the action is, in fact, legal.

Ding, ding, ding! 1218

Bruno the JDB Killer

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Re: Consumer disclosure forms
« Reply #5 on: June 15, 2016 05:29:37 PM »
From 1681e:

"These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose."

It doesn't specify any particular procedure for identification. Would you rather they hand out your information to anybody who asks for it?
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

The Litigator

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Re: Consumer disclosure forms
« Reply #6 on: June 15, 2016 05:43:39 PM »
Would you rather they hand out your information to anybody who asks for it?

I'm not anybody. I identified myself, see my first post.

I just did not utilize their form, not out of spite but because I was not aware there was a form.

I am aware other companies like LexisNexis and TALX have forms as well. The question is: is it mandatory?

Clydesmom66

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Re: Consumer disclosure forms
« Reply #7 on: June 15, 2016 05:56:28 PM »
I am aware other companies like LexisNexis and TALX have forms as well. The question is: is it mandatory?

If the law does not say they can't make the form mandatory to get the report then YES it is mandatory and they can simply refuse to comply if you don't follow their process.  If you sued they will simply point to an internal procedure they are using to comply with the laws and you are dead in the water.  Fill out the stupid form and be done with it.
Be VERY careful following advice from the internet! What worked for someone with thousands of posts on a message board may not work for YOU in your state.  Consult a lawyer when ever possible.

The Litigator

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Re: Consumer disclosure forms
« Reply #8 on: June 15, 2016 06:27:52 PM »
If you sued they will simply point to an internal procedure they are using to comply with the laws and you are dead in the water.  Fill out the stupid form and be done with it.

Again, see post #1

This is not about suing anyone or dragging anyone to arbitration. Just a friendly debate.

and post #7

I just did not utilize their form, not out of spite but because I was not aware there was a form.

I am aware other companies like LexisNexis and TALX have forms as well. The question is: is it mandatory?

CleaningUp

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Re: Consumer disclosure forms
« Reply #9 on: June 15, 2016 08:37:28 PM »
The debate ended when the court ruled that only explicitly prohibited behavior is illegal.


Bruno the JDB Killer

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Re: Consumer disclosure forms
« Reply #10 on: June 15, 2016 09:09:33 PM »
We care beating a dead horse here. We told you where you are legally, but you don't seem to want to believe any of us. You have several senior board members who have vociferously disagreed with each other in the past and will probably do so again in the future, but we are all on the same page here.

You do what you want. Go sue them, and report back here as to how you made out.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

howucantoo

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Re: Consumer disclosure forms
« Reply #11 on: June 15, 2016 09:59:29 PM »
You have several senior board members who have vociferously disagreed with each other in the past and will probably do so again in the future, but we are all on the same page here.

Sr. members ? Are you referring to age ? Then I agree to your (singular) seniority , other wise I don't think so. :vbrofl:

 OP is not a a Jr. He may not like to fill out an application because it's a  "company's Policy" and he feels he's not obligated to follow it, but that doesn't make him a Jr. He just likes to argue and make it his principle that he followed the rules the way he seemed "fit" in his situation.

He may not get his way, but that's his argument and he's standing by it.

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
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Bruno the JDB Killer

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Re: Consumer disclosure forms
« Reply #12 on: June 16, 2016 12:47:08 PM »
"Senior" just means we've been on the board for a few years. In your case, when you joined up computers were made of wood and you cranked them by hand. He can balk at the form all he wants, he's wrong. He signed up for their service, he has to play by their rules. No likey rules? Move to Chicago, where anything goes. Now go iron your poodle skirt.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.