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Fair Credit Reporting: Appendix B to Part 1022—Model Notices of Furnishing Negative Information
a. Although use of the model notices is not required, a financial institution that is subject to section 623(a)(7) of the FCRA shall be deemed to be in compliance with the notice requirement in section 623(a)(7) of the FCRA if the institution properly uses the model notices in this appendix (as applicable).
b. A financial institution may use Model Notice B-1 if the institution provides the notice prior to furnishing negative information to a nationwide consumer reporting agency.
Fair Credit Reporting: Appendix C to Part 1022—Model Forms for Opt-Out Notices
(a) Although use of the model forms is not required, use of the model forms in this appendix (as applicable) complies with the requirement in section 624 of the Act for clear, conspicuous, and concise notices.
Fair Credit Reporting: Appendix D to Part 1022—Model Forms for Firm Offers of Credit or Insurance
In order to comply with § 1022.54, the following model notices may be used:
(a) English language model notice.
(1) Short notice.
[Editor’s note: This notice is reproduced in Appx. C.8, infra.]
(2) Long notice.
Fair Credit Reporting: Appendix H to Part 1022—Model Forms for Risk-Based Pricing and Credit Score Disclosure Exception Notices
(1) This appendix contains four model forms for risk-based pricing notices and three model forms for use in connection with the credit score disclosure exceptions. Each of the model forms is designated for use in a particular set of circumstances as indicated by the title of that model form.
Fair Credit Reporting: Appendix I to Part 1022—Summary of Consumer Identity Theft Rights
The prescribed form for this summary is a disclosure that is substantially similar to the Bureau’s model summary with all information clearly and prominently displayed. A summary should accurately reflect changes to those items that may change over time (such as telephone numbers) to remain in compliance. Translations of this summary will be in compliance with the Bureau’s prescribed model, provided that the translation is accurate and that it is provided in a language used by the recipient consumer.
Fair Credit Reporting: Appendix K to Part 1022—Summary of Consumer Rights
The prescribed form for this summary is a disclosure that is substantially similar to the Bureau’s model summary with all information clearly and prominently displayed. The list of Federal regulators that is included in the Bureau’s prescribed summary may be provided separately so long as this is done in a clear and conspicuous way. A summary should accurately reflect changes to those items that may change over time (e.g., dollar amounts, or telephone numbers and addresses of Federal agencies) to remain in compliance.
Fair Credit Reporting: Appendix L to Part 1022—Standardized Form for Requesting Annual File Disclosures
[Editor’s note: This form is reproduced in Appx. C.2, infra.]
Fair Credit Reporting: Appendix M to Part 1022—Notice of Furnisher Responsibilities
The prescribed form for this disclosure is a separate document that is substantially similar to the Bureau’s model notice with all information clearly and prominently displayed. Consumer reporting agencies may limit the disclosure to only those items that they know are relevant to the furnisher that will receive the notice.
Fair Credit Reporting: Appendix N to Part 1022—Notice of User Responsibilities
The prescribed form for this disclosure is a separate document that is substantially similar to the Bureau’s notice with all information clearly and prominently displayed. Consumer reporting agencies may limit the disclosure to only those items that they know are relevant to the user that will receive the notice.
[Editor’s note: This form is reproduced in Appx. C.7, infra.]
Fair Credit Reporting: Authority and Source
AUTHORITY: 12 U.S.C. § 5514(a)(1)(B); 12 U.S.C. § 5514(a)(2); 12 U.S.C. § 5512(b)(1); 12 U.S.C. § 5514(b)(7)(A).
SOURCE: 76 Fed. Reg. 44,242 (July 22, 2011); 77 Fed. Reg. 42,898 (July 20, 2012), unless otherwise noted.
Fair Credit Reporting: 12 C.F.R. § 1090.100 Scope and purpose.
This part defines those nonbank covered persons that qualify as larger participants of certain markets for consumer financial products or services pursuant to 12 U.S.C. 5514(a)(1)(B) and (a)(2). A larger participant of a market covered by this part is subject to the supervisory authority of the Bureau under 12 U.S.C. 5514. This part also establishes rules to facilitate the Bureau’s supervision of such larger participants pursuant to 12 U.S.C. 5514(b)(7).
Fair Credit Reporting: 12 C.F.R. § 1090.101 Definitions.
For the purposes of this part, the following definitions apply:
Affiliated company means any company (other than an insured depository institution or insured credit union) that controls, is controlled by, or is under common control with, a person.
(1) For purposes of this definition “company” means any corporation, limited liability company, business trust, general or limited partnership, proprietorship, cooperative, association, or similar organization.
Fair Credit Reporting: 12 C.F.R. § 1090.102 Status as larger participant subject to supervision.
A person qualifying as a larger participant under subpart B of this part shall not cease to be a larger participant under this part until two years from the first day of the tax year in which the person last met the applicable test under subpart B.
Fair Credit Reporting: 12 C.F.R. § 1090.103 Assessing status as a larger participant.
(a) If a person receives a written communication from the Bureau initiating a supervisory activity pursuant to 12 U.S.C. 5514, such person may respond by asserting that the person does not meet the definition of a larger participant of a market covered by this part within 45 days of the date of the communication.
Fair Credit Reporting: 12 C.F.R. § 1090.104 Consumer Reporting Market.
(a) Market-Related definitions.
Annual receipts means receipts calculated as follows:
Fair Credit Reporting: 16 C.F.R. § 604.1 Severability.
All parts and subparts of this subchapter are separate and severable from one another. If any part or subpart is stayed or determined to be invalid, the Commission intends that the remaining parts and subparts shall continue in effect.
[69 Fed. Reg. 29,063 (May 20, 2004); 69 Fed. Reg. 35, 496 (June 24, 2004); 84 Fed. Reg. 31,191 (July 1, 2019)]
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Fair Credit Reporting: 16 C.F.R. § 681.1 Duties regarding the detection, prevention, and mitigation of identity theft.
(a) Scope. This section applies to financial institutions and creditors that are subject to administrative enforcement of the FCRA by the Federal Trade Commission pursuant to 15 U.S.C. 1681s(a)(1).
(b) Definitions. For purposes of this section, and appendix A, the following definitions apply:
Fair Credit Reporting: 16 C.F.R. § 681.2 Duties of card issuers regarding changes of address.
(a) Scope. This section applies to a person described in § 681.1(a) that issues a debit or credit card (card issuer).
(b) Definitions. For purposes of this section:
(1) Cardholder means a consumer who has been issued a credit or debit card.
(2) Clear and conspicuous means reasonably understandable and designed to call attention to the nature and significance of the information presented.
Fair Credit Reporting: Appendix A to Part 681
[Editor’s note: Appendix A to Part 681, “Interagency Guidelines on Identity Theft Detection, Prevention, and Mitigation,” is included at Appx. B.3.3, infra.]
Fair Credit Reporting: 16 C.F.R. § 682.1 Definitions.
(a) In general. Except as modified by this part or unless the context otherwise requires, the terms used in this part have the same meaning as set forth in the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.
Fair Credit Reporting: 16 C.F.R. § 682.2 Purpose and scope.
(a) Purpose. This part (“rule”) implements section 216 of the Fair and Accurate Credit Transactions Act of 2003, which is designed to reduce the risk of consumer fraud and related harms, including identity theft, created by improper disposal of consumer information.
(b) Scope. This rule applies to any person over which the Federal Trade Commission has jurisdiction, that, for a business purpose, maintains or otherwise possesses consumer information.