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FTC: Summaries of Rights and Notices of Duties Under the Fair Credit Reporting Act

ABA Contact: Nessa Feddis
Published: July 16, 2004 69 Federal Register 42616
Comments Due: August 16, 2004
Disposition: Filed August 16, 2004

Summary

The FTC has proposed summaries and notices related to rights and responsibilities under the Fair Credit Reporting Act ("FCRA"). Specifically, the Commission is requesting comment on proposals to:

  • Appendix E, a new summary of consumer identity theft rights that consumer reporting agencies ("CRAs") must distribute when a consumer contacts it to report fraud or identity theft.
  • Amendments to Appendix F, a general summary of consumer FCRA rights, which is being modified to take into account new consumer rights conveyed by the Fair and Accurate Credit Reporting Act ("FACT Act"). CRAs must provide this summary each time they make a written file disclosure.
  • Amendments to Appendix G, a notice setting forth duties of furnishers of information to CRAs, which CRAs must provide to furnishers on a one-time basis. It is being modified to take into account FACT Act amendments.
  • Amendments to Appendix H, a notice setting forth the duties of users of consumer reports which CRA must provide to users on a one-time basis. It is being modified to take into account FACT Act amendments.

Summary of ABA Comments

ABA's comments address the effective date and several provisions in the consumer summaries of rights. Specifically, ABA recommended that the provision of the summaries provided to consumers not be mandatory until after the provisions conveying the rights are effective. In addition, we made recommendations to clarify that consumers may be required to provide an identity theft report if they are requesting furnishers of information to block reporting of information related to identity theft. ABA also suggested language to make more clear when consumers may sue for FCRA violations.

2004 Regulations Chart
Federal Register Notice
Federal Register Proposed Rule
Comment Letter

Questions? Please contact Nessa Feddis for more information.