Policy and Procedure for Compliance with Regulation V Human Trafficking
The purpose of this policy is to establish procedures for the Company to comply with the Regulation V Human Trafficking Rule, which prohibits the furnishing of a consumer report that contains adverse information resulting from human trafficking. This policy also establishes procedures for us to review trafficking documentation and make determinations regarding such documentation and consumer notification requirements.
Policy and Procedure:
- Information has been added on our website stating how consumers can submit trafficking documentation and appropriate proof of identity to us.
Proof of Identity
- We have developed and implemented reasonable requirements for what information consumers must provide to constitute proof of identity.
(1) We insure that the information is sufficient to enable the consumer reporting agency to match consumers with their files; and
(2) We adjust the information to be commensurate with an identifiable risk of harm arising from misidentifying the consumer.
(b) Examples of information that generally constitutes reasonable information requirements for proof of identity include, but are not limited to:
(1) Consumer file match. The identification information of the consumer including his or her full name (first, middle initial, last, suffix), any other or previously used names, current and/or recent full address (street number and name, apt. no., city, state, and zip code), full nine digits of Social Security number, and/or date of birth.
(2) Additional proof of identity. Copies of government issued identification documents, utility bills, and/or other methods of authentication of a person’s identity which may include, but would not be limited to, answering questions to which only the consumer might be expected to know the answer.
The risk of harm to the consumer identified under Regulation V would be from failure to block what the consumer wants to be blocked.
Proof of Trafficking Harm
- Victims of trafficking are required to include “trafficking documentation” as part of their submission to us to request a block of adverse items of information that resulted from trafficking.
“Trafficking documentation” includes two categories of documentation: victim determination and identified adverse items of information.
Victim determination is generally defined as documentation of a determination that a consumer is a victim of trafficking, made by either:
- a Federal, State, or Tribal governmental entity,
- a court of competent jurisdiction, which includes certain documents filed in court;
- a non-governmental organization or human trafficking task force, including victim service providers affiliated with these entities, authorized by a Federal, State, or Tribal government entity; or
- a self-attestation by a consumer who identifies as a victim of trafficking that is signed or certified by a Federal, State, or Tribal government entity, court of competent jurisdiction, or an authorized representative of these entities.
Identified adverse items of information are generally documents that identify items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from a severe form of trafficking in persons or sex trafficking. The Regulation V does not define what an “adverse item of information” is but notes that it could include records containing derogatory information, such as payment delinquencies or defaults, records of coerced debt, records of criminal arrests and convictions, and records of evictions or non-payment of rent. We follow these guidelines and evaluate any other adverse items requested by the consumer.
- We provide consumers with two mailing addresses to submit trafficking documentation and appropriate proof of identity:
- At a mailing address established specifically for consumer submissions of trafficking documentation and appropriate proof of identity.
- At the same mailing address used for disputes under section 611 of the FCRA.
- We must also establish a website address specifically for consumer submissions of trafficking documentation and appropriate proof of identity. We also can accept claims of human trafficking where we accept consumer disputes.
Duty to Block Information
- We block adverse information within four (4) business days of receiving the consumer’s submission.
- We must notify the consumer within five (5) business days of receiving a consumer’s submission if additional information is necessary to complete the submission or if any of the required documentation is missing.
- For the above and all required communications under the Rule, we use only use the consumer’s preferred contact method.
- Any requests to the consumer regarding additional or missing information are limited to situations where:
- We cannot reasonably confirm the consumer’s (or consumer representative’s) appropriate proof of identity;
- The consumer did not provide a victim determination; or
- We cannot properly identify the adverse items of information.
We cannot use discretion to challenge a consumer’s determination that an adverse item of information resulted from a severe form of trafficking in persons or sex trafficking under the Rule V if the required information has been provided.
- We must make a final determination on the consumer’s request within 25 business days of receiving a consumer’s submission. A final determination under the Rule V is either to initiate or maintain the block of adverse information initially placed or decline and rescind a block. We only decline and rescind a block after notifying the consumer, or the consumer’s representative, using the method of contact specified by the consumer and attempting to resolve any deficiencies in the consumer’s submission.
We do not make a determination based on the validity of the facts or circumstances in the consumer’s trafficking documentation submission.
- We notify the consumer in writing within five (5) business days after making a final determination. The notice to the consumer includes all of the following:
- A statement that the review is complete.
- A statement explaining the outcome.
- A new consumer report provided at no cost to the consumer (if applicable).
- A description of the procedures used to make the determination. (Basically reviewing the information provided to meet the requirements of Rule V).
- An appeal method.
- A link to the CFPB’s consumer complaint portal. https://www.consumerfinance.gov/complaint
- We must maintain records of the outcome of consumer submissions and compliance with the Final Rule for a period of seven (7) years.