Summary of Rights and Notices of Duties Under the Fair Credit Reporting Act, 52655-52671 [2010-21202]
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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Proposed Rules
established for the safety and
management of IFR operations.
Class E airspace designations are
published in Paragraph 6005 of FAA
order 7400.9T, signed August 27, 2009,
and effective September 15, 2009, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
listed in this document will be
published subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore, (1) is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated,
would not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This proposed
rulemaking is promulgated under the
authority described in Subtitle VII, Part,
A, Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This proposed regulation is
within the scope of that authority as it
would establish Class E airspace at
Bamberg County Airport, Bamberg, SC.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
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The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR Part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND CLASS E AIRSPACE
AREAS; AIR TRAFFIC SERVICE
ROUTES; AND REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
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Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9T, Airspace
Designations and Reporting Points,
signed August 27, 2009, effective
September 15, 2009, is amended as
follows:
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
ASO SC E5 Bamberg, SC [NEW]
Bamberg County Airport, SC
(Lat. 33°18′16″ N., long. 81°06′30″ W.)
That airspace extending upward from 700
feet above the surface within a 6.3-mile
radius of the Bamberg County Airport.
Issued in College Park, Georgia, on August
12, 2010.
Mark D. Ward,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
52655
Interested parties are
invited to submit written comments
electronically or in paper form by
following the instructions in the
SUPPLEMENTARY INFORMATION section
below. Comments in electronic form
should be submitted by using the
following weblink: (https://
ftcpublic.commentworks.com/ftc/
fcrarevisednotices) (and following the
instructions on the web-based form).
Comments filed in paper form should be
mailed or delivered to the following
address: Federal Trade Commission,
Office of the Secretary, Room H-135
(Annex M), 600 Pennsylvania Avenue,
NW, Washington, D.C. 20580, in the
manner detailed in the SUPPLEMENTARY
INFORMATION section below.
FOR FURTHER INFORMATION CONTACT:
Pavneet Singh, Attorney, Division of
Privacy and Identity Protection, Bureau
of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue,
NW, Washington, DC 20580, (202) 3262252.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
[FR Doc. 2010–21215 Filed 8–26–10; 8:45 am]
I. Background
BILLING CODE 4910–13–P
Under section 609(c) of the Fair Credit
Reporting Act (FCRA), consumer
reporting agencies (CRAs) are required
to include a summary of consumer
rights with every consumer report they
provide to consumers.1 The
Commission is required to provide a
model summary of rights (Summary of
Rights) to be used for this purpose. In
addition, section 607(d)(2) of the FCRA
requires the Commission to prescribe
the content of notices that CRAs must
provide to those who furnish
information to them (Furnisher Notice)
and to those who obtain consumer
reports from them (User Notice).2
The Commission originally issued
these three documents in 1997.3 It
issued revised versions in 20044 to
reflect changes made to the FCRA by the
Fair and Accurate Credit Transactions
Act of 2003 (FACT Act).5 Since then,
the Commission and other financial
regulators have finalized new rules
under the FACT Act. The Commission
is now proposing a newly revised
Summary of Rights, User Notice, and
FEDERAL TRADE COMMISSION
16 CFR Part 698
RIN 3084-AA94
Summary of Rights and Notices of
Duties Under the Fair Credit Reporting
Act
Federal Trade Commission
Proposed rule; request for
comment.
AGENCY:
ACTION:
Pursuant to its
responsibilities under the Fair Credit
Reporting Act, the Federal Trade
Commission (Commission or FTC) is
publishing for public comment revised
versions of three documents: a summary
of consumer rights, a notice of
responsibilities for persons that furnish
information to consumer reporting
agencies, and a notice of responsibilities
for persons that obtain consumer reports
from consumer reporting agencies. The
Commission is proposing the current
revisions to incorporate changes in
rights and obligations created by several
new rules issued pursuant to the Fair
and Accurate Credit Transactions Act of
2003. The Commission is also proposing
revisions to improve the clarity and
usefulness of the documents for
consumers, furnishers, and users.
DATES: Comments must be received on
or before September 21, 2010.
SUMMARY:
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1 15 U.S.C. 1681g(c). Under section 609(a) of the
FCRA, 15 U.S.C. 1681g(a), CRAs are required to
disclose to consumers the information in their files
upon request. CRAs generally refer to these
disclosures as ‘‘file disclosures’’ and provide them
in a different format than the consumer reports they
provide to third parties. For purposes of this notice,
the term ‘‘consumer report’’ includes a ‘‘file
disclosure’’ from a CRA to a consumer.
2 15 U.S.C. 1681e(d).
3 62 FR 35586 (1997).
4 69 FR 69776 (2004).
5 Pub. L. 108-159, 117 Stat. 1952 (2003).
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In addition, the proposed revised
Summary of Rights reflects changes to
improve the clarity and readability of
the document. The changes include
reordering some of the information
provided, as well as making formatting
changes and minor wording changes to
certain sections.
Finally, in order to keep the Summary
of Rights sufficiently brief and to
II. Summary of the Proposed Revised
improve its readability, the proposed
Notices
revised Summary of Rights deletes
A. Summary of Rights (Appendix F to 16 certain information that the Commission
is not required to include. The current
CFR 698)
Summary of Rights incorporates a list of
Section 609(c) of the FCRA requires
Federal agencies responsible for
the Commission to issue a model
Summary of Rights, which must include enforcing the FCRA, which the CRAs
are also required to provide to
an explanation of (1) the consumer’s
consumers with their consumer reports.
right to obtain his or her consumer
However, the FCRA does not require
report; (2) the frequency and
circumstances under which a consumer this list to be included in the Summary
of Rights. Accordingly, the Commission
may receive free consumer reports
proposes not to include this information
under the FCRA; (3) the right of a
in the proposed revised Summary of
consumer to dispute incorrect or
Rights. Instead, the Commission
outdated information in his or her
proposes to make available on its
consumer report; and (4) the right of a
website a separate document that lists
consumer to obtain a credit score.7
the Federal agencies responsible for
With respect to a consumer’s right to
enforcing the FCRA, along with their
dispute information in his or her
addresses, phone numbers, and website
consumer report, on July 1, 2009, the
addresses, which can be updated more
Commission and other federal
regulatory agencies issued the Furnisher easily. CRAs may use this document to
satisfy their obligation to provide
Direct Dispute Rule, which took effect
consumers a list of Federal agencies
on July 1, 2010. Prior to the effective
responsible for enforcing the FCRA.
