CFE-INVESTIGATION practice question 22 of 25

Leslie, a fraud examiner for ACME Corporation, suspects that a salesperson for another company has defrauded ACME. Leslie wants to obtain a copy of…

Full set: 170 questions
Leslie, a fraud examiner for ACME Corporation, suspects that a salesperson for another company has defrauded ACME. Leslie wants to obtain a copy of the suspect individual's credit report and personal data from a third-party information broker If Leslie works in a jurisdiction that regulates the distribution of personal credit information, she generally can obtain the information if she has the consent of the individual.
Answer options
A: True Correct answer
B: False
Correct Answer:
A. True
Explanation

Laws in many jurisdictions, such as the Fair Credit Reporting Act (FCRA) in the United States, strictly regulate access to personal credit information. However, these laws generally permit a consumer reporting agency to furnish a report under specific circumstances, one of which is in accordance with the written instructions or consent of the consumer to whom it relates. Therefore, a fraud examiner can legally obtain a suspect's credit report from a third-party information broker if they have secured the individual's explicit consent. This is a common and legally sound method for gathering financial information during an investigation.

Why Incorrect

B. False: This is incorrect because obtaining consent is a primary and legally recognized basis for accessing an individual's personal credit information under most data protection and credit reporting regulations.

References

ACFE. (2023). Fraud Examiners Manual, International Edition. Section 2.308, "Information from Credit Bureaus." The manual states that under the FCRA, a consumer report may be obtained with the consumer's written consent.

Gramm-Leach-Bliley Act (GLBA), 15 U.S.C. §§ 6801-6809. This act, along with the FCRA, establishes the legal framework for accessing financial information, where consumer consent is a key provision for permissible access.

Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681b(a)(2). This section explicitly lists "in accordance with the written instructions of the consumer to whom it relates" as a permissible purpose for furnishing a consumer report.

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