Rescission of Model Forms and Disclosures, 23471-23486 [2019-10110]

Download as PDF jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations (63) Xunwei Technologies Co., Ltd., Taipei, Taiwan; (64) Huawei Global Finance (UK) Limited, Great Britain; (65) Proven Glory, British Virgin Islands; (66) Proven Honour, British Virgin Islands; (67) Huawei Technologies (Vietnam) Company Limited, Hanoi, Vietnam; and (68) Huawei Technology Co. Ltd., Hanoi, Vietnam. (b) Conditions for use of temporary general license. Use of this temporary general license is subject to the following conditions: (1) This temporary general license is effective from May 20, 2019, through August 19, 2019. (2) This temporary general license does not resolve persons of other obligations under the EAR, including but not limited to licensing requirements to the Peoples Republic of China or elsewhere and/or the requirements of part 744 of the EAR. This authorization does not authorize any activities or transactions involving Country Group E countries (i.e., Cuba, Iran, North Korea, Sudan and Syria) or persons. (3) With the exception of those explicitly authorized in this temporary general license, exports, reexports, transfers (in-country) continue to require a license pursuant to the licensing policy described on the Entity List and license applications will be reviewed under the license review policy for that entry. (c) Authorized transactions. This temporary general license allows, from May 20, 2019, through August 19, 2019, the following: (1) Continued operation of existing networks and equipment: BIS authorizes engagement in transactions, subject to other provisions of the EAR, necessary to maintain and support existing and currently fully operational networks and equipment, including software updates and patches, subject to legally binding contracts and agreements executed between Huawei and third parties or the sixty-eight non-U.S. Huawei affiliates and third parties on or before May 16, 2019. (2) Support to existing handsets: BIS authorizes engagement in transactions, subject to other provisions of the EAR, necessary to provide service and support, including software updates or patches to existing Huawei handsets. This authorization is limited to models of Huawei handsets that were available to the public on or before May 16, 2019. (3) Cybersecurity research and vulnerability disclosure: BIS authorizes, subject to other provisions of the EAR, VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 the disclosure to Huawei, and/or the sixty-eight non-U.S. affiliates of information regarding security vulnerabilities in items owned, possessed or controlled by Huawei or any of the sixty-eight non-U.S. affiliates when related to the process of providing ongoing security research critical to maintaining the integrity and reliability of existing and currently fully operational networks and equipment. (4) Engagement as necessary for development of 5G standards by a duly recognized standards body: BIS authorizes, subject to other provisions of the EAR, engagement with Huawei and/ or the sixty-eight non-U.S. affiliates as necessary for the development of 5G standards as part of a duly recognized international standards body (e.g., IEEE—Institute of Electrical and Electronics Engineers; IETF—internet Engineering Task Force; ISO— International Organization for Standards; ITU—International Telecommunications Union; ETSI— European Telecommunications Standards Institute; 3GPP—3rd Generation Partnership Project; TIA— Telecommunications Industry Association; and GSMA, a.k.a., GSM Association, Global System for Mobile Communications). (d) Certification statement. Prior to making an export, reexport, or transferor (in-country) pursuant to this Temporary General License, an exporter, reexporter, or transferor must create a certification statement. In order to rely on the Temporary General License, the certification statement must specify how the export, reexport, or transfer (incountry) meets the scope of the Temporary General License. The exporter, reexporter, or transferor that drafted the statement is responsible for retaining the certification statement. See part 762 of the EAR for record retention requirements. PART 762—[AMENDED] 3. The authority citation for part 762 is revised to read as follows: ■ Authority: Pub. L. 115–232, Title XVII, Subtitle B. 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 8, 2018, 83 FR 39871 (August 13, 2018). 4. Section 762.2 is amended: a. By removing the word ‘‘and’’ at the end of paragraph (b)(53); ■ b. By removing the period at the end of paragraph (b)(54) and adding a semicolon in its place, and ■ c. By adding paragraph (b)(55). The addition reads as follows: ■ ■ PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 § 762.2 23471 Records to be retained. (b) * * * (55) Supplement No. 7 to Part 744, Temporary General License Certification Statement. * * * * * Dated: May 20, 2019. Nazak Nikakhtar Assistant Secretary for Industry and Analysis, Performing the Nonexclusive Functions and Duties of the Under Secretary for Industry and Security. [FR Doc. 2019–10829 Filed 5–20–19; 4:15 pm] BILLING CODE P FEDERAL TRADE COMMISSION 16 CFR Parts 640, 680, and 698 Rescission of Model Forms and Disclosures Federal Trade Commission. Final rule; rescission of regulations. AGENCY: ACTION: The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) is rescinding several Model Forms and Disclosures promulgated pursuant to the Fair Credit Reporting Act (‘‘FCRA’’) that it has determined are no longer necessary. The Dodd-Frank Wall Street Reform and Consumer Protection Act transferred rulemaking authority associated with these forms and disclosures to the Bureau of Consumer Financial Protection (‘‘Bureau’’ or ‘‘CFPB’’). Given the CFPB’s 2018 updates to its model forms and disclosures, the Commission has determined that rescinding several of its model forms and disclosures would reduce confusion. The Commission is also making conforming amendments to address references to the updated model forms and disclosures in related rules. DATES: This action is effective May 22, 2019. FOR FURTHER INFORMATION CONTACT: David Lincicum, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, (202) 326–2773, dlincicum@ftc.gov, or Kenny Wright, Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, (202) 326–2907, kwright@ftc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Section 1061 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (‘‘Dodd-Frank Act’’) 1 transferred 1 Public E:\FR\FM\22MYR1.SGM Law 111–203, 124 Stat. 1376 (2010). 22MYR1 23472 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations rulemaking authority for certain enumerated consumer financial laws to the Bureau, including portions of the Fair Credit Reporting Act (‘‘FCRA’’),2 although the FTC retained general rulemaking authority under Sections 615(e) (‘‘Red Flag Guidelines and Regulations Required’’) and 628 (‘‘Disposal of Records’’) of the FCRA. See 15 U.S.C. 1681s(e); Public Law 111– 203, sec. 1088(a)(10)(E). Following these amendments, the Commission retains rulemaking authority for its ‘‘Identity Theft Rules,’’ 16 CFR part 681, and its rules governing ‘‘Disposal of Consumer Report Information and Records,’’ 16 CFR part 682, for all entities subject to those rules. See 15 U.S.C. 1681m, 1681w. The Commission also retains rulemaking authority under the FCRA over any motor vehicle dealer described in Section 1029(a) of the Dodd-Frank Act that is predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. See Dodd-Frank Act, sec. 1029(a), (c). After the issuance of the Dodd-Frank Act, the Commission rescinded several rules following their republication by the CFPB. See 77 FR 22200 (2012). The Forms and Disclosures to rescind forms that are no longer necessary. Accordingly, the Commission is rescinding the following appendices in 16 CFR part 698: • Appendix A—Model Prescreen OptOut Notices; • Appendix D—Standardized Form for Requesting Annual File Disclosures; • Appendix E—Summary of Identity Theft Rights; • Appendix F—General Summary of Consumer Rights; • Appendix G—Notice of Furnisher Responsibilities; and • Appendix H—Notice of User Responsibilities. In addition, the Commission is redesignating Appendix B—Model Forms for Risk-Based Pricing and Credit Score Disclosure Exception Notices as appendix A, and Appendix C—Model Forms for Affiliate Marketing Opt-Out Notices as appendix B. Following these rescissions, covered entities should look to the corresponding forms issued by the CFPB to obtain the appropriate model forms and disclosures. The following is a chart that provides cross-references to the appropriate forms: Rescinded FTC Form (16 CFR part 698) Corresponding CFPB Form in Regulation V (12 CFR part 1022) Appendix A: Model Prescreen Opt Notices ............................................. Appendix D to Part 1022—Model Forms for Firm Offers of Credit or Insurance. Appendix L to Part 1022—Standardized Form for Requesting Annual File Disclosures. Appendix I to Part 1022—Summary of Consumer Identity Theft Rights. Appendix K to Part 1022—Summary of Consumer Rights. Appendix M to Part 1022—Notice of Furnisher Responsibilities. Appendix N to Part 1022—Notice of User Responsibilities. Appendix sures. Appendix Appendix Appendix Appendix D: Standardized Form for Requesting Annual File DiscloE: Summary of Identity Theft Rights ........................................ F: General Summary of Consumer Rights .............................. G: Notice of Furnisher Responsibilities .................................... H: Notice of User Responsibilities ........................................... The Commission is also making conforming amendments to update references in several Commission rules to the currently applicable forms issued under the FCRA. These amendments address references to the model forms and disclosures in the Risk-Based Pricing Rule, 16 CFR part 640, and the Affiliate Marketing Rule, 16 CFR part 680. jbell on DSK3GLQ082PROD with RULES Commission rescinded five rules issued under the FCRA, as amended by the FACT Act, that were republished by the CFPB: (1) [Identity Theft] Definitions, 16 CFR part 603 (republished by the CFPB at 12 CFR 1022.3); (2) Free Annual File Disclosures Rule, 16 CFR part 610 (republished by the CFPB at 12 CFR 1022.130); (3) Prohibition Against Circumventing Treatment as a Nationwide Consumer Reporting Agency, 16 CFR part 611 (republished by the CFPB at 12 CFR 1022.140); (4) Duration of Active Duty Alerts, 16 CFR part 613 (republished by the CFPB at 12 CFR 1022.121); and (5) Appropriate Proof of Identity, 16 CFR part 614 (republished by the CFPB at 12 CFR 1022.123). The FTC also retained seven rules issued under the FCRA, as amended, that continue to apply to motor vehicle dealers, including the FCRA Model Forms and Disclosures in 16 CFR part 698.3 The CFPB recently issued further revisions to its own model forms and disclosures associated with the FCRA on September 18, 2018 through an interim final rulemaking. See 83 FR 47027 (2018). The Commission is now adopting further revisions to its own Model II. Procedural Requirements Under the Administrative Procedure Act, an agency may promulgate or rescind a rule without prior notice and an opportunity for public comment if the agency finds for good cause that 2 15 U.S.C. 1681 et seq. Section 1088 of the DoddFrank Act made