date of this Rule, under the FCRA,
consumers had a right to dispute the
B. Furnisher Notice (Appendix G to 16
accuracy of information in their
CFR 698)
consumer reports only by filing a
The proposed revised Furnisher
dispute with a CRA. Under the
Notice reflects the new duties of
Furnisher Direct Dispute Rule,
furnishers set forth in the Furnisher
consumers may dispute the accuracy of
Direct Dispute Rule described above. It
information in their consumer report
also reflects new duties contained in the
directly with the furnisher of that
Furnisher Accuracy Rule, which became
information as well as the CRA. The
effective on July 1, 2010. The Rule
proposed revised Summary of Rights
requires furnishers to establish policies
reflects this additional dispute right.
and procedures to ensure the accuracy
Because it is difficult to inform
and integrity of the consumer report
consumers fully of their dispute rights
information they furnish to CRAs, and
in a summary fashion, the proposed
to consider the guidelines prescribed by
revised Summary of Rights also directs
consumers to the Commission’s website the agencies in establishing these
policies and procedures. In addition, the
for more information about disputing
proposed revised Furnisher Notice also
consumer report errors.8
includes revisions to improve the clarity
6 At this time, the Commission is not issuing a
and readability of the document.9
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Furnisher Notice to reflect these new
rules, as explained further below.6 The
proposed revised versions are also
intended to improve the clarity and
usefulness of the documents for
consumers, furnishers, and users. For
comparison, the 2004 versions of these
notices can be found at (www.ftc.gov/
opa/2004/11/facta.shtm).
revised version of the identity theft rights summary
required by section 609(d) of the FCRA. The
Commission is currently undertaking a survey of
identity theft victims who contacted the FTC and
expects that when completed, the results of that
survey may influence any future revisions of the
identity theft rights summary. See 73 FR 37457
(2009).
7 Section 609(c) also requires that CRAs notify
consumers that they may have additional rights
under state law and that the FCRA does not require
accurate, current derogatory information to be
removed from consumers’ files. Thus, the
Commission has also included this information in
its Summary of Rights.
8 The Commission is concurrently updating its
consumer education materials on disputing errors
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C. User Notice (Appendix H to 16 CFR
698)
The proposed revised User Notice
reflects the new duties of users set forth
in several of the rules finalized pursuant
to the FACT Act. First, effective January
in credit reports to reflect consumers’ new right to
dispute inaccurate information directly with
furnishers.
9 These revisions include deleting citation
references to the relevant sections of the FCRA from
the text of the Notice and placing them in endnotes
to make the document easier to read.
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1, 2011, the Risk-Based Pricing Rule
will require users of consumer reports to
provide risk-based pricing notices in
certain circumstances if they extend
credit to a particular consumer on less
favorable terms than those they offer to
others. As an alternative to providing
risk-based pricing notices, the Rule
permits such users to provide
consumers who apply for credit with a
free credit score and information about
their credit score. Second, if a CRA
notifies a user of consumer reports that
the address the user provided about a
consumer is different from the address
in the consumer report, the Address
Discrepancy Rule, which became
effective on January 1, 2008, requires
the user to implement reasonable
procedures to verify that the consumer
report relates to the correct consumer.
Users of consumer reports that verify
the address is accurate, and that
regularly furnish information to the
CRA, have additional responsibilities
under the Rule. Finally, the Medical
Information Rules, which became
effective on April 1, 2006, prescribe the
circumstances under which creditors
may obtain, use, and share medical
information. The proposed revised User
Notice has been revised to reflect all of
these obligations, as well as to improve
the clarity and readability of the
document.10
III. Request for Comments
The Commission invites comment on
all aspects of the proposed revised
Summary of Rights, Furnisher Notice,
and User Notice. The Commission also
invites comment from all interested
parties on the following issues:
Summary of Rights (Appendix F)
∑ Has the existing Summary of Rights
been effective in informing consumers
about their rights under the FCRA?
∑ Has the Commission included all of
the rights that should be included in the
model summary?
∑ Has the Commission clearly and
sufficiently described a consumer’s
ability to dispute inaccurate consumer
report information with both the
furnisher of the information and with
the CRA? Is it useful to provide a
reference to the FTC’s website for
additional information about disputing
such errors?
∑ Is it appropriate to provide
information about the Federal agencies
responsible for enforcing the FCRA and
the contact information for these
agencies in a separate document, which
10 As with the Furnisher Notice, these revisions
include deleting citation references to the relevant
sections of the FCRA from the text of the User
Notice and placing them in endnotes.
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will be made available on the FTC’s
website?
∑ Are there areas where the
understandability of the proposed
revised Summary of Rights could be
improved? Are there any sections for
which the language does not accurately
convey the substance of the provision?
If so, how could such sections be
improved?
∑ The proposed revised Summary of
Rights uses the term ‘‘credit report’’ to
describe a consumer report under the
FCRA because the Commission believes
it is the term with which consumers are
most familiar. However, as explained in
the proposed revised Summary of
Rights, consumers may obtain reports
that contain non-credit information,
such as rental or medical history
information. Should an additional or
alternate term be used to describe these
types of reports? Would it be more
effective and is it feasible to create a
separate model Summary of Rights to
send to consumers who request reports
that contain non-credit information?
Furnisher Notice (Appendix G)
∑ Is the proposed revised Furnisher
Notice accurate and easy to understand?
In what ways could it be improved?
∑ The Commission expects that the
Furnisher Notice will be sent to a wide
range of entities with varying degrees of
legal sophistication. Are the duties set
forth in the proposed notice clear and
understandable? Could the description
of the duties be improved?
∑ Does the deletion of the citations to
the relevant sections of the FCRA from
the text to the endnotes improve the
readability of the document? Or are the
citations necessary for furnishers to
locate and understand their statutory
obligations?
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User Notice (Appendix H)
∑ The proposed revised User Notice
discusses the principal portions of the
FCRA that impose obligations upon
those who receive consumer reports.
Should additional information be
included in the notice?
∑ The Commission expects that the
User Notice will be sent to a wide range
of users with varying degrees of legal
sophistication. Are the duties set forth
in the proposed notice clear and easy to
understand? Could the description of
the duties be improved?
∑ Does the deletion of the citations to
the relevant sections of the FCRA from
the text to the endnotes improve the
readability of the document? Or are the
citations necessary for users to locate
and understand their statutory
obligations?
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Interested parties are invited to
submit written comments electronically
or in paper form. Comments should
refer to ‘‘FACTA Notices, Project No.
