QuestionQ217

Federal Privacy Laws

What was one primary reason a court determined that the 2017 Equifax breach involving data from nearly 150 million consumers did not constitute a Fair Credit Reporting Act (FCRA) violation?

  • A Equifax was not subject to the FCRA.
  • B Most of the stolen information was more than seven years old.
  • C The security standards Equifax deployed were compliant with FCRA.
  • D The stolen information did not affect any consumer's creditworthiness.
Explanation

The FCRA defines a consumer report as information communicated by a consumer reporting agency that bears on a consumer’s creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living for an eligibility purpose. The stolen personally identifying information did not bear on consumers’ creditworthiness and therefore was not a consumer report for the asserted FCRA claim.

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