conforming amendments to the FCRA. 3 The other six retained rules that pertain to motor vehicle dealers consisted of: (1) Privacy of VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 notice and comment are unnecessary.4 The Commission has determined that public comment on the rescission of these rules is unnecessary because the rulemaking authority for rules associated with these model forms and disclosures has transferred to the CFPB pursuant to the Dodd-Frank Act. The rescission of these FTC model forms will help avoid confusion as to which model forms and disclosures covered entities should look to in order to fulfill their disclosure obligations under the FCRA. Thus, there is no reason for public comment on this regulatory action. In addition, the Commission has determined that these rescissions may take effect immediately upon publication of this notice in the Federal Register, as permitted by the Administrative Procedure Act.5 The removal of the regulations is exempt from the usual 30-day notice requirement as it merely ‘‘relieves a restriction’’ from FTC requirements. The 30-day notice requirement does not apply under these circumstances, in which the underlying rulemaking authority for rules associated with these model forms and disclosures has transferred to the CFPB. Therefore, Consumer Financial Information Privacy Rule, 16 CFR part 313; (2) Duties of Creditors Regarding Risk-Based Pricing, 16 CFR part 640; (3) Duties of Users of Consumer Reports Regarding Address Discrepancies, 16 CFR part 641; (4) Prescreen OptOut Notice, 16 CFR part 642; (5) Duties of Furnishers of Information to Consumer Reporting Agencies, 16 CFR part 660; and (6) Affiliate Marketing, 16 CFR part 680. 4 5 U.S.C. 553(b)(B). 5 5 U.S.C. 553(d)(1). PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations appears in the section, and add in its place the reference indicated in the right column: affected persons do not need time to prepare for or take any action with regard to the rescission. III. Paperwork Reduction Act Remove The FTC is rescinding several model forms and disclosures contained in 16 CFR part 698 that it has determined are no longer necessary. The removal of these forms will not impact paperwork burden estimates relating to the Commission’s rules issued under the FCRA. Neither the Model Forms and Disclosures in 16 CFR part 698 that are being rescinded nor the remaining Model Forms and Disclosures fall within the definition of a ‘‘collection of information’’ covered by the Paperwork Reduction Act (‘‘PRA’’), 44 U.S.C. 3501– 3521, because they constitute ‘‘[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).6 Accordingly, these model forms and disclosures do not constitute a ‘‘collection of information’’ as defined in the regulations implementing the PRA, nor do the financial resources expended in relation to the distribution of these documents constitute a PRA burden. IV. Regulatory Flexibility Act Because the Commission has determined that it may remove these model forms and disclosures without public comment, the Commission is also not required to publish an initial or final regulatory flexibility analysis under the Regulatory Flexibility Act as part of such action.7 List of Subjects in 16 CFR Parts 640, 680, and 698 PART 640—DUTIES OF CREDITORS REGARDING RISK-BASED PRICING 1. The authority citation for part 640 is revised to read as follows: ■ Authority: 12 U.S.C. 5519; 15 U.S.C. 1681m(h). jbell on DSK3GLQ082PROD with RULES [Amended] 2. In § 640.4(b)(2), for each reference indicated in the left column, remove the reference indicated from wherever it ■ 6 See 62 FR 35586, 35589 (1997); 69 FR 69776, 69784 (2004). 7 See 5 U.S.C. 603(a), 604(b). VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 ............................ ............................ ............................ ............................ § 640.5 A–1. A–2. A–6. A–7. (b) Purpose. The purpose of this part is to comply with sections 615(h) and 624 of the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactions Act of 2003, and section 214(b) of the Fair and Accurate Credit Transactions Act of 2003. ■ 8. Revise § 698.2 to read as follows: § 698.2 [Amended] 3. In § 640.5, for each reference indicated in the left column, remove the reference indicated from wherever it appears in the section, and add in its place the reference indicated in the right column: ■ Remove Add 16 CFR part B ........... 16 CFR Part 698, Appendix B. appendix B ................ B–3 ............................ B–4 ............................ B–5 ............................ 16 CFR part 698. 16 CFR part 698, appendix A. appendix A. A–3. A–4. A–5. Legal effect. The model forms and disclosures prescribed by the FTC in this part do not constitute a trade regulation rule. The issuance of the model forms and disclosures set forth in appendices A and B of this part carry out the directive in the statute that the FTC prescribe these forms and disclosures. Use or distribution of the model forms and disclosures in this part will constitute compliance with any section or subsection of the FCRA requiring that such forms and disclosures be used by any motor vehicle dealer subject to the FTC’s rulemaking authority. Appendices A Through H [Removed] 9. Remove appendices A through H. 10. Add a new appendix A to read as follows: ■ PART 680—AFFILIATE MARKETING 4. The authority citation for part 680 is revised to read as follows: ■ Authority: 12 U.S.C. 5519; 15 U.S.C. 1681s–3; 15 U.S.C. 1681s–3 note. § 680.23 [Amended] 5. In § 680.23(a)(4), remove the words ‘‘Appendix C of Part 698 of this chapter’’ and add in their place the words ‘‘appendix B of part 698 of this chapter’’. ■ PART 698—MODEL FORMS AND DISCLOSURES 6. The authority citation for part 698 is revised to read as follows: ■ Consumer reporting agencies, Consumer reports, Credit, Fair Credit Reporting Act, Trade practices. Accordingly, for the reasons set forth above, the Commission amends title 16, Code of Federal Regulations, as follows: § 640.4 B–1 B–2 B–6 B–7 Add 23473 Authority: 12 U.S.C. 5519; 15 U.S.C. 1681m(h); 15 U.S.C. 1681s–3; 15 U.S.C. 1681s–3 note. ■ 7. Revise § 698.1 to read as follows: § 698.1 Authority and purpose. (a) Authority. This part is issued by the Commission pursuant to the provisions of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as amended by the Consumer Credit Reporting Reform Act of 1996 (Title II, Subtitle D, Chapter 1, of the Omnibus Consolidated Appropriations Act for Fiscal Year 1997), Public Law 104–208, 110 Stat. 3009–426 (Sept. 30, 1996), the Fair and Accurate Credit Transactions Act of 2003, Public Law 108–159, 117 Stat. 1952 (Dec. 4, 2003), and the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111–203, 124 Stat. 1376–2223 (July 21, 2010). PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 ■ Appendix A to Part 698—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. 2. Model form A–1 is for use in complying with the general risk-based pricing notice requirements in § 640.3 if a credit score is not used in setting the material terms of credit. Model form A–2 is for risk-based pricing notices given in connection with account review if a credit score is not used in increasing the annual percentage rate. Model form A–3 is for use in connection with the credit score disclosure exception for loans secured by residential real property. Model form A–4 is for use in connection with the credit score disclosure exception for loans that are not secured by residential real property. Model form A–5 is for use in connection with the credit score disclosure exception when no credit score is available for a consumer. Model form A–6 is for use in complying with the general risk-based pricing notice requirements in § 640.3 if a credit score is used in setting the material terms of credit. Model form A–7 is for riskbased pricing notices given in connection with account review if a credit score is used in increasing the annual percentage rate. All forms contained in this appendix are models; their use is optional. 3. A person may change the forms by rearranging the format or by making technical modifications to the language of the forms, in each case without modifying the substance of E:\FR\FM\22MYR1.SGM 22MYR1 23474 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES the disclosures. Any such rearrangement or modification of the language of the model forms may not be so extensive as to materially affect the substance, clarity, comprehensibility, or meaningful sequence of the forms. Persons making revisions with that effect will lose the benefit of the safe harbor for appropriate use of the model forms in this appendix. A person is not required to conduct consumer testing when rearranging the format of the model forms. a. Acceptable changes include, for example: i. Corrections or updates to telephone numbers, mailing addresses, or website addresses that may change over time. ii. The addition of graphics or icons, such as the person’s corporate logo. iii. Alteration of the shading or color contained in the model forms. iv. Use of a different form of graphical presentation to depict the distribution of credit scores. v. Substitution of the words ‘‘credit’’ and ‘‘creditor’’ or ‘‘finance’’ and ‘‘finance company’’ for the terms ‘‘loan’’ and ‘‘lender.’’ VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 vi. Including pre-printed lists of the sources of consumer reports or consumer reporting agencies in a ‘‘check-the-box’’ format. vii. Including the name of the consumer, transaction identification numbers, a date, and other information that will assist in identifying the transaction to which the form pertains. viii. Including the name of an agent, such as an auto dealer or other party, when providing the ‘‘Name of the Entity Providing the Notice.’’ b. Unacceptable changes include, for example: i. Providing model forms on register receipts or interspersed with other disclosures. ii. Eliminating empty lines and extra spaces between sentences within the same section. 