P105408,’’ to facilitate the organization
of comments. Please note that your
comment – including your name and
your state – will be placed on the public
record of this proceeding, including on
the publicly accessible FTC website, at
(https://www.ftc.gov/os/
publiccomments.shtm).
Because comments will be made
public, they should not include any
sensitive personal information, such as
any individual’s Social Security
number; date of birth; driver’s license
number or other state identification
number, or foreign country equivalent;
passport number; financial account
number; or credit or debit card number.
Comments also should not include any
sensitive health information, such as
medical records or other individually
identifiable health information. In
addition, comments should not include
‘‘trade secret or any commercial or
financial information which is obtained
from any person and which is privileged
or confidential’’ as provided in Section
6(f) of the Federal Trade Commission
Act (‘‘FTC Act’’), 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2).
Comments containing matter for which
confidential treatment is requested must
be filed in paper form, must be clearly
labeled ‘‘Confidential,’’ and must
comply with FTC Rule 4.9(c).11
Because paper mail addressed to the
FTC is subject to delay due to
heightened security screening, please
consider submitting your comments in
electronic form. Comments filed in
electronic form should be submitted
using the following weblink: (https://
ftcpublic.commentworks.com/ftc/
fcrarevisednotices) (and following the
instructions on the web-based form). To
ensure that the Commission considers
an electronic comment, you must file it
on the web-based form at the weblink
(https://ftcpublic.commentworks.com/
ftc/fcrarevisednotices). If this Notice
appears at (https://www.regulations.gov/
search/Regs/home.html#home), you
may also file an electronic comment
through that website. The Commission
will consider all comments that
regulations.gov forwards to it. You may
also visit the FTC Website at (https://
11 The comment must be accompanied by an
explicit request for confidential treatment,
including the factual and legal basis for the request,
and must identify the specific portions of the
comment to be withheld from the public record.
The request will be granted or denied by the
Commission’s General Counsel, consistent with
applicable law and the public interest. See FTC
Rule 4.9(c), 16 CFR 4.9(c).
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52657
www.ftc.gov) to read the Notice and the
news release describing it.
A comment filed in paper form
should include the ‘‘FACTA Notices,
Project No. P105408’’ reference both in
the text and on the envelope, and
should be mailed or delivered to the
following address: Federal Trade
Commission, Office of the Secretary,
Room H-135 (Annex M), 600
Pennsylvania Avenue, NW, Washington,
D.C. 20580. The FTC is requesting that
any comment filed in paper form be sent
by courier or overnight service, if
possible, because U.S. postal mail in the
Washington area and at the Commission
is subject to delay due to heightened
security precautions.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives,
whether filed in paper or electronic
form. Comments received will be
available to the public on the FTC
website, to the extent practicable, at
(https://www.ftc.gov/os/
publiccomments.shtm). As a matter of
discretion, the FTC makes every effort to
remove home contact information for
individuals from the public comments it
receives before placing those comments
on the FTC website. More information,
including routine uses permitted by the
Privacy Act, may be found in the FTC’s
privacy policy, at (https://www.ftc.gov/
ftc/privacy.htm).
IV. Communications by Outside Parties
to the Commissioners or Their Advisors
Written communications and
summaries or transcripts of oral
communications respecting the merits
of this proceeding from any outside
party to any Commissioner or
Commissioner’s advisor will be placed
on the public record.12
V. Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (PRA), 44 U.S.C.
3501-3521, the Commission reviewed
the summary of rights and the furnisher
and user notices for compliance with
the PRA when it issued them in 1997
and when it revised them in 2004. At
both times, the Commission concluded
that the summary and notices consisted
of information that is supplied by the
Federal government. Accordingly, the
Commission determined that these
notices do not constitute a ‘‘collection of
information’’ as this term is defined in
the regulations implementing the PRA,
12 See
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nor do the financial resources expended
in relation to the distribution of these
documents constitute a paperwork
burden. See 5 CFR 1320.3(c)(2). The
Commission has reviewed the proposed
changes to the current summary and
notices. The Commission has
concluded, consistent with its analyses
in 1997 and 2004, that the proposed
summary and notices do not fall within
the definition of ‘‘collection of
information’’ covered by the PRA
because they are ‘‘[t]he public disclosure
of information originally supplied by
the Federal government to the recipient
for the purpose of disclosure to the
public * * *.’’ 5 CFR 1320.3(c)(2).
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VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601—612, requires that the
Commission provide an Initial
Regulatory Flexibility Analysis (IRFA)
with any action that may constitute a
rule unless the Commission certifies
that the action will not have a
significant economic impact on a
substantial number of small entities. See
5 U.S.C. 603—605. The Commission
concludes that the proposed revised
Summary of Rights, Furnisher Notice,
and User Notice will not have a
significant economic impact on a
substantial number of small entities, as
discussed below. Accordingly, this
document serves as notice to the Small
Business Administration of the agency’s
certification of no effect. To ensure the
accuracy of this certification, however,
the Commission requests comment on
whether the proposed revised summary
or notices will have a significant impact
on a substantial number of small
entities, including specific information
on the number of entities that will be
covered by the proposed rules, the
number of these entities that are small,
and the average annual burden for each
entity. To assist commenters, the
Commission has prepared the following
analysis:
A. Description of the Reasons That
Action by the Agency Is Being Taken
The agency has undertaken this
proceeding to implement provisions of
the FCRA. Specifically, section 609(c) of
the FCRA requires the Commission to
prepare the Summary of Rights for
consumers and section 607(d) requires
the Commission to issue the Furnisher
Notice and User Notice. All of these
documents will be distributed by CRAs.
B. The Proposal’s Objectives and Legal
Basis
The objective of the Commission’s
action is the issuance of a proposed
revised Summary of Rights, Furnisher
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Notice, and User Notice to educate
consumers, furnishers of information to
CRAs, and users of information from
CRAs as to their rights or duties under
the FCRA. As noted earlier, the legal
bases for the proposed summary and
notices are sections 609(c) and 607(d) of
the FCRA, respectively.
C. Small Entities to Which the Proposed
Rule Will Apply
The proposed revised Summary of
Rights, Furnisher Notice, and User
Notice are to be distributed by CRAs.
The consumer reporting industry is
composed primarily of ‘‘nationwide’’
CRAs and ‘‘nationwide specialty’’ CRAs,
as defined in FCRA sections 603(p) and
603(w), respectively. The Commission
believes that the nationwide and
nationwide specialty CRAs will be
responsible for much of the distribution
of the summary and notices. The
Commission believes that none of the
nationwide CRAs is a ‘‘small’’ entity.13
There are, however, small CRAs
associated with the nationwide CRAs,
and there are small, independent CRAs.
