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The Federal Trade Commission is releasing final versions of some of the documents it is required to provide under the Fair Credit Reporting Act (FCRA), which was recently significantly amended by the Fair and Equitable Credit Transactions Act. Here are: a summary of the rights under the FCRA of victims of identity theft; A general summary of consumer rights under the FCRA; Notice of reporting duties to consumer reporting agencies; and notices regarding duties of users of information received from consumer reporting agencies. These documents will be distributed by consumer reporting agencies and others to consumers and businesses that use information obtained from consumer reporting agencies or provide information to consumer reporting agencies.
For a patent summary, contact Monique Einhorn, Attorney, Planning and Information Division, Federal Trade Commission, 600 Pennsylvania Ave. NW., Washington, DC 20580, 202-326-3228; For a general summary of consumer and supplier rights and user notices, contact William Haynes, Attorney, Division of Financial Practices, Federal Trade Commission, 600 Pennsylvania Ave. NW., Washington, DC 20580, 202-326-3224.
The Commission has issued in final form four documents describing rights and duties under the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681
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The Commission is issuing these documents because of changes to the FCRA made by the Fair and Equitable Credit Transactions Act of 2003 (FACT Act or Act), Public Law 108-159, 117 Stat. 1952 was signed into law on December 4, 2003.
Amendments to the FACT Act directed the commission to provide, for the first time, a summary of the rights of identity theft victims. The FACT Act’s changes to the FCRA also obsolete three documents the Commission issued in 1997: a general summary of consumer rights under the FCRA; Notice of FCRA whistleblower duties to consumer reporting agencies; and notices regarding duties under the FCRA to users of information obtained from consumer reporting agencies. 62 FR 35586 (1997).
The Commission released proposed versions of all four documents for public comment on July 16, 2004. 69 FR 42616 (2004). The Commission received numerous comments from consumers and from the following: organizations representing consumer interests (“comments from consumer groups”); Banks, Credit Unions, and Bank Associations (“Financial Comments”); business entities and groups (“business comments”); and members of industry and consumer reporting associations (“industry commenters”).
Because many commenters in a group have raised the same issue or issues, we will refer in this discussion to commenters by group (
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, “financial commentator,” “industry commentator”) unless it is useful to identify the commentator by name. Those interested in reviewing the comments can go to the Commission’s website (
And the National Credit Union Administration, to prepare a summary of consumer rights models “regarding procedures to remedy the effects of fraud or theft.” A summary of this model must be distributed by the consumer reporting agency to consumers who “contact the consumer reporting agency and express a belief that the consumer is a victim of fraud or identity theft.” Section 609(d)(2) states that the consumer reporting agency’s obligation to distribute this summary begins 60 days after the date the Commission determines the model rights summary in final form.
The proposed summary discusses the important rights of identity theft victims under the FCRA to address the effects of identity fraud or theft. These include: the right to receive free disclosure of documents, the right to file a fraud alert, the right to receive documents or information related to transactions involving the consumer’s personal information, the right to block reports from consumer reporting agencies as a result of identity. Theft, and the right to protect those who provide information to consumer reporting agencies from information resulting from identity theft. In preparing the summary of the proposed model and the final section, the Committee consulted with the Federal Banking Agency and the National Credit Union Administration, as required by section 609(d).
Section 609(d) requires the Commission to provide a “model” summary and requires the Consumer Reporting Agency to distribute the summary containing “all information requested by the Commission.” On July 16, 2004, the commission’s Federal Register notice stated that summaries published by consumer reporting agencies would be in compliance if they presented “information the commission determines ‘clearly and clearly’ in a form similar to the commission’s summary.” 69 FR 42616, 42617.
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Consumer group commenters expressed significant concerns about the apparent flexibility allowed under the “similarly similar” approach. It is suggested that even small deviations in the wording or placement of rights in the document may allow the meaning of important rights to lose their distinction or lack the required conditions to make them more obvious to consumers.
Section 609(d)(2) requires that an identity theft summary provided by a consumer reporting agency to a consumer must contain all of the information contained in the summary prescribed by the Commission. Under this legislative direction, Consumer Reports cannot remove any part of the copyright summary. By specifying that the summary must be “similarly similar” to the Commission’s prescribed form, the Commission intended only that the consumer reporting agencies have room to make minor changes without violating the FCRA. The Commission added the definition of “substantially similar” to 16 CFR 698.3.
Feedback from consumer groups suggested that for some consumers (especially those for whom English is not their primary language) the information and procedures discussed in the model summary may be difficult to understand. These comments also emphasize the need for the Commission’s outreach efforts to educate consumers.
The committee has tried as much as possible to use clear language in the summary, but agrees that the notice must be supplemented by dissemination efforts and intends to do so. In addition, to better serve the Spanish-speaking portion of the population, the Commission added a statement in Spanish at the top of the summary to inform Spanish-speaking consumers where they can find more information in Spanish. In addition, the Commission will provide a Spanish translation of the summary, which will be available on the Commission’s anti-theft website, along with other information in Spanish. The Commission added language in appendix E to 16 CFR part 698 stating that an accurate translation of the identity theft summary for use in providing the summary to persons who speak Spanish or another language should be consistent with the disclosure requirements. The Commission will also conduct media and education campaigns to inform the public about ways to prevent identity theft, as defined in Section 151(b) of the FACT Act.
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In introducing the proposed summary, the Commission has included contact information that refers only to the Commission’s data theft website address. In response to commenters’ suggestions, the Commission’s mailing address is added to the final summary for consumers who wish to contact the agency by mail, or who do not have access to the website. In response to industry, business, and financial comments, and to improve clarity while maintaining freshness, the Commission has also shortened the general discussion of FCRA in the introduction. Finally, to reflect the change in the definition of “identity theft” made by the Commission’s final rule on identity theft, the word “lawful” has been deleted from the introductory paragraph. See 69 FR 63922, 63924-25.
The first part of the final conclusion (“You have
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