Can a credit bureau avoid following privacy rules if they get bought out by another company?
Quick Summary
No, Global Credit Systems cannot use the acquisition of DataTrack Solutions to dodge consumer protection laws. Federal law specifically prohibits credit bureaus from using corporate restructuring to evade their legal responsibilities.
The situation
I live in Florida and I have been dealing with a major headache regarding my credit history for about six months. Back in January, I noticed some extremely inaccurate information on my report from a company called DataTrack Solutions. I spent three months filing formal disputes and even sent certified letters to their office, but they basically ignored me and refused to fix the errors. However, last week, I received a notice saying that DataTrack Solutions was acquired by a much larger corporation called Global Credit Systems. I am worried that because this was a merger and the old company technically doesn't exist in the same way anymore, they might use this corporate restructuring as an excuse to dodge the consumer protection rules I was trying to enforce. I want to know if the new company is legally required to honor my previous disputes and follow the same strict reporting standards as the original agency, or if they can claim they aren't bound by the same regulations because they are a different corporate entity now. Can they just reorganize their business structure to get around the laws that protect my credit privacy?
Detailed Analysis
The short answer is no. Global Credit Systems cannot use the fact that they bought DataTrack Solutions as an excuse to ignore your disputes or bypass privacy rules.
Under federal law, consumer reporting agencies are strictly forbidden from using corporate changes to get around the rules. Specifically, the law prohibits a company from "circumventing or evading treatment as a consumer reporting agency... by means of a corporate reorganization or restructuring, including a merger, acquisition, dissolution, divestiture, or asset sale of a consumer reporting agency"[1]. This means that even though DataTrack Solutions has been acquired, the new owner, Global Credit Systems, is legally barred from using that change in structure to avoid the obligations that applied to the original company.
Furthermore, credit bureaus have a legal duty to ensure the information they provide is accurate. The law requires that "Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates"[2]. Because Global Credit Systems has taken over the business, they must maintain these standards and address the inaccuracies you identified in January.
It is important to note that while federal law prevents them from using a merger to escape regulation, the law does not automatically fix the errors for you. The new company must still follow the proper dispute processes to verify or correct the data. You should treat Global Credit Systems as the entity responsible for the data they now hold.
Statutory Citations
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1681x — Corporate and technological circumvention prohibited
"prevent a consumer reporting agency from circumventing or evading treatment as a consumer reporting agency... by means of a corporate reorganization or restructuring, including a merger, acquisition, dissolution, divestiture, or asset sale"View Official Legislation →
Legal Citation: Consumer Credit Protection Act (Truth in Lending, Fair Credit Reporting, Fair Debt Collection) § 15 U.S.C. § 1681e — Compliance procedures
"Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates."View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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