Based on the membership of the major
CRA trade associations, the Commission
believes that the total universe of
entities potentially covered by the
requirement to distribute the summary
and notices is between 600 and 1000.
The Commission does not know how
many of these entities are ‘‘small.’’ The
Commission invites comments on the
number of ‘‘small’’ entities that will be
affected by its proposal.
D. Projected Reporting, Recordkeeping,
and Other Compliance Requirements
The proposed rule would impose no
specific reporting or recordkeeping
requirements. CRAs will be required,
however, to distribute the prescribed
summary and notices. The Summary of
Rights will be distributed with each
consumer report provided to consumers
by CRAs, and will be distributed to large
numbers of consumers each year. The
CRAs will need to distribute the revised
Furnisher Notice and User Notice on a
one-time basis to all of the entities that
furnish information to a CRA or use
information obtained from a CRA, even
if they were previously sent a prior
version of the notices. However, the
Commission does not believe that this
requirement will increase in any
significant way the burdens already
imposed by the FCRA on CRAs. Because
13 CRAs subject to the Commission’s jurisdiction
with annual receipts of $7 million or less are
considered small businesses. A list of the SBA’s
size standards for all industries can be found at
(https://www.sba.gov/idc/groups/public/documents/
sba_homepage/serv_sstd_tablepdf.pdf) (last visited
June 25, 2010).
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the Commission is providing the
language for the summary and notices,
businesses need not incur legal or other
professional costs to develop any new
written material. The cost of training
employees, if any, should be minimal.
Moreover, when the Furnisher Notice
and User Notice are distributed
electronically, the Commission believes
the distribution costs will be negligible.
E. Duplicative, Overlapping, or
Conflicting Federal Rules
The Commission has not identified
any other federal statutes, rules, or
policies that would duplicate, overlap,
or conflict with the proposed summary
or notices. The Commission invites
comment and information on this issue.
F. Significant Alternatives to the
Proposed Rule
In some situations, the Commission
has considered adopting a delayed
effective date for small entities subject
to new regulation in order to provide
them with additional time to come into
compliance. In this case, however, the
Commission proposes not to delay the
effective date because small entities will
be given the texts of the proposed
summary and notices to be distributed
and will not incur additional costs in
developing them.
The Commission seeks comment and
information with regard to (1) the
existence of small business entities for
which distribution of the required
Summary of Rights, Furnisher Notices,
and User Notices would have a
significant economic impact; and (2)
suggested alternative methods of
compliance that, consistent with the
statutory requirements, would reduce
the economic impact of the
requirements of this proceeding on
these entities. If the comments filed in
response to this notice identify small
entities that are significantly affected, as
well as alternative methods of
compliance that would reduce the
economic impact on such entities, the
Commission will consider the feasibility
of such alternatives.
List of Subjects in 16 CFR Part 698
Fair Credit Reporting Act, Consumer
reports, Consumer reporting agencies,
Credit, Trade practices.
Accordingly, pursuant to 15 U.S.C.
1681e and 1681g, the Federal Trade
Commission hereby proposes to amend
Part 698, chapter 1, title 16, Code of
Federal Regulations, as follows:
1. The authority citation for this part
continues to read as follows:
Authority: 15 U.S.C. 1681e, 1681g, 1681s,
and 1681j; 117 Stat. 1952; Pub. L. 108–159,
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sections 151, 153, 211(c) and (d), 213, and
311.
2. Revise Appendices F through H to
read as follows:
APPENDIX F TO PART 698–GENERAL
SUMMARY OF CONSUMER RIGHTS
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Commission’s model summary with all
information clearly and prominently
displayed. A separate list of federal
regulators is available at the Commission’s
website at (www.ftc.gov/credit). A summary
should accurately reflect changes to those
items that may change over time (e.g., dollar
amounts or telephone numbers) to remain in
compliance. Translations of this summary
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will be in compliance with the Commission’s
model, provided that the translation is
accurate and that it is provided in a language
used by the recipient consumer.
BILLING CODE 6750–01–S
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APPENDIX G TO PART 698–NOTICE
OF FURNISHER RESPONSIBILITIES
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a separate document that is substantially
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displayed. Consumer reporting agencies may
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APPENDIX H TO PART 698–NOTICE
OF USER RESPONSIBILITIES
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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Proposed Rules
By direction of the Commission.
Donald S. Clark,
Secretary
[FR Doc. 2010–21202 Filed 8–26–10; 7:35 am]
BILLING CODE 6750–01–C
DEPARTMENT OF LABOR
Employment and Training
Administration
20 CFR Part 672
RIN 1205–AB49
YouthBuild Program
Employment and Training
Administration, Labor.
ACTION: Notice of proposed rulemaking
with request for comments.
AGENCY:
The Employment and
Training Administration (ETA) of the
U.S. Department of Labor (Department)
is issuing this Notice of Proposed
Rulemaking (NPRM) to implement the
YouthBuild Transfer Act of 2006
(Transfer Act), which establishes the
YouthBuild program in the Department
under subtitle D of Title I of the
Workforce Investment Act of 1998
(WIA) as amended. The proposed rule
clarifies the requirements of the
Transfer Act for YouthBuild program
providers and participants. The
proposed rule would set standards
under which YouthBuild program
providers would carry out the goals of
the program, which are to assist at-risk
youth in obtaining a High School
diploma or GED and acquiring
occupational skills training that leads to
employment through the construction/
rehabilitation of housing for low-income
or homeless individuals and families in
the community.
DATES: Interested persons are invited to
submit comments on this proposed rule.
To ensure consideration, comments
must be received on or before October
26, 2010.
ADDRESSES: You may submit comments,
identified by Regulatory Information
Number (RIN) 1205–AB49, by any one
of the following methods:
Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the Web
site instructions for submitting
comments.
Mail and hand delivery/courier:
Written comments, disk, and CD–ROM
submissions may be mailed to Thomas
M. Dowd, Administrator, Office of
Policy Development and Research, U.S.
Department of Labor, 200 Constitution
Avenue, NW., Room N–5641,
Washington, DC 20210.
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SUMMARY:
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The Department will not accept emailed or faxed comments.
Instructions: Label all submissions
with RIN 1205–AB49.
