10 §1330. Solicitation using prescreened trigger lead information from consumer report

Title 10: COMMERCE AND TRADE

Part 3: REGULATION OF TRADE

Chapter 210: FAIR CREDIT REPORTING ACT

§1330. Solicitation using prescreened trigger lead information from consumer report

1. Use of prescreened trigger lead information. When using prescreened trigger lead information derived from a consumer report to solicit a consumer who has applied for a loan with another lender or loan broker, a lender or loan broker may not use unfair or deceptive practices described in subsection 2.

[ 2007, c. 273, Pt. A, §34 (NEW); 2007, c. 273, Pt. A, §41 (AFF) .]

2. Unfair or deceptive practices. Without limitation, it is an unfair or deceptive practice to:

A. Fail to state in the initial phase of the solicitation from a lender or loan broker that the solicitor is not affiliated with the lender or loan broker with which the consumer initially applied; [2007, c. 273, Pt. A, §34 (NEW); 2007, c. 273, Pt. A, §41 (AFF).]

B. Fail in the initial solicitation to conform to state and federal law relating to prescreened solicitations using consumer reports, including the requirement to make a firm offer of credit to the consumer; [2007, c. 273, Pt. A, §34 (NEW); 2007, c. 273, Pt. A, §41 (AFF).]

C. Knowingly or negligently use information regarding consumers who have opted out of prescreened offers of credit or who have placed their contact information on the federal do-not-call registry; or [2007, c. 273, Pt. A, §34 (NEW); 2007, c. 273, Pt. A, §41 (AFF).]

D. Solicit a consumer with offers of certain rates, terms and costs with intent to subsequently raise the rates or change the terms to the consumer's detriment. [2007, c. 273, Pt. A, §34 (NEW); 2007, c. 273, Pt. A, §41 (AFF).]

[ 2007, c. 273, Pt. A, §34 (NEW); 2007, c. 273, Pt. A, §41 (AFF) .]

SECTION HISTORY

2007, c. 273, Pt. A, §34 (NEW). 2007, c. 273, Pt. A, §41 (AFF).