4. Optional language in model forms A–6 and A–7 may be used to direct the consumer to the entity (which may be a consumer reporting agency or the creditor itself, for a proprietary score that meets the definition of PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 a credit score) that provided the credit score for any questions about the credit score, along with the entity’s contact information. Creditors may use or not use the additional language without losing the safe harbor, since the language is optional. A–1 Model form for risk-based pricing notice. A–2 Model form for account review riskbased pricing notice. A–3 Model form for credit score disclosure exception for loans secured by one to four units of residential real property. A–4 Model form for credit score disclosure exception for loans not secured by residential real property. A–5 Model form for credit score disclosure exception for loans where credit score is not available. A–6 Model form for risk-based pricing notice with credit score information. A–7 Model form for account review risk-based pricing notice with credit score information. BILLING CODE 6750–01–P E:\FR\FM\22MYR1.SGM 22MYR1 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 23475 A-1. Model form for rjsk-based prjcjng notjce [Name of Entity Providing the Notice] Your Credit Report[ s] and the Price You Pay for Credit A credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. We used information from your credit report[s] to set the terms of the credit we are offering you, such as the [Annual Percentage Rate/down payment]. The terms offered to you may be less favorable than the terms offered to consumers who have better credit histories. You have a right to dispute any inaccurate information in your credit report[s]. If you fmd mistakes on your credit report[s], contact [insert name of CRA(s)], which [is/are] the [consumer reporting agency/consumer reporting agencies] from which we obtained your credit report[s]. It is a good idea to check your credit report[s] to make sure the information [it contains/they contain] is accurate. Under federal law, you have the right to obtain a copy of your credit report[s] without charge for 60 days after you receive this notice. To obtain your free report[s], contact [insert name ofCRA(s)]: By telephone: Call toll-free: l-877-xxx-xx:xx By mail: Mail your written request to: [Insert address] On the web: Visit [insert web site address] VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.025</GPH> jbell on DSK3GLQ082PROD with RULES For more information about credit reports and your rights under federal law, visit the Consumer Financial Protection Bureau's website at www.consumerfinance.gov/learnmore, or the Federal Trade Commission's website at www.ftc.gov. 23476 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations A-2. Model form for account reyjew rjsk-based prjcjng notjce [Name of Entity Providing the Notice] Your Credit Report[ s] and the Pricing of Your Account A credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. We have used information from your credit report[s] to review the terms of your account with us. Based on our review of your credit report[s], we have increased the annual percentage rate on your account. You have a right to dispute any inaccurate information in your credit report[s]. If you fmd mistakes on your credit report[s], contact [insert name of CRA(s)], which [is/are] [a consumer reporting agency/consumer reporting agencies] from which we obtained your credit report[s]. It is a good idea to check your credit report[s] to make sure the information [it contains/they contain] is accurate. Under federal law, you have the right to obtain a copy of your credit report[s] without charge for 60 days after you receive this notice. To obtain your free report[s], contact [insert name ofCRA(s)]: By telephone: Call toll-free: 1-877-:xxx-xx:xx By mail: Mail your written request to: [Insert address] On the web: Visit [insert web site address] VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.026</GPH> jbell on DSK3GLQ082PROD with RULES For more information about credit reports and your rights under federal law, visit the Consumer Financial Protection Bureau's website at www.consumerfinance.gov/learnmore, or the Federal Trade Commission's web site at www.ftc.gov. Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 23477 A-3. Model form for credjt score djsclosyre exceptjon for loans secured by one to four unjts of resjdentjal real nrgperty (Name of Entity Providing the Notice] Your Credit Seore and the Price You Pay for Credit [Insert credit score] Source: [Insert 110uree) Date: [Insert date score was created] Your credit score is a number that reflects the information in your credit report Your credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. Your credit score can change, depending on how your credit history changes. Your credit score can affect whether you can get a loan and how much you will have to pay for that loan Scores range from a low of [Insert bottom number in the range) to a high of [Insert top number in the range]. Generally, the higher your score, the more likely you are to be offered better credit terms. .e •e Ill ~- =I ;:; 'J:; e.!:! :::::~1:: •II. 8'6 - (30%] - - (20o/o] (Ui%1 [10%) r-oo- 115%) - r-oo- [10o/o) - ~ ~ [0-100) [101-200] [201-300] [301-400] [401-500] [501-600] Score Range VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.027</GPH> jbell on DSK3GLQ082PROD with RULES [or] [Your credit score ranks higher than [X] percent ofU.S. consumers.] Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES Notice to the Home Loan Applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores. The credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change. Because the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 If you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application. If you have questions concerning the terms of the loan, contact the lender. E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.028</GPH> 23478 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 23479 A-4, Model form for credjt score djsclosure excentjon for loans not secured by resjdentjal real nronertv [Name of Entity Providing the Notice] Your Credit Score and the Price You Pay for Credit [Insert credit score] Date: [Insert date score was created] Source: [Insert source] Your credit score is a number that reflects the information in your credit report. Your credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. Your credit score can change, depending on how your credit history changes. Your credit score can affect whether you can get a loan and how much you will have to pay for that loan. &:ores nmge from a low of [Insert bottom number in the range] to a high of [Insert top number ln the range]. Generally, the higher your score, the more likely you are to be offered better credit terms. (30%1 - ,.....- [10%1 [15%1 D [10%1 - [0-1001 r- [15%1 - [101-100] ,.....- (10%) r- (101-300] (301-4001 (401-5001 [501-600] ScoreRanae VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.029</GPH> jbell on DSK3GLQ082PROD with RULES [or] [Yourcreditscoreranks higher than [X] percentofU.S. consumers.] 23480 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations You have a right to dispute any inaccurate information in your credit report. If you fmd mistakes on your credit report, contact the consumer reporting agency. It is a good idea to check your credit report to make sure the information it contains is accurate. Under federal law, you have the right to obtain a free copy of your credit report from each of the nationwide consumer reporting agencies once a year. To order your free annual credit reportBy telephone: Call toll-free: 1-877-322-8228 On the web: Visit By mail: Mail your completed Arm.ual Credit Report Request Form (which you can obtain from the Federal Trade Commission's web site at htto://www.ftc.govI bcp/conline/include/reguestformfmal.pdf) to: Arm.ual Credit Report Request Service P.O. Box 105281 Atlanta, GA 30348-5281 VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.030</GPH> jbell on DSK3GLQ082PROD with RULES For more information about credit reports and your rights under federal law, visit the Consumer Financial Protection Bureau's website at www.consumerfinance.gov/learnmore, or the Federal Trade Commission's web site at www.ftc.gov. Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 23481 A-5. Model form for credit score disclosure for loans where credit score is not available [Name of Entity Providing the Notice] Credit Scores and the Price You Pay for Credit Your credit score is not available from [Insert name of CRA], which is a consumer reporting agency, because they may not have enough information about your credit history to calculate a A credit score is a number that reflects the information in a credit report. A credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. A credit score can change, depending on how a consumer's credit history changes. Credit scores are important because consumers who have higher credit scores generally will get more favorable credit terms. Not having a credit score can affect whether you can get a loan and how much you will have to pay for that loan. You have a right to dispute any inaccurate information in your credit report. If you fmd mistakes on your credit report, contact the consumer reporting agency. It is a good idea to check your credit report to make sure the information it contains is accurate. Under federal law, you have the right to obtain a free copy of your credit report from each of the nationwide consumer reporting agencies once a year. To order your free annual credit reportCall toll-free: 1-877-322-8228 Visit www.annualcreditreport.com Mail your completed Annual Credit Report Request Form (which you can obtain from the Federal Trade Commission's web site at http://www.ftc.gov/ bcp/conline/include/requestformfmal.pdf) to: For more information about credit reports and your rights under federal law, visit the Consumer Financial Protection Bureau's website at www.consumerfmance.gov/learnmore, or the Federal Trade Commission's web site at www.ftc.gov. VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.031</GPH> jbell on DSK3GLQ082PROD with RULES Annual Credit Report Request Service P.O. Box 105281 Atlanta, GA 30348-5281 23482 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations A-6. Model form for risk-based pricing notice with credit score information [Name of Entity Providing the Notice] Your Credit Report[ s] and the Price You Pay for Credit A credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. We used information from your credit report[s] to set the terms of the credit we are offering you, such as the [Annual Percentage Rate/down payment]. The terms offered to you may be less favorable than the terms offered to consumers who have better credit histories. You have a right to dispute any inaccurate information in your credit report[s]. If you fmd mistakes on your credit report[s], contact [insert name of CRA(s)], which [is/are] the [consumer reporting agency/consumer reporting agencies] from which we obtained your credit report[s]. It is a good idea to check your credit report[s] to make sure the information [it contains/they contain] is accurate. Under federal law, you have the right to obtain a copy of your credit report[s] without charge for 60 days after you receive this notice. To obtain your free report[s], contact [insert name ofCRA(s)]: By telephone: Call toll-free: 1-877-xxx-xxxx By mail: Mail your written request to: [Insert address] On the web: Visit [insert web site address] VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.032</GPH> jbell on DSK3GLQ082PROD with RULES For more information about credit reports and your rights under federal law, visit the Consumer Financial Protection Bureau's website at www.consumerfmance.gov/learnmore, or the Federal Trade Commission's web site at www.ftc.gov. Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 23483 Your Credit Score and Understanding Your Credit Score [Insert credit score] Source: [Insert source] Date: [Insert date score was created] Your credit score is a number that reflects the information in your credit report. We used your credit score to set the terms of credit we are offering you. Your credit score can change, depending on how your credit history changes. Scores range from a low of [Insert bottom number in the range] to a high of [Insert top number in the range]. [Insert first factor] [Insert second factor] [Insert third factor] [Insert fourth factor] [Insert number of enquiries as a key factor, if applicable] [If you have any questions regarding your credit score, you should contact [entity that provided the credit score] at: Adilless: _______________________________________________________ VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.033</GPH> jbell on DSK3GLQ082PROD with RULES [Toll-free] Telephone number: _____________________________________. 