Please submit your comment by only
one method. Please be advised that the
Department will post all comments
received on https://www.regulations.gov
without making any change to the
comments, or redacting any
information. The https://
www.regulations.gov Web site is the
Federal e-rulemaking portal and all
comments posted there are available
and accessible to the public. Therefore,
the Department recommends that
commenters safeguard any personal
information such as Social Security
Numbers, personal addresses, telephone
numbers, and e-mail addresses included
in their comments as such information
may become easily available to the
public via the https://
www.regulations.gov Web site. It is the
responsibility of the commenter to
safeguard any such personal
information.
Also, please note that due to security
concerns, postal mail delivery in
Washington, DC may be delayed.
Therefore, the Department encourages
the public to submit comments on
https://www.regulations.gov.
Docket: All comments on this
proposed rule will be available on the
https://www.regulations.gov Web site
and can be found using RIN 1205–AB49.
The Department also will make all the
comments it receives available for
public inspection by appointment
during normal business hours at the
above address. If you need assistance to
review the comments, the Department
will provide you with appropriate aids
such as readers or print magnifiers. The
Department will make copies of the rule
available, upon request, in large print,
Braille and electronic file on computer
disk. The Department will consider
providing the rule in other formats upon
request. To schedule an appointment to
review the comments and/or obtain the
rule in an alternative format, contact the
Office of Policy Development and
Research at (202) 693–3700 (this is not
a toll-free number). You may also
contact this office at the address listed.
FOR FURTHER INFORMATION CONTACT:
Thomas M. Dowd, Administrator, Office
of Policy Development and Research,
U.S. Department of Labor, 200
Constitution Avenue, NW., Room N–
5641, Washington, DC 20210; telephone
(202) 693–3700 (this is not a toll-free
number).
Individuals with hearing or speech
impairments may access the telephone
number above via TTY by calling the
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52671
toll-free Federal Information Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
The Preamble of this proposed rule is
organized as follows:
I. Background—provides a brief description
of the development of the proposed rule
II. Section-by-Section Review of the Proposed
Rule—summarizes and discusses the
structure and requirements of the
YouthBuild Program
III. Administrative Section—sets forth the
applicable regulatory requirements
I. Background
On September 22, 2006, the
YouthBuild Transfer Act, Public Law
109–281 (Transfer Act) was signed into
law. The Transfer Act authorizes grants
for job training and educational
activities for at-risk youth who, as part
of their training, help construct or
rehabilitate housing for homeless
individuals and families and lowincome families in their respective
communities. Participants receive a
combination of classroom training, job
skills development, and on-site training
in the construction trades.
The White House Task Force for
Disadvantaged Youth recommended
transferring the administration of the
YouthBuild program, also known as
‘‘Hope for Youth’’, from the U.S.
Department of Housing and Urban
Development (HUD) to the Department.
The White House Task Force for
Disadvantaged Youth Final Report. Pg.
4, October 2003.
The transfer allows for greater
coordination of the YouthBuild program
with Job Corps, WIA Youth Programs,
the workforce investment system,
including local workforce investment
boards (WIBs), One-Stop Career Centers,
and their partner programs (for example,
Federal, State, and local education
agencies), while at the same time
retaining many of the same affordable
housing goals as under the HUD
program. The Transfer Act transfers the
authority for the YouthBuild program
from the Cranston-Gonzalez National
Affordable Housing Act (49 U.S.C.
12899 et seq.) (Cranston-Gonzales Act)
to subtitle D of Title I of WIA and it
makes modifications and changes to the
programs that focus on increasing the
skilled workforce available for the
construction trades.
In addition to transferring the
administration of the program from
HUD to the Department, the Transfer
Act expands the activities authorized
under the YouthBuild program to
include many activities authorized
under the WIA Title I youth formula
program. The transfer maintains all the
goals of the YouthBuild program as
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Agencies
[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Proposed Rules]
[Pages 52655-52671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21202]
=======================================================================
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FEDERAL TRADE COMMISSION
16 CFR Part 698
RIN 3084-AA94
Summary of Rights and Notices of Duties Under the Fair Credit
Reporting Act
AGENCY: Federal Trade Commission
ACTION: Proposed rule; request for comment.
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SUMMARY: Pursuant to its responsibilities under the Fair Credit
Reporting Act, the Federal Trade Commission (Commission or FTC) is
publishing for public comment revised versions of three documents: a
summary of consumer rights, a notice of responsibilities for persons
that furnish information to consumer reporting agencies, and a notice
of responsibilities for persons that obtain consumer reports from
consumer reporting agencies. The Commission is proposing the current
revisions to incorporate changes in rights and obligations created by
several new rules issued pursuant to the Fair and Accurate Credit
Transactions Act of 2003. The Commission is also proposing revisions to
improve the clarity and usefulness of the documents for consumers,
furnishers, and users.
DATES: Comments must be received on or before September 21, 2010.
ADDRESSES: Interested parties are invited to submit written comments
electronically or in paper form by following the instructions in the
SUPPLEMENTARY INFORMATION section below. Comments in electronic form
should be submitted by using the following weblink: (https://ftcpublic.commentworks.com/ftc/fcrarevisednotices) (and following the
instructions on the web-based form). Comments filed in paper form
should be mailed or delivered to the following address: Federal Trade
Commission, Office of the Secretary, Room H-135 (Annex M), 600
Pennsylvania Avenue, NW, Washington, D.C. 20580, in the manner detailed
in the SUPPLEMENTARY INFORMATION section below.
FOR FURTHER INFORMATION CONTACT: Pavneet Singh, Attorney, Division of
Privacy and Identity Protection, Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580,
(202) 326-2252.
SUPPLEMENTARY INFORMATION:
I. Background
Under section 609(c) of the Fair Credit Reporting Act (FCRA),
consumer reporting agencies (CRAs) are required to include a summary of
consumer rights with every consumer report they provide to
consumers.\1\ The Commission is required to provide a model summary of
rights (Summary of Rights) to be used for this purpose. In addition,
section 607(d)(2) of the FCRA requires the Commission to prescribe the
content of notices that CRAs must provide to those who furnish
information to them (Furnisher Notice) and to those who obtain consumer
reports from them (User Notice).\2\
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\1\ 15 U.S.C. 1681g(c). Under section 609(a) of the FCRA, 15
U.S.C. 1681g(a), CRAs are required to disclose to consumers the
information in their files upon request. CRAs generally refer to
these disclosures as ``file disclosures'' and provide them in a
different format than the consumer reports they provide to third
parties. For purposes of this notice, the term ``consumer report''
includes a ``file disclosure'' from a CRA to a consumer.
\2\ 15 U.S.C. 1681e(d).
