Mondaq: CFPB Classifies Data Brokers as Credit Reporting Agencies in New Proposal
December 10, 2024
On Dec. 3, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposed rule that would treat data brokers as credit reporting agencies, subjecting them to requirements under the Fair Credit Reporting Act (FCRA). The rulemaking would also limit the sale and transfer of credit header data, which contains consumer identifiers, including names, dates of birth and addresses.
Accordingly, it impacts compliance requirements and liability for a wide variety of stakeholders using public data, including financial institutions, housing providers, collectors, fintechs, credit reporting agencies, insurance companies, employers and many others.
The CFPB framed the rulemaking as a necessary action to protect national security interests and vulnerable populations from fraud and data theft. Industry stakeholders have raised significant concerns about the overbreadth of the rule, which could limit the ability to use public data in many ways that benefit consumers and the economy, and more broadly that the CFPB is attempting to circumvent Congress and rewrite law.
The CFPB proposal comes just a few weeks before a change in administration and after lawmakers including Sen. Tim Scott (R-SC) and Rep. French Hill (R-AR) have called on agencies not to engage in midnight rulemaking. The rulemaking will likely be halted once President-elect Trump takes office, and its future prospects are uncertain.
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