23484 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations A-7. Model form for account review risk-based pricing notice with credit score information [Name of Entity Providing the Notice] Your Credit Report[ s] and the Pricing of Your Account A credit report is a record of your credit history. It includes information about whether you pay your bills on time and how much you owe to creditors. We have used information from your credit report[s] to review the terms of your account with us. Based on our review of your credit report[s], we have increased the annual percentage rate on your account. You have a right to dispute any inaccurate information in your credit report[s]. If you fmd mistakes on your credit report[s], contact [insert name of CRA(s)], which [is/are] [a consumer reporting agency/consumer reporting agencies] from which we obtained your credit report[s]. It is a good idea to check your credit report[s] to make sure the information [it contains/they contain] is accurate. Under federal law, you have the right to obtain a copy of your credit report[s] without charge for 60 days after you receive this notice. To obtain your free report[s], contact [insert name ofCRA(s)]: By telephone: Call toll-free: 1-877-xxx-xxxx By mail: Mail your written request to: [Insert address] On the web: Visit [insert web site address] VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4725 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.034</GPH> jbell on DSK3GLQ082PROD with RULES For more information about credit reports and your rights under federal law, visit the Consumer Financial Protection Bureau's website at www.consumerfmance.gov/learnmore, or the Federal Trade Commission's web site at www.ftc.gov. Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations 11. Add a new appendix B to read as follows: ■ jbell on DSK3GLQ082PROD with RULES Appendix B to Part 698—Model Forms for Affiliate Marketing 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. B. Certain changes may be made to the language or format of the model forms without losing the protection from liability afforded by use of the model forms. These changes may not be so extensive as to affect the substance, clarity, or meaningful sequence of the language in the model forms. Persons making such extensive revisions will lose the safe harbor that this Appendix provides. Acceptable changes include, for example: 1. Rearranging the order of the references to ‘‘your income,’’ ‘‘your account history,’’ and ‘‘your credit score.’’ 2. Substituting other types of information for ‘‘income,’’ ‘‘account history,’’ or ‘‘credit score’’ for accuracy, such as ‘‘payment history,’’ ‘‘credit history,’’ ‘‘payoff status,’’ or ‘‘claims history.’’ VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 3. Substituting a clearer and more accurate description of the affiliates providing or covered by the notice for phrases such as ‘‘the [ABC] group of companies,’’ including without limitation a statement that the entity providing the notice recently purchased the consumer’s account. 4. Substituting other types of affiliates covered by the notice for ‘‘credit card,’’ ‘‘insurance,’’ or ‘‘securities’’ affiliates. 5. Omitting items that are not accurate or applicable. For example, if a person does not limit the duration of the opt-out period, the notice may omit information about the renewal notice. 6. Adding a statement informing consumers how much time they have to opt out before shared eligibility information may be used to make solicitations to them. 7. Adding a statement that the consumer may exercise the right to opt out at any time. 8. Adding the following statement, if accurate: ‘‘If you previously opted out, you do not need to do so again.’’ 9. Providing a place on the form for the consumer to fill in identifying information, such as his or her name and address. B–1 Model Form for Initial Opt-out notice (Single-Affiliate Notice) B–2 Model Form for Initial Opt-out notice (Joint Notice) PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 B–3 Model Form for Renewal Notice (Single-Affiliate Notice) B–4 Model Form for Renewal Notice (Joint Notice) B–5 Model Form for Voluntary ‘‘No Marketing’’ Notice B–1 Model Form for Initial Opt-Out Notice (Single-Affiliate Notice) [Your Choice To Limit Marketing]/ [Marketing Opt-Out] • [Name of Affiliate] is providing this notice. • [Optional: Federal law gives you the right to limit some but not all marketing from our affiliates. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from our affiliates.] • You may limit our affiliates in the [ABC] group of companies, such as our [credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that we collect and share with them. This information includes your [income], your [account history with us], and your [credit score]. • Your choice to limit marketing offers from our affiliates will apply [until you tell us to change your choice]/[for x years from when you tell us your choice]/[for at least 5 E:\FR\FM\22MYR1.SGM 22MYR1 ER22MY19.035</GPH> BILLING CODE 6750–01–C 23485 23486 Federal Register / Vol. 84, No. 99 / Wednesday, May 22, 2019 / Rules and Regulations years from when you tell us your choice]. [Include if the opt-out period expires.] Once that period expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from our affiliates for [another x years]/[at least another 5 years]. • [Include, if applicable, in a subsequent notice, including an annual notice, for consumers who may have previously opted out.] If you have already made a choice to limit marketing offers from our affiliates, you do not need to act again until you receive the renewal notice. To limit marketing offers, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llDo not allow your affiliates to use my personal information to market to me. B–2 Model Form for Initial Opt-Out Notice (Joint Notice) jbell on DSK3GLQ082PROD with RULES [Your Choice To Limit Marketing]/ [Marketing Opt-Out] • The [ABC group of companies] is providing this notice. • [Optional: Federal law gives you the right to limit some but not all marketing from the [ABC] companies. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from the [ABC] companies.] • You may limit the [ABC companies], such as the [ABC credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that they receive from other [ABC] companies. This information includes your [income], your [account history], and your [credit score]. • Your choice to limit marketing offers from the [ABC] companies will apply [until you tell us to change your choice]/[for x years from when you tell us your choice]/[for at least 5 years from when you tell us your choice]. [Include if the opt-out period expires.] Once that period expires, you will receive a renewal notice that will allow you to continue to limit marketing offers from the [ABC] companies for [another x years]/[at least another 5 years]. • [Include, if applicable, in a subsequent notice, including an annual notice, for consumers who may have previously opted out.] If you have already made a choice to limit marketing offers from the [ABC] companies, you do not need to act again until you receive the renewal notice. To limit marketing offers, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llDo not allow any company [in the ABC group of companies] to use my personal information to market to me. VerDate Sep<11>2014 15:56 May 21, 2019 Jkt 247001 B–3 Model Form for Renewal Notice (Single-Affiliate Notice) [Renewing Your Choice To Limit Marketing]/ [Renewing Your Marketing Opt-Out] • [Name of Affiliate] is providing this notice. • [Optional: Federal law gives you the right to limit some but not all marketing from our affiliates. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from our affiliates.] • You previously chose to limit our affiliates in the [ABC] group of companies, such as our [credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that we share with them. This information includes your [income], your [account history with us], and your [credit score]. • Your choice has expired or is about to expire. To renew your choice to limit marketing for [x] more years, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llRenew my choice to limit marketing for [x] more years. B–4 Model Form for Renewal Notice (Joint Notice) [Renewing Your Choice To Limit Marketing]/ [Renewing Your Marketing Opt-Out] • The [ABC group of companies] is providing this notice. • [Optional: Federal law gives you the right to limit some but not all marketing from the [ABC] companies. Federal law also requires us to give you this notice to tell you about your choice to limit marketing from the [ABC] companies.] • You previously chose to limit the [ABC companies], such as the [ABC credit card, insurance, and securities] affiliates, from marketing their products or services to you based on your personal information that they receive from other [ABC] companies. This information includes your [income], your [account history], and your [credit score]. • Your choice has expired or is about to expire. To renew your choice to limit marketing for [x] more years, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: Check the box and complete the form below, and send the form to: [Company name] [Company address] llRenew my choice to limit marketing for [x] more years. B–5 Model Form for Voluntary ‘‘No Marketing’’ Notice Your Choice To Stop Marketing • [Name of Affiliate] is providing this notice. • You may choose to stop all marketing from us and our affiliates. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 • [Your choice to stop marketing from us and our all affiliates will apply until you tell us to change your choice.] To stop all marketing offers, contact us [include all that apply]: • By telephone: 1–877-###-#### • On the web: www.—.com • By mail: check the box and complete the form below, and send the form to: [Company name] [Company address] llDo not market to me. By direction of the Commission. April J. Tabor, Acting Secretary. [FR Doc. 2019–10110 Filed 5–21–19; 8:45 am] BILLING CODE 6750–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2019–0359] RIN 1625–AA08 Special Local Regulation; Clinch River, Oak Ridge, TN Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation on the Clinch River from mile 48.5 to mile 52.0 extending from bank to bank to protect the participants of the Dogwood Masters Classic Regatta, vessels, and waterfront facilities from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature during the regatta in Oak Ridge, TN. Deviation from the special local regulation is prohibited unless specifically authorized by the Captain of the Port (COTP) Sector Ohio Valley or a designated representative. DATES: This rule is effective from 5:00 a.m. on May 24, 2019 through 5:00 p.m. May 25, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0359 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer First Class Nicholas Jones, Marine Safety Detachment Nashville U.S. Coast Guard; telephone 615–736–5421, email Nicholas.J.Jones@ uscg.mil. SUMMARY: E:\FR\FM\22MYR1.SGM 22MYR1

