Get A Permissible Purpose Letter
To get a permissible purpose letter, a person or entity must obtain written consent from the consumer. Written consent from the consumer serves as a permissible purpose letter to obtain the consumer report.To obtain the consumer report without the consumer’s written consent is when the consumer applies for credit or credit extension. The credit or credit extension application serves as a permissible purpose for the entity or individual to acquire the consumer report. The consumer report can also be obtained without the consumer written consent through a court order as stated by the FCRA Section 604.
What Is Not A Permissible Purpose Under The FCRA?
The reselling of a consumer report is not a permissible purpose under the FCRA. The FCRA under Section 607 states that a person may not procure a consumer report for the purposes of selling the report unless the person discloses to the consumer reporting agency the following information. The following information includes the identity of the end-user of the report and each permissible purpose as stated in Section 604 for which the consumer report is furnished to the end-user of the report.
The disclosure of the fact of preparation is not a permissible purpose under the FCRA. The FCRA, under section 606, states that a person may not procure an investigative consumer report on any consumer except if it is clearly and obviously disclosed to the consumer the information in writing. The information in writing is that an investigative consumer report on the consumer's character, personal characteristics, general reputation, and mode of living may be made.
A DPPA Permissible Purpose
A Drivers Privacy Protection Act (DPPA) permissible purpose is created to safeguard personal information privacy assembled by the State Department of Motor Vehicles (DMVs). The State DMVs are prohibited by the DPPA from using personal information about an individual. Personal information about an individual that was obtained by the department in connection with a motor vehicle record is considered a violation under the DPPA. The DPPA sets the penalties for violations and makes violators liable for civil action against the individual to whom the released information pertains.
The DPPA's permissible purpose or uses limits the personal information disclosure for motor vehicles in certain circ*mstances. These certain circ*mstances are defined in Title 18 of U.S. Code § 2721. Title 18 of U.S. Code § 2721 states that personal information obtained by the department in connection with a motor vehicle record can be disclosed for use by any private persona or entity acting on behalf of a Federal, State, or any government agency. Government agencies include any court or law enforcement agency.
Personal information, as stated in Title 18 of U.S. Code § 2721, may also be disclosed for use in the driver, or motor vehicle safety and theft, emissions, product alterations, recalls, advisories, performance monitoring, and market research activities.
Also, Title 18 of U.S. Code § 2721 allows the release of personal information from State MDVs for use in the normal course of business by a legitimate entity. A legitimate entity includes its agents, employees, and contractors that will verify the accuracy of the information and also obtain the correct information for the purpose of preventing fraud.
Another circ*mstance is for use in connection with any civil, criminal, administrative, or arbitration proceeding in any Federal, State, or local court or agency. This includes the service of process, investigation, in anticipation of legal action, and the execution or enforcement of court decisions and orders, or pursuant to an order of a Federal, State, or local court.
Other circ*mstances, as stated by Title 18 of U.S. Code § 2721, are for use in research activities like producing statistical reports. Statistical reports must not publish, redisclose, or use personal information to contact individuals. The other permissible purposes defined by Title 18 of U.S. Code § 2721 are:
- For use by any insurer or insurance support institution in connection with claims investigation activities, anti fraud activities, rating, or underwriting.
- For use in producing notice to the owners of towed or impounded vehicles.
- For use by any authorized private investigative agency or licensed security service.
- For use regarding the operation of private till transportation facilities
- For use in response to requests for individual motor vehicle records if the State has obtained the express consent of the individual pertaining to the personal information.
- For use by any requester if the person demonstrates the obtained written consent of the individual pertaining to the personal information.
- For any other use particularly authorized under the law of the State that holds the record, if it is connected to motor vehicle operation or public safety.
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