The FTC and the Department of Justice join to protect consumers under FCRA.
The Fair Credit Reporting Act ensures the proper procedures are used for accessing consumer credit and public records information. The FCRA ensures accuracy and confidentiality of sensitive consumer information. The FTC assumes a role of administrative enforcement. Only the Department of Justice works with the Federal Trade Commission to try criminal abuses of the FCRA.
Fair Credit Reporting Act and The FTC Act
The Federal Trade Commission is empowered to use all of the enforcement authority available under the FTC Act. The FCRA, combined with the FTC Act, provides greater protection of consumers' confidential credit and personal information. "Consumer Protection Law Developments," a book published in 2009, underscore the importance of the FTC Act. A violation of the FCRA counts as a secondary violation of the FTC Act. Section 5 of the FTC Act also provides protection against violations that aren't included in existing consumer credit law.
FCRA and State Protections
Some administrative enforcement of FCRA occurs under the direction of other government agencies. According to the Electronic Privacy Information Center (EPIC), some state protections may be more inclusive than FCRA. Individuals seeking recourse against businesses or individuals should explore state law in addition to FCRA. For example, laws such as Gramm-Leach-Bliley Act, the Driver's Protection Privacy Act, the Right to Financial Privacy Act and others pave the way for states to provide greater consumer credit and privacy protection in the future.
Department of Justice
The Fair Credit Reporting Act protects consumers from criminal activities related to access of credit information. The FTC and the Department of Justice work together to protect consumer rights. The FTC has previously prosecuted individuals and organizations when sensitive consumer information is improperly requested or used. The Department of Justice engages with the Federal Trade Commission in bringing criminal prosecutions to trial.
Other Administrative Enforcers of the FCRA
The FCRA outlines several other agencies that can work with the Federal Trade Commission to enforce federal law, including the Federal Depository Insurance Corporation (FDIC), national and international banks, Federal agencies of international banks, member banks of the Federal Reserve System, the National Credit Union Administration Board, the Secretary of Transportation, the Secretary of Agriculture and state and local authorities.
