CASE MANAGEMENT

CS 071P Credit Bureau Access

06/86 Revised 01/13/25 Training Completed 01/27/25 Last Reviewed 02/05/25

15 U.S.C. 1681a, 1681b, 1681q; R527-200, R477-11

 

 

Statutory Authority

 

United States Code, Title 15 – Commerce and Trade, Chapter 41 – Consumer Credit Reporting, Subchapter III – Credit Reporting Agencies, subsection 1681 – Congressional findings and statement of purpose states:

“(a) Accuracy and fairness of credit reporting

The Congress makes the following findings: 

 (1) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

(2) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

(3) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

(4) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer’s right to privacy.

(b) Reasonable procedures

It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.”

 

 

Federal Criteria for Releasing Consumer Reports

 

Pursuant to 15 U.S.C. §1681a(f), the term “consumer reporting agency” means “any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.”

 

Consumer reporting agencies may provide credit reports to ORS/CSS on qualified cases in accordance with 15 U.S.C. 1681b (a):

“(4) In response to a request by the head of a State or local child support enforcement agency (or a State or local government official authorized by the head of such an agency), if the person making the request certifies to the consumer reporting agency that—

(A) the consumer report is needed for the purpose of establishing an individual’s capacity to make child support payments or determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgement; 

(B) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises (if required by those laws); and

(C) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph (A), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.

(5) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.”  (Emphasis added.)

 

For more information on accessing credit reports, refer to subsection Consumer Report Access below.

 

 

Consumer Reports – Penalties 

 

The Fair Credit Reporting Act (FCRA) prohibits all ORS employees from intentionally accessing, discussing, or sharing any ORS information to satisfy any personal reason, interest or curiosity.  This means that you cannot access consumer reports on yourself, co-workers, friends, relatives, neighbors, etc.  In addition, 15 U.S.C. 1681q – Obtaining information under false pretenses states:

“Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.”

 

In addition, any ORS employee who intentionally violates this policy is subject to disciplinary action in accordance with R477-11-1 Disciplinary Action and R477-11-2 Dismissal or Demotion.

 

“R477-11-1. Disciplinary Action.

“(1) Agency management may discipline any employee for any of the following causes or reasons:

(a) noncompliance with these rules, agency or other applicable policies, including but not limited to safety policies, agency professional standards, standards of conduct and workplace policies;

(b) work performance that is inefficient or incompetent;

(c) failure to maintain skills and adequate performance levels;

(d) insubordination or disloyalty to the orders of a superior;

(e) misfeasance, malfeasance, or nonfeasance;

(f) any incident involving intimidation, physical harm, or threats of physical harm against co- workers, management, or the public;

(g) no longer meets the requirements of the position . . .”

 

R477-11-2. Dismissal or Demotion

“Management may dismiss or demote an employee for cause under Subsection R477-10-2(2)(e) and Section R477-11-1, and through the process outlined in this rule.”

 

 

Consumer Report Access

 

ORS contracts with one consumer reporting agency, TransUnion, for all consumer reports. There are strict requirements for accessing a consumer report.  They are as follows:

 

1.                   Only authorized individuals may access consumer reports;

 

2.                   A report may only be accessed for the purpose of carrying out the individual’s official duties;

 

3.                   The inquiry is based on an individual with an active CSS case;

 

4.                   Parentage has been established;

 

5.                   The authorized individual may only access a credit report on the NCP for whom s/he is the responsible worker; and,

 

6.                   The report may not be printed, saved or imaged into Content Manager.

 

NOTE:  When training another worker to access consumer reports, only use “live cases” in your team’s portion of the alphabet.  Remember never access a credit report on yourself, the person you are training, a co-worker, a friend, a relative, a neighbor, etc. For more information, refer to subsection Consumer Reports – Penalties, above.

 

 

Consumer Report Accessed in Error

 

Only access a consumer report according to the criteria listed above and on those individuals identified in the criteria.  If a consumer report is accessed in error, take the following steps;

 

1.                   Document the error – Narrate the error on the participant level narratives for the intended participant.  Make sure to include:

a.                   Detailed information regarding the access; and,

b.                   That an email has been sent reporting the unauthorized access.

 

2.                   Report the violation.