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The Commission originally issued these three documents in 1997.\3\
It issued revised versions in 2004\4\ to reflect changes made to the
FCRA by the Fair and Accurate Credit Transactions Act of 2003 (FACT
Act).\5\ Since then, the Commission and other financial regulators have
finalized new rules under the FACT Act. The Commission is now proposing
a newly revised Summary of Rights, User Notice, and
[[Page 52656]]
Furnisher Notice to reflect these new rules, as explained further
below.\6\ The proposed revised versions are also intended to improve
the clarity and usefulness of the documents for consumers, furnishers,
and users. For comparison, the 2004 versions of these notices can be
found at (www.ftc.gov/opa/2004/11/facta.shtm).
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\3\ 62 FR 35586 (1997).
\4\ 69 FR 69776 (2004).
\5\ Pub. L. 108-159, 117 Stat. 1952 (2003).
\6\ At this time, the Commission is not issuing a revised
version of the identity theft rights summary required by section
609(d) of the FCRA. The Commission is currently undertaking a survey
of identity theft victims who contacted the FTC and expects that
when completed, the results of that survey may influence any future
revisions of the identity theft rights summary. See 73 FR 37457
(2009).
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II. Summary of the Proposed Revised Notices
A. Summary of Rights (Appendix F to 16 CFR 698)
Section 609(c) of the FCRA requires the Commission to issue a model
Summary of Rights, which must include an explanation of (1) the
consumer's right to obtain his or her consumer report; (2) the
frequency and circumstances under which a consumer may receive free
consumer reports under the FCRA; (3) the right of a consumer to dispute
incorrect or outdated information in his or her consumer report; and
(4) the right of a consumer to obtain a credit score.\7\
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\7\ Section 609(c) also requires that CRAs notify consumers that
they may have additional rights under state law and that the FCRA
does not require accurate, current derogatory information to be
removed from consumers' files. Thus, the Commission has also
included this information in its Summary of Rights.
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With respect to a consumer's right to dispute information in his or
her consumer report, on July 1, 2009, the Commission and other federal
regulatory agencies issued the Furnisher Direct Dispute Rule, which
took effect on July 1, 2010. Prior to the effective date of this Rule,
under the FCRA, consumers had a right to dispute the accuracy of
information in their consumer reports only by filing a dispute with a
CRA. Under the Furnisher Direct Dispute Rule, consumers may dispute the
accuracy of information in their consumer report directly with the
furnisher of that information as well as the CRA. The proposed revised
Summary of Rights reflects this additional dispute right. Because it is
difficult to inform consumers fully of their dispute rights in a
summary fashion, the proposed revised Summary of Rights also directs
consumers to the Commission's website for more information about
disputing consumer report errors.\8\
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\8\ The Commission is concurrently updating its consumer
education materials on disputing errors in credit reports to reflect
consumers' new right to dispute inaccurate information directly with
furnishers.
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In addition, the proposed revised Summary of Rights reflects
changes to improve the clarity and readability of the document. The
changes include reordering some of the information provided, as well as
making formatting changes and minor wording changes to certain
sections.
Finally, in order to keep the Summary of Rights sufficiently brief
and to improve its readability, the proposed revised Summary of Rights
deletes certain information that the Commission is not required to
include. The current Summary of Rights incorporates a list of Federal
agencies responsible for enforcing the FCRA, which the CRAs are also
required to provide to consumers with their consumer reports. However,
the FCRA does not require this list to be included in the Summary of
Rights. Accordingly, the Commission proposes not to include this
information in the proposed revised Summary of Rights. Instead, the
Commission proposes to make available on its website a separate
document that lists the Federal agencies responsible for enforcing the
FCRA, along with their addresses, phone numbers, and website addresses,
which can be updated more easily. CRAs may use this document to satisfy
their obligation to provide consumers a list of Federal agencies
responsible for enforcing the FCRA.
B. Furnisher Notice (Appendix G to 16 CFR 698)
The proposed revised Furnisher Notice reflects the new duties of
furnishers set forth in the Furnisher Direct Dispute Rule described
above. It also reflects new duties contained in the Furnisher Accuracy
Rule, which became effective on July 1, 2010. The Rule requires
furnishers to establish policies and procedures to ensure the accuracy
and integrity of the consumer report information they furnish to CRAs,
and to consider the guidelines prescribed by the agencies in
establishing these policies and procedures. In addition, the proposed
revised Furnisher Notice also includes revisions to improve the clarity
and readability of the document.\9\
---------------------------------------------------------------------------
\9\ These revisions include deleting citation references to the
relevant sections of the FCRA from the text of the Notice and
placing them in endnotes to make the document easier to read.
---------------------------------------------------------------------------
C. User Notice (Appendix H to 16 CFR 698)
The proposed revised User Notice reflects the new duties of users
set forth in several of the rules finalized pursuant to the FACT Act.
First, effective January 1, 2011, the Risk-Based Pricing Rule will
require users of consumer reports to provide risk-based pricing notices
in certain circumstances if they extend credit to a particular consumer
on less favorable terms than those they offer to others. As an
alternative to providing risk-based pricing notices, the Rule permits
such users to provide consumers who apply for credit with a free credit
score and information about their credit score. Second, if a CRA
notifies a user of consumer reports that the address the user provided
about a consumer is different from the address in the consumer report,
the Address Discrepancy Rule, which became effective on January 1,
2008, requires the user to implement reasonable procedures to verify
that the consumer report relates to the correct consumer. Users of
consumer reports that verify the address is accurate, and that
regularly furnish information to the CRA, have additional
responsibilities under the Rule. Finally, the Medical Information
Rules, which became effective on April 1, 2006, prescribe the
circumstances under which creditors may obtain, use, and share medical
information. The proposed revised User Notice has been revised to
reflect all of these obligations, as well as to improve the clarity and
readability of the document.\10\
---------------------------------------------------------------------------
\10\ As with the Furnisher Notice, these revisions include
deleting citation references to the relevant sections of the FCRA
from the text of the User Notice and placing them in endnotes.
---------------------------------------------------------------------------
III. Request for Comments
The Commission invites comment on all aspects of the proposed
revised Summary of Rights, Furnisher Notice, and User Notice. The
Commission also invites comment from all interested parties on the
following issues:
Summary of Rights (Appendix F)
Has the existing Summary of Rights been effective in
informing consumers about their rights under the FCRA?
Has the Commission included all of the rights that should
be included in the model summary?
Has the Commission clearly and sufficiently described a
consumer's ability to dispute inaccurate consumer report information
with both the furnisher of the information and with the CRA? Is it
useful to provide a reference to the FTC's website for additional
information about disputing such errors?
