Friday, July 01, 2005

New Shredding Rule

From the San Diego County Public Law Library's July Newsletter:

New Rule Requires Attorneys to Shred Shred Shred
The Federal Trade Commission just came out with a new rule requiring businesses who use consumer information to shred the reports instead of discarding them in the trash. Both attorneys and private investigators are required to comply with this rule, as well as landlords, mortgage brokers, and other professionals. As any good lawyer would, the question to ask now is "How is 'consumer information' defined?"

The Fair Credit Reporting Act defines the term "consumer report" as "any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for(A) credit or insurance to be used primarily for personal, family, or household purposes; (B) employment purposes; or(C) any other purpose authorized under section 604 [ยง 1681b]." Let the shredding begin...