Prepared
Witness Testimony The Committee on Energy and Commerce W.J. "Billy" Tauzin, Chairman Identity Theft: Assessing the Problem and Efforts to Combat It. Mr. Robert Ryan
Introduction Good morning, Chairman Greenwood, Congressman Deutsch, and Members of the
Subcommittee. My name is Robert Ryan, and I am Senior Director of Government
Relations for TransUnion, LLC. TransUnion is a leading global provider of
consumer report information supported by more than 4,100 employees in more than
24 countries worldwide. I appreciate the opportunity to appear before you today
to discuss the role of TransUnion in the credit granting process and in
assisting consumers and our business customers in preventing and remediating
identity theft. The Role of TransUnion in the Credit Granting Process Consumer spending makes up approximately two-thirds of the U.S. gross
domestic product. A critical component of this economic driver is the
availability of consumer credit. Consumers in the United States have access to a
wide variety of credit from a number of sources at extremely competitive prices.
Consumers rely on the availability of credit for a variety of purposes, such as
the purchase of homes, cars, education, and daily needs. In fact, there is
approximately $7 trillion in outstanding mortgages and other consumer loans in
the United States. There is no question that our economy would suffer if
consumers could not easily access credit as they do today. It is my pleasure to
explain how TransUnion plays a critical role in the economic engine of credit
availability. In sum, we provide the information necessary for lenders,
regardless of where they are located, to make credit available to consumers all
across the United States. In order for a lender to extend a loan to a consumer,
the lender must evaluate the credit risks inherent in lending to that consumer.
The proper evaluation of the consumer's credit risks allows the lender to
determine whether to provide credit to the consumer and at what price. We
believe that the most accurate and predictive piece of information a lender can
use in evaluating a consumer's credit risk is a consumer report (also commonly
called a credit report). TransUnion is in the business of providing lenders with
this critical information. The Credit Reporting Process In order to more fully understand TransUnion's role in the credit
availability process, it is important to understand the credit reporting process
itself. TransUnion is a national consumer reporting agency. We are a nationwide
repository of consumer report information with files on approximately 200
million individuals in the United States. The information in our files generally
consists of: (i) identification information (including social security numbers);
(ii) credit history; (iii) public records (e.g. tax liens, judgments, etc.); and
(iv) a list of entities that have received the consumer's credit report from us.
It is also important to clarify what is not in a credit report. A TransUnion
credit report does not include checking or savings account information, medical
histories, purchases paid in full with cash or check, business accounts (unless
the consumer is personally liable for the debt), criminal histories, or race,
gender, religion, or national origin. Most of the information in our files is
provided to us voluntarily by a variety of sources. Although the Fair Credit
Reporting Act (FCRA) does not require anyone to furnish information to consumer
reporting agencies, or have any rules on the scope or nature of such
information, the law does establish certain important guidelines for those who
voluntarily furnish information to consumer reporting agencies. For example,
furnishers must meet certain accuracy standards when providing information to
consumer reporting agencies. Furnishers must also meet requirements ensuring
that the information the furnishers have reported to consumer reporting agencies
remains complete and accurate. Despite these legal obligations imposed on data
furnishers, lenders and others participate in the credit reporting process due
to the recognized value of complete and up-to-date credit reporting. In essence,
if lenders want accurate, complete, and up-to-date information on which they are
to base credit decisions, they must ensure a continuing supply of such data to
consumer reporting agencies. We take great pride in our ability to collect and
disseminate credit report information. In fact, TransUnion receives and
processes approximately 2 billion updates to consumers' credit files each month.
However, we do not distribute credit reports to just anyone. Under the FCRA, we
may not provide a credit report to anyone who does not certify to us that they
have a permissible purpose for such information. This protection ensures that
the distribution of credit reports is made only to those with a need for such
information (e.g. granting credit). The Role of TransUnion in Identity Theft Prevention and Remediation TransUnion Is Part of the Solution Identity theft is a serious problem and TransUnion is part of the solution.
Since the 1980s, when TransUnion developed the first application fraud detection
suite of services for credit grantors (our HAWK® products, introduced in 1983),
we have recognized that fraud through identity theft is a problem for which we
can be part of the solution. We have been helping our customers detect and avoid
application fraud for over 20 years, thus reducing the number of consumers
affected by identity theft. In the mid-1980s we were the first consumer
reporting agency to initiate the development of special procedures to assist
identity theft victims, including expedited dispute verification processes and
the deletion of fraudulent information. In the late 1980s we developed the
innovation of a "security alert" flag on credit reports, to alert our
customers to use extra caution in opening new accounts. In 1992, we were the
first national consumer reporting agency to establish a special Fraud Victim
Assistance group within our organization that is solely dedicated to identity
theft problems. In the 1997 we began immediate suppression, at the same time the
dispute investigation process was initiated, of fraud-related information on a
consumer's file upon their presentation of a police report or other
documentation confirming the fraud. In March 2000, this process became an
industry standard. Our identity fraud specialists work with consumers, industry,
and government agencies to remediate damaged credit files as quickly as
possible, to take preventive steps that reduce further victimization, and to
cooperate with law enforcement authorities in their investigations and
prosecutions of this crime. As we explain on our website, www.transunion.com,
our process includes posting a security alert, opting the victim out of
prescreening if the victim wishes, providing the victim a free credit report,
and notifying inquirers whose inquiries were due to fraud. We are proud to have
played a leadership role in the development of processes that have become
national standards today and expect to continue this leadership to combat this
growing crime. The Importance of National Standards in Combating Identity Theft:
The FACT Act of 2003 The Fair and Accurate Credit Transactions Act of 2003 As you know, on December 4, 2003, President Bush signed into law the Fair and
Accurate Credit Transactions Act of 2003, or the FACT Act. We applaud Congress