Agencies

[Federal Register Volume 84, Number 99 (Wednesday, May 22, 2019)]
[Rules and Regulations]
[Pages 23471-23486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10110]


=======================================================================
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FEDERAL TRADE COMMISSION

16 CFR Parts 640, 680, and 698


Rescission of Model Forms and Disclosures

AGENCY: Federal Trade Commission.

ACTION: Final rule; rescission of regulations.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is 
rescinding several Model Forms and Disclosures promulgated pursuant to 
the Fair Credit Reporting Act (``FCRA'') that it has determined are no 
longer necessary. The Dodd-Frank Wall Street Reform and Consumer 
Protection Act transferred rulemaking authority associated with these 
forms and disclosures to the Bureau of Consumer Financial Protection 
(``Bureau'' or ``CFPB''). Given the CFPB's 2018 updates to its model 
forms and disclosures, the Commission has determined that rescinding 
several of its model forms and disclosures would reduce confusion. The 
Commission is also making conforming amendments to address references 
to the updated model forms and disclosures in related rules.

DATES: This action is effective May 22, 2019.

FOR FURTHER INFORMATION CONTACT: David Lincicum, Bureau of Consumer 
Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, 
Washington, DC 20580, (202) 326-2773, [email protected], or Kenny 
Wright, Office of the General Counsel, Federal Trade Commission, 600 
Pennsylvania Avenue NW, Washington, DC 20580, (202) 326-2907, 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 1061 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (``Dodd-Frank Act'') \1\ transferred

[[Page 23472]]

rulemaking authority for certain enumerated consumer financial laws to 
the Bureau, including portions of the Fair Credit Reporting Act 
(``FCRA''),\2\ although the FTC retained general rulemaking authority 
under Sections 615(e) (``Red Flag Guidelines and Regulations 
Required'') and 628 (``Disposal of Records'') of the FCRA. See 15 
U.S.C. 1681s(e); Public Law 111-203, sec. 1088(a)(10)(E). Following 
these amendments, the Commission retains rulemaking authority for its 
``Identity Theft Rules,'' 16 CFR part 681, and its rules governing 
``Disposal of Consumer Report Information and Records,'' 16 CFR part 
682, for all entities subject to those rules. See 15 U.S.C. 1681m, 
1681w.
---------------------------------------------------------------------------

