Why 'Round-Robin' Emails Are a Bad Way to Share Credit Information



Why 'Round-Robin' Emails Are a Bad Way to Share Credit Information

Exchanging credit information in an “Open E-mail” environment is a very dangerous practice as it relates to antitrust and defamation [libel, specifically]. We [NACM] recommend that creditors do not participate in this type of exchange and cannot endorse it as a proper method or medium of exchange as eventually it leads to the invitation of legislative effort to restrict and/or restrain creditors from other, or possibly all, types of accepted methods of credit information exchange.

All companies included on an open email distribution list for the purpose of soliciting or disseminating credit information are vulnerable to claims [real or imagined] from Subjects [agents] of these open email inquiries and exchanges, that they may have been injured from this type of public domain communication. NACM suggests that any company and any individual notify the sender of such messages to remove their company and their individual name(s) from the distribution list and to make that request in such form that all others on the distribution list may be aware of the request to be permanently removed from such communications.

In the event of a claim of injury by the Subject of an open email exchange it will not be enough to save the company or individual from defending the claim in court by merely deleting the email or not participating in the exchange. This is what is referred to as ‘cement shoes’ in the legal system. In other words, if you are not completely disassociated from the alleged injurious action then you are associated, and will be named in any cause of action that may come to pass.

Mike Brittain

NACM Great Lakes Region, Inc.