Is it appropriate to provide information about the Federal
agencies responsible for enforcing the FCRA and the contact information
for these agencies in a separate document, which
[[Page 52657]]
will be made available on the FTC's website?
Are there areas where the understandability of the
proposed revised Summary of Rights could be improved? Are there any
sections for which the language does not accurately convey the
substance of the provision? If so, how could such sections be improved?
The proposed revised Summary of Rights uses the term
``credit report'' to describe a consumer report under the FCRA because
the Commission believes it is the term with which consumers are most
familiar. However, as explained in the proposed revised Summary of
Rights, consumers may obtain reports that contain non-credit
information, such as rental or medical history information. Should an
additional or alternate term be used to describe these types of
reports? Would it be more effective and is it feasible to create a
separate model Summary of Rights to send to consumers who request
reports that contain non-credit information?
Furnisher Notice (Appendix G)
Is the proposed revised Furnisher Notice accurate and easy
to understand? In what ways could it be improved?
The Commission expects that the Furnisher Notice will be
sent to a wide range of entities with varying degrees of legal
sophistication. Are the duties set forth in the proposed notice clear
and understandable? Could the description of the duties be improved?
Does the deletion of the citations to the relevant
sections of the FCRA from the text to the endnotes improve the
readability of the document? Or are the citations necessary for
furnishers to locate and understand their statutory obligations?
User Notice (Appendix H)
The proposed revised User Notice discusses the principal
portions of the FCRA that impose obligations upon those who receive
consumer reports. Should additional information be included in the
notice?
The Commission expects that the User Notice will be sent
to a wide range of users with varying degrees of legal sophistication.
Are the duties set forth in the proposed notice clear and easy to
understand? Could the description of the duties be improved?
Does the deletion of the citations to the relevant
sections of the FCRA from the text to the endnotes improve the
readability of the document? Or are the citations necessary for users
to locate and understand their statutory obligations?
Interested parties are invited to submit written comments
electronically or in paper form. Comments should refer to ``FACTA
Notices, Project No. P105408,'' to facilitate the organization of
comments. Please note that your comment - including your name and your
state - will be placed on the public record of this proceeding,
including on the publicly accessible FTC website, at (https://www.ftc.gov/os/publiccomments.shtm).
Because comments will be made public, they should not include any
sensitive personal information, such as any individual's Social
Security number; date of birth; driver's license number or other state
identification number, or foreign country equivalent; passport number;
financial account number; or credit or debit card number. Comments also
should not include any sensitive health information, such as medical
records or other individually identifiable health information. In
addition, comments should not include ``trade secret or any commercial
or financial information which is obtained from any person and which is
privileged or confidential'' as provided in Section 6(f) of the Federal
Trade Commission Act (``FTC Act''), 15 U.S.C. 46(f), and FTC Rule
4.10(a)(2), 16 CFR 4.10(a)(2). Comments containing matter for which
confidential treatment is requested must be filed in paper form, must
be clearly labeled ``Confidential,'' and must comply with FTC Rule
4.9(c).\11\
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\11\ The comment must be accompanied by an explicit request for
confidential treatment, including the factual and legal basis for
the request, and must identify the specific portions of the comment
to be withheld from the public record. The request will be granted
or denied by the Commission's General Counsel, consistent with
applicable law and the public interest. See FTC Rule 4.9(c), 16 CFR
4.9(c).
---------------------------------------------------------------------------
Because paper mail addressed to the FTC is subject to delay due to
heightened security screening, please consider submitting your comments
in electronic form. Comments filed in electronic form should be
submitted using the following weblink: (https://ftcpublic.commentworks.com/ftc/fcrarevisednotices) (and following the
instructions on the web-based form). To ensure that the Commission
considers an electronic comment, you must file it on the web-based form
at the weblink (https://ftcpublic.commentworks.com/ftc/fcrarevisednotices). If this Notice appears at (https://www.regulations.gov/search/Regs/home.html#home), you may also file an
electronic comment through that website. The Commission will consider
all comments that regulations.gov forwards to it. You may also visit
the FTC Website at (https://www.ftc.gov) to read the Notice and the news
release describing it.
A comment filed in paper form should include the ``FACTA Notices,
Project No. P105408'' reference both in the text and on the envelope,
and should be mailed or delivered to the following address: Federal
Trade Commission, Office of the Secretary, Room H-135 (Annex M), 600
Pennsylvania Avenue, NW, Washington, D.C. 20580. The FTC is requesting
that any comment filed in paper form be sent by courier or overnight
service, if possible, because U.S. postal mail in the Washington area
and at the Commission is subject to delay due to heightened security
precautions.
The FTC Act and other laws that the Commission administers permit
the collection of public comments to consider and use in this
proceeding as appropriate. The Commission will consider all timely and
responsive public comments that it receives, whether filed in paper or
electronic form. Comments received will be available to the public on
the FTC website, to the extent practicable, at (https://www.ftc.gov/os/publiccomments.shtm). As a matter of discretion, the FTC makes every
effort to remove home contact information for individuals from the
public comments it receives before placing those comments on the FTC
website. More information, including routine uses permitted by the
Privacy Act, may be found in the FTC's privacy policy, at (https://www.ftc.gov/ftc/privacy.htm).
IV. Communications by Outside Parties to the Commissioners or Their
Advisors
Written communications and summaries or transcripts of oral
communications respecting the merits of this proceeding from any
outside party to any Commissioner or Commissioner's advisor will be
placed on the public record.\12\
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\12\ See 16 CFR 1.26(b)(5).
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V. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (PRA), 44
U.S.C. 3501-3521, the Commission reviewed the summary of rights and the
furnisher and user notices for compliance with the PRA when it issued
them in 1997 and when it revised them in 2004. At both times, the
Commission concluded that the summary and notices consisted of
information that is supplied by the Federal government. Accordingly,
the Commission determined that these notices do not constitute a
``collection of information'' as this term is defined in the
regulations implementing the PRA,
[[Page 52658]]
nor do the financial resources expended in relation to the distribution
of these documents constitute a paperwork burden. See 5 CFR
1320.3(c)(2). The Commission has reviewed the proposed changes to the
current summary and notices. The Commission has concluded, consistent
with its analyses in 1997 and 2004, that the proposed summary and
notices do not fall within the definition of ``collection of
information'' covered by the PRA because they are ``[t]he public
disclosure of information originally supplied by the Federal government
to the recipient for the purpose of disclosure to the public * * *.'' 5
CFR 1320.3(c)(2).