    \1\ Public Law 111-203, 124 Stat. 1376 (2010).
    \2\ 15 U.S.C. 1681 et seq. Section 1088 of the Dodd-Frank Act 
made conforming amendments to the FCRA.
---------------------------------------------------------------------------

    The Commission also retains rulemaking authority under the FCRA 
over any motor vehicle dealer described in Section 1029(a) of the Dodd-
Frank Act that is predominantly engaged in the sale and servicing of 
motor vehicles, the leasing and servicing of motor vehicles, or both. 
See Dodd-Frank Act, sec. 1029(a), (c).
    After the issuance of the Dodd-Frank Act, the Commission rescinded 
several rules following their republication by the CFPB. See 77 FR 
22200 (2012). The Commission rescinded five rules issued under the 
FCRA, as amended by the FACT Act, that were republished by the CFPB: 
(1) [Identity Theft] Definitions, 16 CFR part 603 (republished by the 
CFPB at 12 CFR 1022.3); (2) Free Annual File Disclosures Rule, 16 CFR 
part 610 (republished by the CFPB at 12 CFR 1022.130); (3) Prohibition 
Against Circumventing Treatment as a Nationwide Consumer Reporting 
Agency, 16 CFR part 611 (republished by the CFPB at 12 CFR 1022.140); 
(4) Duration of Active Duty Alerts, 16 CFR part 613 (republished by the 
CFPB at 12 CFR 1022.121); and (5) Appropriate Proof of Identity, 16 CFR 
part 614 (republished by the CFPB at 12 CFR 1022.123).
    The FTC also retained seven rules issued under the FCRA, as 
amended, that continue to apply to motor vehicle dealers, including the 
FCRA Model Forms and Disclosures in 16 CFR part 698.\3\
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    \3\ The other six retained rules that pertain to motor vehicle 
dealers consisted of: (1) Privacy of Consumer Financial Information 
Privacy Rule, 16 CFR part 313; (2) Duties of Creditors Regarding 
Risk-Based Pricing, 16 CFR part 640; (3) Duties of Users of Consumer 
Reports Regarding Address Discrepancies, 16 CFR part 641; (4) 
Prescreen Opt-Out Notice, 16 CFR part 642; (5) Duties of Furnishers 
of Information to Consumer Reporting Agencies, 16 CFR part 660; and 
(6) Affiliate Marketing, 16 CFR part 680.
---------------------------------------------------------------------------

    The CFPB recently issued further revisions to its own model forms 
and disclosures associated with the FCRA on September 18, 2018 through 
an interim final rulemaking. See 83 FR 47027 (2018).
    The Commission is now adopting further revisions to its own Model 
Forms and Disclosures to rescind forms that are no longer necessary. 
Accordingly, the Commission is rescinding the following appendices in 
16 CFR part 698:
     Appendix A--Model Prescreen Opt-Out Notices;
     Appendix D--Standardized Form for Requesting Annual File 
Disclosures;
     Appendix E--Summary of Identity Theft Rights;
     Appendix F--General Summary of Consumer Rights;
     Appendix G--Notice of Furnisher Responsibilities; and
     Appendix H--Notice of User Responsibilities.
    In addition, the Commission is redesignating Appendix B--Model 
Forms for Risk-Based Pricing and Credit Score Disclosure Exception 
Notices as appendix A, and Appendix C--Model Forms for Affiliate 
Marketing Opt-Out Notices as appendix B.
    Following these rescissions, covered entities should look to the 
corresponding forms issued by the CFPB to obtain the appropriate model 
forms and disclosures. The following is a chart that provides cross-
references to the appropriate forms:

------------------------------------------------------------------------
                                            Corresponding CFPB Form in
  Rescinded FTC Form (16 CFR part 698)   Regulation V (12 CFR part 1022)
------------------------------------------------------------------------
Appendix A: Model Prescreen Opt Notices  Appendix D to Part 1022--Model
                                          Forms for Firm Offers of
                                          Credit or Insurance.
Appendix D: Standardized Form for        Appendix L to Part 1022--
 Requesting Annual File Disclosures.      Standardized Form for
                                          Requesting Annual File
                                          Disclosures.
Appendix E: Summary of Identity Theft    Appendix I to Part 1022--
 Rights.                                  Summary of Consumer Identity
                                          Theft Rights.
Appendix F: General Summary of Consumer  Appendix K to Part 1022--
 Rights.                                  Summary of Consumer Rights.
Appendix G: Notice of Furnisher          Appendix M to Part 1022--Notice
 Responsibilities.                        of Furnisher Responsibilities.
Appendix H: Notice of User               Appendix N to Part 1022--Notice
 Responsibilities.                        of User Responsibilities.
------------------------------------------------------------------------

    The Commission is also making conforming amendments to update 
references in several Commission rules to the currently applicable 
forms issued under the FCRA. These amendments address references to the 
model forms and disclosures in the Risk-Based Pricing Rule, 16 CFR part 
640, and the Affiliate Marketing Rule, 16 CFR part 680.

II. Procedural Requirements

    Under the Administrative Procedure Act, an agency may promulgate or 
rescind a rule without prior notice and an opportunity for public 
comment if the agency finds for good cause that notice and comment are 
unnecessary.\4\ The Commission has determined that public comment on 
the rescission of these rules is unnecessary because the rulemaking 
authority for rules associated with these model forms and disclosures 
has transferred to the CFPB pursuant to the Dodd-Frank Act. The 
rescission of these FTC model forms will help avoid confusion as to 
which model forms and disclosures covered entities should look to in 
order to fulfill their disclosure obligations under the FCRA. Thus, 
there is no reason for public comment on this regulatory action.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 553(b)(B).
---------------------------------------------------------------------------

    In addition, the Commission has determined that these rescissions 
may take effect immediately upon publication of this notice in the 
Federal Register, as permitted by the Administrative Procedure Act.\5\ 
The removal of the regulations is exempt from the usual 30-day notice 
requirement as it merely ``relieves a restriction'' from FTC 
requirements. The 30-day notice requirement does not apply under these 
circumstances, in which the underlying rulemaking authority for rules 
associated with these model forms and disclosures has transferred to 
the CFPB. Therefore,

[[Page 23473]]

affected persons do not need time to prepare for or take any action 
with regard to the rescission.
---------------------------------------------------------------------------

    \5\ 5 U.S.C. 553(d)(1).
---------------------------------------------------------------------------

III. Paperwork Reduction Act

    The FTC is rescinding several model forms and disclosures contained 
in 16 CFR part 698 that it has determined are no longer necessary. The 
removal of these forms will not impact paperwork burden estimates 
relating to the Commission's rules issued under the FCRA. Neither the 
Model Forms and Disclosures in 16 CFR part 698 that are being rescinded 
nor the remaining Model Forms and Disclosures fall within the 
definition of a ``collection of information'' covered by the Paperwork 
Reduction Act (``PRA''), 44 U.S.C. 3501-3521, because they constitute 
``[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).\6\ Accordingly, these model 
forms and disclosures do not constitute a ``collection of information'' 
as defined in the regulations implementing the PRA, nor do the 
financial resources expended in relation to the distribution of these 
documents constitute a PRA burden.
---------------------------------------------------------------------------

    \6\ See 62 FR 35586, 35589 (1997); 69 FR 69776, 69784 (2004).
---------------------------------------------------------------------------

IV. Regulatory Flexibility Act

    Because the Commission has determined that it may remove these 
model forms and disclosures without public comment, the Commission is 
also not required to publish an initial or final regulatory flexibility 
analysis under the Regulatory Flexibility Act as part of such 
action.\7\
---------------------------------------------------------------------------

    \7\ See 5 U.S.C. 603(a), 604(b).
---------------------------------------------------------------------------

List of Subjects in 16 CFR Parts 640, 680, and 698

    Consumer reporting agencies, Consumer reports, Credit, Fair Credit 
Reporting Act, Trade practices.

    Accordingly, for the reasons set forth above, the Commission amends 
title 16, Code of Federal Regulations, as follows:

PART 640--DUTIES OF CREDITORS REGARDING RISK-BASED PRICING

0
1. The authority citation for part 640 is revised to read as follows:

    Authority:  12 U.S.C. 5519; 15 U.S.C. 1681m(h).


