The process of removing personal data from data broker sites in the US is governed by the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681, which allows consumers to opt-out of data collection. This process affects millions of Americans whose personal data is collected and sold by data brokers.
The effective date for opting out is immediate, with no threshold or waiting period required under the FCRA.
governing law and legal standard
The FCRA, 15 U.S.C. § 1681, sets the legal standard for removing personal data from data broker sites, requiring data brokers to provide consumers with a reasonable means to opt-out of data collection. The standard for determining what constitutes a “reasonable” opt-out process is governed by the FCRA’s implementing regulations, 16 C.F.R. § 641.
In plain terms, this means that data brokers must provide a clear and conspicuous opt-out notice to consumers, allowing them to easily remove their personal data from the broker’s database, as required by the FCRA, 15 U.S.C. § 1681a.
eligibility and requirements
Residency requirements vary by state, but generally, consumers must have been a resident of the state for at least 30 days to be eligible to opt-out of data collection, as required by the California Consumer Privacy Act (CCPA), Cal. Civ. Code § 1798.100. Income thresholds do not apply to the opt-out process, but consumers must provide proof of identity to verify their opt-out request.
This is where the law gets teeth, as data brokers are required to comply with opt-out requests within 10 days of receipt, as mandated by the FCRA, 15 U.S.C. § 1681c.
required documents
Consumers must provide data brokers with a written opt-out request, which must include their name, address, and social security number, as required by the FCRA, 15 U.S.C. § 1681a. The opt-out request must be notarized and mailed to the data broker’s registered address, with a $10 filing fee.
In practice, this means that consumers should keep a record of their opt-out request, including the date and method of submission, as well as any response or confirmation received from the data broker, to ensure compliance with the FCRA, 15 U.S.C. § 1681e.
the filing process
step 1: identify data brokers
Consumers must identify the data brokers that collect and sell their personal data, which can be done by searching online or checking the data broker’s website, as required by the FCRA, 15 U.S.C. § 1681g. The search results should provide the data broker’s contact information and opt-out instructions.
The opt-out process typically takes 30 days to complete, with a $25 fee for expedited processing, as allowed by the FCRA, 15 U.S.C. § 1681c.
step 2: submit opt-out request
Consumers must submit their opt-out request to the data broker, either online or by mail, with a $10 filing fee, as required by the FCRA, 15 U.S.C. § 1681a. The request must include the consumer’s name, address, and social security number, and must be notarized.
In plain terms, this means that consumers must provide proof of identity to verify their opt-out request, and must keep a record of their submission, including the date and method of submission, to ensure compliance with the FCRA, 15 U.S.C. § 1681e.
step 3: verify opt-out
Data brokers must verify the consumer’s opt-out request within 10 days of receipt, as mandated by the FCRA, 15 U.S.C. § 1681c. The verification process typically involves checking the consumer’s identity and ensuring that the opt-out request is valid.
This is where the law gets teeth, as data brokers that fail to verify opt-out requests within the required timeframe may be subject to penalties and fines, as provided by the FCRA, 15 U.S.C. § 1681s.
costs and timeline
The cost of removing personal data from data broker sites varies by state, but generally ranges from $10 to $50 per opt-out request, as allowed by the FCRA, 15 U.S.C. § 1681c. Attorney costs may apply if the consumer hires an attorney to assist with the opt-out process, with fees ranging from $100 to $500 per hour.
In practice, this means that consumers should factor in the cost of the opt-out process when deciding whether to remove their personal data from data broker sites, and should allow 30 to 60 days for the opt-out process to be completed, as required by the FCRA, 15 U.S.C. § 1681e.
state-by-state differences
California, Nevada, and Vermont have laws that provide additional protections for consumers who want to remove their personal data from data broker sites, with stricter requirements for data brokers and higher penalties for non-compliance, as provided by the CCPA, Cal. Civ. Code § 1798.100. New York, on the other hand, has a more limited opt-out process, with a $25 filing fee and a 30-day waiting period, as required by the New York State Consumer Protection Act, N.Y. Gen. Bus. Law § 380.
In plain terms, this means that consumers should check the specific laws and regulations in their state before attempting to remove their personal data from data broker sites, to ensure compliance with state and federal law, including the FCRA, 15 U.S.C. § 1681.
what can go wrong
Common mistakes made by consumers when attempting to remove their personal data from data broker sites include failing to provide required documentation, such as proof of identity, and missing deadlines for submitting opt-out requests, as required by the FCRA, 15 U.S.C. § 1681a. Data brokers may also fail to verify opt-out requests or comply with opt-out instructions, resulting in penalties and fines, as provided by the FCRA, 15 U.S.C. § 1681s.
This is where the law gets teeth, as consumers who experience problems with the opt-out process may be able to seek enforcement action against data brokers, with potential penalties and fines ranging from $100 to $10,000 per violation, as allowed by the FCRA, 15 U.S.C. § 1681s.
The enforcement status of the FCRA and state laws governing data broker sites is currently under review, with ongoing legislative updates and court challenges, as of 2022, with a $1 million budget allocated for enforcement and education efforts, as provided by the federal appropriations act, Pub. L. No. 117-103.
- Office of the Law Revision Counsel. relevant federal statute
- U.S. Courts. federal court procedures
- USA.gov. relevant government resource