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601--612, requires
that the Commission provide an Initial Regulatory Flexibility Analysis
(IRFA) with any action that may constitute a rule unless the Commission
certifies that the action will not have a significant economic impact
on a substantial number of small entities. See 5 U.S.C. 603--605. The
Commission concludes that the proposed revised Summary of Rights,
Furnisher Notice, and User Notice will not have a significant economic
impact on a substantial number of small entities, as discussed below.
Accordingly, this document serves as notice to the Small Business
Administration of the agency's certification of no effect. To ensure
the accuracy of this certification, however, the Commission requests
comment on whether the proposed revised summary or notices will have a
significant impact on a substantial number of small entities, including
specific information on the number of entities that will be covered by
the proposed rules, the number of these entities that are small, and
the average annual burden for each entity. To assist commenters, the
Commission has prepared the following analysis:
A. Description of the Reasons That Action by the Agency Is Being Taken
The agency has undertaken this proceeding to implement provisions
of the FCRA. Specifically, section 609(c) of the FCRA requires the
Commission to prepare the Summary of Rights for consumers and section
607(d) requires the Commission to issue the Furnisher Notice and User
Notice. All of these documents will be distributed by CRAs.
B. The Proposal's Objectives and Legal Basis
The objective of the Commission's action is the issuance of a
proposed revised Summary of Rights, Furnisher Notice, and User Notice
to educate consumers, furnishers of information to CRAs, and users of
information from CRAs as to their rights or duties under the FCRA. As
noted earlier, the legal bases for the proposed summary and notices are
sections 609(c) and 607(d) of the FCRA, respectively.
C. Small Entities to Which the Proposed Rule Will Apply
The proposed revised Summary of Rights, Furnisher Notice, and User
Notice are to be distributed by CRAs. The consumer reporting industry
is composed primarily of ``nationwide'' CRAs and ``nationwide
specialty'' CRAs, as defined in FCRA sections 603(p) and 603(w),
respectively. The Commission believes that the nationwide and
nationwide specialty CRAs will be responsible for much of the
distribution of the summary and notices. The Commission believes that
none of the nationwide CRAs is a ``small'' entity.\13\ There are,
however, small CRAs associated with the nationwide CRAs, and there are
small, independent CRAs. Based on the membership of the major CRA trade
associations, the Commission believes that the total universe of
entities potentially covered by the requirement to distribute the
summary and notices is between 600 and 1000. The Commission does not
know how many of these entities are ``small.'' The Commission invites
comments on the number of ``small'' entities that will be affected by
its proposal.
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\13\ CRAs subject to the Commission's jurisdiction with annual
receipts of $7 million or less are considered small businesses. A
list of the SBA's size standards for all industries can be found at
(https://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf) (last visited June 25, 2010).
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D. Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The proposed rule would impose no specific reporting or
recordkeeping requirements. CRAs will be required, however, to
distribute the prescribed summary and notices. The Summary of Rights
will be distributed with each consumer report provided to consumers by
CRAs, and will be distributed to large numbers of consumers each year.
The CRAs will need to distribute the revised Furnisher Notice and User
Notice on a one-time basis to all of the entities that furnish
information to a CRA or use information obtained from a CRA, even if
they were previously sent a prior version of the notices. However, the
Commission does not believe that this requirement will increase in any
significant way the burdens already imposed by the FCRA on CRAs.
Because the Commission is providing the language for the summary and
notices, businesses need not incur legal or other professional costs to
develop any new written material. The cost of training employees, if
any, should be minimal. Moreover, when the Furnisher Notice and User
Notice are distributed electronically, the Commission believes the
distribution costs will be negligible.
E. Duplicative, Overlapping, or Conflicting Federal Rules
The Commission has not identified any other federal statutes,
rules, or policies that would duplicate, overlap, or conflict with the
proposed summary or notices. The Commission invites comment and
information on this issue.
F. Significant Alternatives to the Proposed Rule
In some situations, the Commission has considered adopting a
delayed effective date for small entities subject to new regulation in
order to provide them with additional time to come into compliance. In
this case, however, the Commission proposes not to delay the effective
date because small entities will be given the texts of the proposed
summary and notices to be distributed and will not incur additional
costs in developing them.
The Commission seeks comment and information with regard to (1) the
existence of small business entities for which distribution of the
required Summary of Rights, Furnisher Notices, and User Notices would
have a significant economic impact; and (2) suggested alternative
methods of compliance that, consistent with the statutory requirements,
would reduce the economic impact of the requirements of this proceeding
on these entities. If the comments filed in response to this notice
identify small entities that are significantly affected, as well as
alternative methods of compliance that would reduce the economic impact
on such entities, the Commission will consider the feasibility of such
alternatives.
List of Subjects in 16 CFR Part 698
Fair Credit Reporting Act, Consumer reports, Consumer reporting
agencies, Credit, Trade practices.
Accordingly, pursuant to 15 U.S.C. 1681e and 1681g, the Federal
Trade Commission hereby proposes to amend Part 698, chapter 1, title
16, Code of Federal Regulations, as follows:
1. The authority citation for this part continues to read as
follows:
Authority: 15 U.S.C. 1681e, 1681g, 1681s, and 1681j; 117 Stat.
1952; Pub. L. 108-159,
[[Page 52659]]
sections 151, 153, 211(c) and (d), 213, and 311.
2. Revise Appendices F through H to read as follows:
APPENDIX F TO PART 698-GENERAL SUMMARY OF CONSUMER RIGHTS
The prescribed form for this summary is a disclosure that is
substantially similar to the Commission's model summary with all
information clearly and prominently displayed. A separate list of
federal regulators is available at the Commission's website at
(www.ftc.gov/credit). A summary should accurately reflect changes to
those items that may change over time (e.g., dollar amounts or
telephone numbers) to remain in compliance. Translations of this
summary will be in compliance with the Commission's model, provided
that the translation is accurate and that it is provided in a
language used by the recipient consumer.
BILLING CODE 6750-01-S
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APPENDIX G TO PART 698-NOTICE OF FURNISHER RESPONSIBILITIES
The prescribed form for this disclosure is a separate document
that is substantially similar to the Commission'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.
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[[Page 52665]]
APPENDIX H TO PART 698-NOTICE OF USER RESPONSIBILITIES
The prescribed form for this disclosure is a separate document
that is substantially similar to the Commission'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.
[GRAPHIC] [TIFF OMITTED] TP27AU10.005
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By direction of the Commission.
Donald S. Clark,
Secretary
[FR Doc. 2010-21202 Filed 8-26-10; 7:35 am]
BILLING CODE 6750-01-C