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October 15, 2018

Compliance: 'Goodwill adjustments' on members' credit reports are acts of noncompliance

blogIs it OK to remove accurate reporting from a members' credit report that has a negative effect on their credit score? NAFCU Senior Regulatory Compliance Counsel Elizabeth Young LaBerge says no and explains that answer in today's Compliance Blog post.

"The NAFCU Regulatory Compliance Team has had a variety of questions in the past several months about removing negative reporting from a member's credit report," LaBerge writes. "Unfortunately, removing accurately reported negative information isn't up to the credit union."

She writes that the Fair Credit Reporting Act requires any credit union that furnishes information to a consumer reporting agency (CRA) to provide accurate information. "Even if information were only removed to benefit a consumer, another possible consideration is the issue of discrimination and fair lending. If the information is removed for one member, that could theoretically raise issues of discrimination if the credit union does not extend that same good will towards others," LaBerge writes.

She adds that the Bureau of Consumer Financial Protection (previously the CFPB) details reporting obligations in Compliance Bulletin 2016-01 and has a Q&A on this topic.

"While credit unions hate to disappoint members, it appears that requests for 'goodwill adjustments' do represent a real risk of noncompliance," LaBerge concludes.