Fair Credit Reporting: 8.8.2.3.1 Clear and conspicuous; simple and easy to understand
The FCRA requires that the prescreening use notice must be “clear and conspicuous.”451 Prior to Regulation V, this had ordinarily been a question for the court to determine.452 Courts relied on cases under the Uniform Commercial Code and the Truth in Lending Act for guidance.453 However, the issuance of Regulation V in 2005 established definitive guidance on the format of the disclosure.