for enacting the FACT Act, which makes permanent important national standards in
the credit reporting system, and includes a comprehensive set of provisions
pertaining to identity theft. I am pleased to note that many of the identity
theft provisions in the FACT Act are based on innovations that TransUnion and
other consumer reporting agencies have developed to help consumers in the fight
against identity theft. A significant provision in the new law is a requirement to provide free
credit report annually to consumers upon request. This new obligation springs
from the idea that if the credit report is free there will be increased access
to credit histories by more people, and that increased access will improve
accuracy and reduce identity theft by encouraging individuals to regularly
review their credit reports. There remains significant debate as to the validity
of this logic since credit reports were always accessible for a modest fee
(currently $9) and for many years all national consumer reporting agencies have
provided free credit reports, upon request, to identity theft victims and to
individuals who think there may be fraudulent information on their reports. The new law also provides for three types of security alerts in credit
reports-an initial alert (upon a good faith suspicion that the individual may be
subject to identity theft), a "military" alert (for our men and women
serving in the military away from home), and an extended alert (in cases of
actual identity theft). As a general matter, certain users of consumer reports
(e.g. creditors) are required to take steps to confirm a consumer's identity
prior to extending credit when these alerts are present on credit reports. As I
mentioned above, TransUnion was a pioneer in giving consumers the opportunity to
place security alerts in their credit files. The FACT Act also codifies what has been our industry's voluntary practice
concerning the immediate blocking of information related to identity theft upon
the consumer's providing us with an identity theft report-usually a police
report. This practice is also known as "tradeline blocking." The
national consumer reporting agencies are required to share information about
security alerts and blocked data among themselves, so that a consumer's actions
with one consumer reporting agency will flow to the others, and be reflected on
their credit reports. The FACT Act will also benefit consumers by requiring the Federal Trade
Commission to develop a summary of consumer rights under the FCRA with respect
to the procedures for remedying the effects of fraud or identity theft involving
credit or other financial accounts or transactions. This provision is designed
to assist identity theft victims in understanding the numerous tools at their
disposal, such as the use of security alerts or tradeline blocking, to mitigate
the harms of identity theft. Consumer reporting agencies will provide a summary
of these rights to any consumer who contacts them and expresses a belief that he
or she is a victim of fraud or identity theft involving a financial transaction. The FACT Act also requires a consumer reporting agency to provide a
"heads up" to a user of credit reports if the user submits to a
consumer reporting agency an address for a consumer that does not match an
address in the consumer reporting agency's files. This provision is based on
existing practices used by TransUnion to notify creditors and others that the
consumer's address does not match one we have on file. This serves as another
protection against identity theft, where the criminal may use a victim's
identification information but the criminal's address in order to obtain credit
or other goods or services. Under the FACT Act, the user of a credit report that
contains such a notice of discrepancy will need to take certain steps to reduce
the risk that the transaction is the result of identity theft. The issue of data furnishers providing the consumer reporting agency
information that has been identified as fraudulent by the consumer reporting
agency, and has been "blocked" by the consumer reporting agency, has
been addressed by the FACT Act in two ways. First, in certain circumstances, the
law prohibits the sale to third parties of accounts on which the creditor has
received a notice of identity theft from either the consumer directly, or from
the consumer reporting agency. The intent is to prevent the fraudulent
information from finding its way back onto the credit report in the form of a
report from a third party collection agency. Second, the FACT Act prohibits data
furnishers from providing information to a consumer reporting agency if the
consumer provides them an identity theft report identifying the relevant
information as resulting from identity theft, or if the furnishers are notified
by a consumer reporting agency that an identity theft report has been filed with
respect to such information. Furnisher Obligations Because the FACT Act makes permanent the national standards pertaining to
data furnisher obligations, it removed the danger that state laws pertaining to
furnisher obligations could have reduced the number of entities willing to
provide information to consumer reporting agencies. Withdrawal of data
furnishers from the system would result not only in a loss of the credit
information they provide but would also result in the loss of the address
updates they provide. TransUnion's database relies on addresses that are in
active use by creditors in mailing monthly statements to their customers. The
fact that most data furnishers today also provide us with the social security
number of their customers allows us to bridge address changes and name
variations that commonly occur in our society. Businesses and government
agencies with a permissible purpose to obtain a consumer report rely on our
robust national database of names, social security numbers, and up to date
addresses for a variety of fraud prevention and identity authentication
services. With less current identification or address information coming into
the database, the performance of these services would suffer. Reinvestigation
Timeframes In identity theft cases, the consumer reporting agency is tasked with sorting
out accurate and inaccurate information about the consumer. This is a difficult
process and, if not done properly, could affect not only the consumer's ability
to obtain credit but the safety and soundness of our financial institutions. We
were gratified that the FACT Act preserved the national standard for
reinvestigation processes and timeframes. In this regard, identity theft victims
in Pennsylvania will continue to be treated no differently than victims from
California to Florida. As a nation, we cannot have any other result. Conclusion
At TransUnion, we are proud of our leadership in the development of processes
and procedures to prevent and remediate identity theft. We applaud the 108th
Congress for enacting the FACT Act, creating important new national standards
that will help remediate identity theft. We are gratified that many of the
provisions in the bill were based on credit reporting industry standards that
TransUnion helped put in place. Mr. Chairman, Congressman Deutsch, and members
of the Subcommittee, I sincerely appreciate your invitation to testify today on
identity theft. TransUnion looks forward to continuing to be part of the
solution to this terrible crime. The
Committee on Energy and Commerce |
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