Sec.  640.4   [Amended]

0
2. In Sec.  640.4(b)(2), for each reference indicated in the left 
column, remove the reference indicated from wherever it appears in the 
section, and add in its place the reference indicated in the right 
column:

------------------------------------------------------------------------
                  Remove                                 Add
------------------------------------------------------------------------
B-1.......................................  A-1.
B-2.......................................  A-2.
B-6.......................................  A-6.
B-7.......................................  A-7.
------------------------------------------------------------------------

Sec.  640.5   [Amended]

0
3. In Sec.  640.5, for each reference indicated in the left column, 
remove the reference indicated from wherever it appears in the section, 
and add in its place the reference indicated in the right column:

------------------------------------------------------------------------
                  Remove                                 Add
------------------------------------------------------------------------
16 CFR part B.............................  16 CFR part 698.
16 CFR Part 698, Appendix B...............  16 CFR part 698, appendix A.
appendix B................................  appendix A.
B-3.......................................  A-3.
B-4.......................................  A-4.
B-5.......................................  A-5.
------------------------------------------------------------------------

PART 680--AFFILIATE MARKETING

0
4. The authority citation for part 680 is revised to read as follows:

    Authority:  12 U.S.C. 5519; 15 U.S.C. 1681s-3; 15 U.S.C. 1681s-3 
note.


Sec.  680.23   [Amended]

0
5. In Sec.  680.23(a)(4), remove the words ``Appendix C of Part 698 of 
this chapter'' and add in their place the words ``appendix B of part 
698 of this chapter''.

PART 698--MODEL FORMS AND DISCLOSURES

0
6. The authority citation for part 698 is revised to read as follows:

    Authority:  12 U.S.C. 5519; 15 U.S.C. 1681m(h); 15 U.S.C. 1681s-
3; 15 U.S.C. 1681s-3 note.

0
7. Revise Sec.  698.1 to read as follows:


Sec.  698.1   Authority and purpose.

    (a) Authority. This part is issued by the Commission pursuant to 
the provisions of the Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.), as amended by the Consumer Credit Reporting Reform Act of 1996 
(Title II, Subtitle D, Chapter 1, of the Omnibus Consolidated 
Appropriations Act for Fiscal Year 1997), Public Law 104-208, 110 Stat. 
3009-426 (Sept. 30, 1996), the Fair and Accurate Credit Transactions 
Act of 2003, Public Law 108-159, 117 Stat. 1952 (Dec. 4, 2003), and the 
Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 
111-203, 124 Stat. 1376-2223 (July 21, 2010).
    (b) Purpose. The purpose of this part is to comply with sections 
615(h) and 624 of the Fair Credit Reporting Act, as amended by the Fair 
and Accurate Credit Transactions Act of 2003, and section 214(b) of the 
Fair and Accurate Credit Transactions Act of 2003.

0
8. Revise Sec.  698.2 to read as follows:


Sec.  698.2   Legal effect.

    The model forms and disclosures prescribed by the FTC in this part 
do not constitute a trade regulation rule. The issuance of the model 
forms and disclosures set forth in appendices A and B of this part 
carry out the directive in the statute that the FTC prescribe these 
forms and disclosures. Use or distribution of the model forms and 
disclosures in this part will constitute compliance with any section or 
subsection of the FCRA requiring that such forms and disclosures be 
used by any motor vehicle dealer subject to the FTC's rulemaking 
authority.

Appendices A Through H [Removed]

0
9. Remove appendices A through H.

0
10. Add a new appendix A to read as follows:

Appendix A to Part 698--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.
    2. Model form A-1 is for use in complying with the general risk-
based pricing notice requirements in Sec.  640.3 if a credit score 
is not used in setting the material terms of credit. Model form A-2 
is for risk-based pricing notices given in connection with account 
review if a credit score is not used in increasing the annual 
percentage rate. Model form A-3 is for use in connection with the 
credit score disclosure exception for loans secured by residential 
real property. Model form A-4 is for use in connection with the 
credit score disclosure exception for loans that are not secured by 
residential real property. Model form A-5 is for use in connection 
with the credit score disclosure exception when no credit score is 
available for a consumer. Model form A-6 is for use in complying 
with the general risk-based pricing notice requirements in Sec.  
640.3 if a credit score is used in setting the material terms of 
credit. Model form A-7 is for risk-based pricing notices given in 
connection with account review if a credit score is used in 
increasing the annual percentage rate. All forms contained in this 
appendix are models; their use is optional.
    3. A person may change the forms by rearranging the format or by 
making technical modifications to the language of the forms, in each 
case without modifying the substance of

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the disclosures. Any such rearrangement or modification of the 
language of the model forms may not be so extensive as to materially 
affect the substance, clarity, comprehensibility, or meaningful 
sequence of the forms. Persons making revisions with that effect 
will lose the benefit of the safe harbor for appropriate use of the 
model forms in this appendix. A person is not required to conduct 
consumer testing when rearranging the format of the model forms.
    a. Acceptable changes include, for example:
    i. Corrections or updates to telephone numbers, mailing 
addresses, or website addresses that may change over time.
    ii. The addition of graphics or icons, such as the person's 
corporate logo.
    iii. Alteration of the shading or color contained in the model 
forms.
    iv. Use of a different form of graphical presentation to depict 
the distribution of credit scores.
    v. Substitution of the words ``credit'' and ``creditor'' or 
``finance'' and ``finance company'' for the terms ``loan'' and 
``lender.''
    vi. Including pre-printed lists of the sources of consumer 
reports or consumer reporting agencies in a ``check-the-box'' 
format.
    vii. Including the name of the consumer, transaction 
identification numbers, a date, and other information that will 
assist in identifying the transaction to which the form pertains.
    viii. Including the name of an agent, such as an auto dealer or 
other party, when providing the ``Name of the Entity Providing the 
Notice.''
    b. Unacceptable changes include, for example:
    i. Providing model forms on register receipts or interspersed 
with other disclosures.
    ii. Eliminating empty lines and extra spaces between sentences 
within the same section.
    4. Optional language in model forms A-6 and A-7 may be used to 
direct the consumer to the entity (which may be a consumer reporting 
agency or the creditor itself, for a proprietary score that meets 
the definition of a credit score) that provided the credit score for 
any questions about the credit score, along with the entity's 
contact information. Creditors may use or not use the additional 
language without losing the safe harbor, since the language is 
optional.
    A-1 Model form for risk-based pricing notice.
    A-2 Model form for account review risk-based pricing notice.
    A-3 Model form for credit score disclosure exception for loans 
secured by one to four units of residential real property.
    A-4 Model form for credit score disclosure exception for loans 
not secured by residential real property.
    A-5 Model form for credit score disclosure exception for loans 
where credit score is not available.
    A-6 Model form for risk-based pricing notice with credit score 
information.
    A-7 Model form for account review risk-based pricing notice with 
credit score information.
BILLING CODE 6750-01-P

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Notice to the Home Loan Applicant

    In connection with your application for a home loan, the lender 
must disclose to you the score that a consumer reporting agency 
distributed to users and the lender used in connection with your 
home loan, and the key factors affecting your credit scores.
    The credit score is a computer generated summary calculated at 
the time of the request and based on information that a consumer 
reporting agency or lender has on file. The scores are based on data 
about your credit history and payment patterns. Credit scores are 
important because they are used to assist the lender in determining 
whether you will obtain a loan. They may also be used to determine 
what interest rate you may be offered on the mortgage. Credit scores 
can change over time, depending on your conduct, how your credit 
history and payment patterns change, and how credit scoring 
technologies change.
    Because the score is based on information in your credit 
history, it is very important that you review the credit-related 
information that is being furnished to make sure it is accurate. 
Credit records may vary from one company to another.
    If you have questions about your credit score or the credit 
information that is furnished to you, contact the consumer reporting 
agency at the address and telephone number provided with this 
notice, or contact the lender, if the lender developed or generated 
the credit score. The consumer reporting agency plays no part in the 
decision to take any action on the loan application and is unable to 
provide you with specific reasons for the decision on a loan 
application.
    If you have questions concerning the terms of the loan, contact 
the lender.

