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Consumer Law Keyed to Whaley, 9th Ed.
Trans Union Corp. v. Federal Trade Commission
Citation:
245 F.3d 809 (2001)Facts
Trans Union Corporation operates as a consumer reporting agency maintaining a credit database containing information on 190 million adults compiled from tradelines received from lenders. The company sells two types of products: traditional credit reports to lenders, employers, and insurance companies, and target marketing lists to marketers. To create target marketing lists, Trans Union maintains MasterFile, a subset of its credit database containing consumers with at least two active tradelines or one active tradeline plus a confirmed address. Trans Union compiles target marketing lists by extracting names and addresses of individuals meeting purchaser-specified criteria such as possession of mortgages, credit cards with specific limits, or auto loans. Although the lists contain only names and addresses, purchasers know every listed individual possesses the requested characteristics because Trans Union uses those characteristics as selection criteria. The FTC determined that this information, including credit limits, loan open dates, number and type of tradelines, and mere existence of tradelines, is used by lenders in prescreening and credit scoring models as factors in determining credit eligibility.
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