Correct!

Answer: (a) Section 604 of the FCRA requires a court order before information is released by CRA. Current law allows attorneys to sign subpoenas and issue them, so they are not officially court orders. While there is some old case law that says subpoenas are sufficient, these decisions were made when courts actually issued the subpoenas. CRA should advise the attorney that the FRCA requires an order from the court under Section 604 and ask that the attorney obtain an order for the release and provide that to CRA. Of course, for business purposes it is a good idea to notify your client of the request, but it is not the client’s consent that is necessary for the release – it is the consumer’s consent. If the attorney provides a notarized signed release by the consumer who the report was about, then of course no court order would be necessary.

CRA, Inc. receives a subpoena from an attorney in an ongoing court case. The subpoena requires CRA to release a copy of a consumer report it previously provided to one of its clients. How should CRA respond?

a. The subpoena is insufficient under the FCRA so CRA should respond in writing to the attorney who issued the subpoena advising that the subpoena is insufficient.

b. The subpoena is insufficient under the FCRA so CRA should not do anything.

c. The subpoena is an official court document, so CRA should provide the information requested by the subpoena after first notifying its client of the request.

d. The subpoena is an official court document, so CRA should provide the information requested by the subpoena and nothing further.