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BILLING CODE 6750-01-C

0
11. Add a new appendix B to read as follows:

Appendix B to Part 698--Model Forms for Affiliate Marketing 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.
    B. Certain changes may be made to the language or format of the 
model forms without losing the protection from liability afforded by 
use of the model forms. These changes may not be so extensive as to 
affect the substance, clarity, or meaningful sequence of the 
language in the model forms. Persons making such extensive revisions 
will lose the safe harbor that this Appendix provides. Acceptable 
changes include, for example:
    1. Rearranging the order of the references to ``your income,'' 
``your account history,'' and ``your credit score.''
    2. Substituting other types of information for ``income,'' 
``account history,'' or ``credit score'' for accuracy, such as 
``payment history,'' ``credit history,'' ``payoff status,'' or 
``claims history.''
    3. Substituting a clearer and more accurate description of the 
affiliates providing or covered by the notice for phrases such as 
``the [ABC] group of companies,'' including without limitation a 
statement that the entity providing the notice recently purchased 
the consumer's account.
    4. Substituting other types of affiliates covered by the notice 
for ``credit card,'' ``insurance,'' or ``securities'' affiliates.
    5. Omitting items that are not accurate or applicable. For 
example, if a person does not limit the duration of the opt-out 
period, the notice may omit information about the renewal notice.
    6. Adding a statement informing consumers how much time they 
have to opt out before shared eligibility information may be used to 
make solicitations to them.
    7. Adding a statement that the consumer may exercise the right 
to opt out at any time.
    8. Adding the following statement, if accurate: ``If you 
previously opted out, you do not need to do so again.''
    9. Providing a place on the form for the consumer to fill in 
identifying information, such as his or her name and address.
B-1 Model Form for Initial Opt-out notice (Single-Affiliate Notice)
B-2 Model Form for Initial Opt-out notice (Joint Notice)
B-3 Model Form for Renewal Notice (Single-Affiliate Notice)
B-4 Model Form for Renewal Notice (Joint Notice)
B-5 Model Form for Voluntary ``No Marketing'' Notice

B-1 Model Form for Initial Opt-Out Notice (Single-Affiliate Notice)

[Your Choice To Limit Marketing]/[Marketing Opt-Out]

     [Name of Affiliate] is providing this notice.
     [Optional: Federal law gives you the right to limit 
some but not all marketing from our affiliates. Federal law also 
requires us to give you this notice to tell you about your choice to 
limit marketing from our affiliates.]
     You may limit our affiliates in the [ABC] group of 
companies, such as our [credit card, insurance, and securities] 
affiliates, from marketing their products or services to you based 
on your personal information that we collect and share with them. 
This information includes your [income], your [account history with 
us], and your [credit score].
     Your choice to limit marketing offers from our 
affiliates will apply [until you tell us to change your choice]/[for 
x years from when you tell us your choice]/[for at least 5

[[Page 23486]]

years from when you tell us your choice]. [Include if the opt-out 
period expires.] Once that period expires, you will receive a 
renewal notice that will allow you to continue to limit marketing 
offers from our affiliates for [another x years]/[at least another 5 
years].
     [Include, if applicable, in a subsequent notice, 
including an annual notice, for consumers who may have previously 
opted out.] If you have already made a choice to limit marketing 
offers from our affiliates, you do not need to act again until you 
receive the renewal notice.
    To limit marketing offers, contact us [include all that apply]:
     By telephone: 1-877-###-####
     On the web: www._.com
     By mail: Check the box and complete the form below, and 
send the form to:
    [Company name]
    [Company address]
    __Do not allow your affiliates to use my personal information to 
market to me.

B-2 Model Form for Initial Opt-Out Notice (Joint Notice)

[Your Choice To Limit Marketing]/[Marketing Opt-Out]

     The [ABC group of companies] is providing this notice.
     [Optional: Federal law gives you the right to limit 
some but not all marketing from the [ABC] companies. Federal law 
also requires us to give you this notice to tell you about your 
choice to limit marketing from the [ABC] companies.]
     You may limit the [ABC companies], such as the [ABC 
credit card, insurance, and securities] affiliates, from marketing 
their products or services to you based on your personal information 
that they receive from other [ABC] companies. This information 
includes your [income], your [account history], and your [credit 
score].
     Your choice to limit marketing offers from the [ABC] 
companies will apply [until you tell us to change your choice]/[for 
x years from when you tell us your choice]/[for at least 5 years 
from when you tell us your choice]. [Include if the opt-out period 
expires.] Once that period expires, you will receive a renewal 
notice that will allow you to continue to limit marketing offers 
from the [ABC] companies for [another x years]/[at least another 5 
years].
     [Include, if applicable, in a subsequent notice, 
including an annual notice, for consumers who may have previously 
opted out.] If you have already made a choice to limit marketing 
offers from the [ABC] companies, you do not need to act again until 
you receive the renewal notice.
    To limit marketing offers, contact us [include all that apply]:
     By telephone: 1-877-###-####
     On the web: www._.com
     By mail: Check the box and complete the form below, and 
send the form to:
    [Company name]
    [Company address]
    __Do not allow any company [in the ABC group of companies] to 
use my personal information to market to me.

B-3 Model Form for Renewal Notice (Single-Affiliate Notice)

[Renewing Your Choice To Limit Marketing]/[Renewing Your Marketing Opt-
Out]

     [Name of Affiliate] is providing this notice.
     [Optional: Federal law gives you the right to limit 
some but not all marketing from our affiliates. Federal law also 
requires us to give you this notice to tell you about your choice to 
limit marketing from our affiliates.]
     You previously chose to limit our affiliates in the 
[ABC] group of companies, such as our [credit card, insurance, and 
securities] affiliates, from marketing their products or services to 
you based on your personal information that we share with them. This 
information includes your [income], your [account history with us], 
and your [credit score].
     Your choice has expired or is about to expire.
    To renew your choice to limit marketing for [x] more years, 
contact us [include all that apply]:
     By telephone: 1-877-###-####
     On the web: www._.com
     By mail: Check the box and complete the form below, and 
send the form to:
    [Company name]
    [Company address]
    __Renew my choice to limit marketing for [x] more years.

B-4 Model Form for Renewal Notice (Joint Notice)

[Renewing Your Choice To Limit Marketing]/[Renewing Your Marketing Opt-
Out]

     The [ABC group of companies] is providing this notice.
     [Optional: Federal law gives you the right to limit 
some but not all marketing from the [ABC] companies. Federal law 
also requires us to give you this notice to tell you about your 
choice to limit marketing from the [ABC] companies.]
     You previously chose to limit the [ABC companies], such 
as the [ABC credit card, insurance, and securities] affiliates, from 
marketing their products or services to you based on your personal 
information that they receive from other [ABC] companies. This 
information includes your [income], your [account history], and your 
[credit score].
     Your choice has expired or is about to expire.
    To renew your choice to limit marketing for [x] more years, 
contact us [include all that apply]:
     By telephone: 1-877-###-####
     On the web: www._.com
     By mail: Check the box and complete the form below, and 
send the form to:
    [Company name]
    [Company address]
    __Renew my choice to limit marketing for [x] more years.

B-5 Model Form for Voluntary ``No Marketing'' Notice

    Your Choice To Stop Marketing
     [Name of Affiliate] is providing this notice.
     You may choose to stop all marketing from us and our 
affiliates.
     [Your choice to stop marketing from us and our all 
affiliates will apply until you tell us to change your choice.]
    To stop all marketing offers, contact us [include all that 
apply]:
     By telephone: 1-877-###-####
     On the web: www._.com
     By mail: check the box and complete the form below, and 
send the form to:
    [Company name]
    [Company address]
    __Do not market to me.

    By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019-10110 Filed 5-21-19; 8:45 am]
 BILLING CODE 6750-01-P