Fair Credit Reporting Act Disclosures, 72364-72365 [2022-25751]

Agencies

• BUREAU OF CONSUMER FINANCIAL PROTECTION

[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72364-72365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25751]


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BUREAU OF CONSUMER FINANCIAL PROTECTION

12 CFR Part 1022


Fair Credit Reporting Act Disclosures

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Final rule; official interpretation.

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SUMMARY: The Consumer Financial Protection Bureau (Bureau) is issuing 
this final rule amending an appendix for Regulation V, which implements 
the Fair Credit Reporting Act (FCRA). The Bureau is required to 
calculate annually the dollar amount of the maximum allowable charge 
for disclosures by a consumer reporting agency to a consumer pursuant 
to FCRA section 609; this final rule establishes the maximum allowable 
charge for the 2023 calendar year.

DATES: This final rule is effective January 1, 2023.

FOR FURTHER INFORMATION CONTACT: Adrien Fernandez, Counsel, Thomas 
Dowell, Senior Counsel; Office of Regulations, at (202) 435-7700. If 
you require this document in an alternative electronic format, please 
contact [email protected].

SUPPLEMENTARY INFORMATION: The Bureau is amending Appendix O to 
Regulation V, which implements the FCRA, to establish the maximum 
allowable charge for disclosures by a consumer reporting agency to a 
consumer for 2023. The maximum allowable charge will be $14.50 for 
2023.

I. Background

    Under section 609 of the FCRA, a consumer reporting agency must, 
upon a consumer's request, disclose to the consumer information in the 
consumer's file.\1\ Section 612(a) of the FCRA gives consumers the 
right to a free file disclosure upon request once every 12 months from 
the nationwide consumer reporting agencies and nationwide specialty 
consumer reporting agencies.\2\ Section 612 of the FCRA also gives 
consumers the right to a free file disclosure under certain other, 
specified circumstances.\3\ Where the consumer is not entitled to a 
free file disclosure, section 612(f)(1)(A) of the FCRA provides that a 
consumer reporting agency may impose a reasonable charge on a consumer 
for making a file disclosure. Section 612(f)(1)(A) of the FCRA provides 
that the charge for such a disclosure shall not exceed $8.00 and shall 
be indicated to the consumer before making the file disclosure.\4\
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    \1\ 15 U.S.C. 1681g.
    \2\ 15 U.S.C. 1681j(a).
    \3\ 15 U.S.C. 1681j(b)-(d). The maximum allowable charge 
announced by the Bureau does not apply to requests made under 
section 612(a)-(d) of the FCRA. The charge does apply when a 
consumer who orders a file disclosure has already received a free 
annual file disclosure and does not otherwise qualify for an 
additional free file disclosure.
    \4\ 15 U.S.C. 1681j(f)(1)(A).
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    Section 612(f)(2) of the FCRA also states that the $8.00 maximum 
amount shall increase on January 1 of each year, based proportionally 
on changes in the Consumer Price Index, with fractional changes rounded 
to the nearest fifty cents.\5\ Such increases are based on the Consumer 
Price Index for All Urban Consumers (CPI-U), which is the most general 
Consumer Price Index and covers all urban consumers and all items.
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    \5\ 15 U.S.C. 1681j(f)(2).
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II. Adjustment

    For 2023, the ceiling on allowable charges under section 612(f) of 
the FCRA will be $14.50, an increase of one dollar from 2022. The 
Bureau is using the $8.00 amount set forth in section 612(f)(1)(A)(i) 
of the FCRA as the baseline for its calculation of the increase in the 
ceiling on reasonable charges for certain disclosures made under 
section 609 of the FCRA. Since the effective date of section 612(a) was 
September 30, 1997, the Bureau calculated the proportional increase in 
the CPI-U from September 1997 to September 2022. The Bureau then 
determined what modification, if any, from the original base of $8.00 
should be made effective for 2023, given the requirement that 
fractional changes be rounded to the nearest fifty cents.
    Between September 1997 and September 2022, the CPI-U increased by 
84.124 percent from an index value of 161.2 in September 1997 to a 
value of 296.808 in September 2022. An increase of 84.124 percent in 
the $8.00 base figure would lead to a figure of $14.73. However, 
because the statute directs that the resulting figure be rounded to the 
nearest $0.50, the maximum allowable charge is $14.50. The Bureau 
therefore determines that the maximum

[[Page 72365]]

allowable charge for the year 2023 will increase to $14.50.

III. Procedural Requirements

A. Administrative Procedure Act

    Under the Administrative Procedure Act (APA), notice and 
opportunity for public comment are not required if the Bureau finds 
that notice and public comment are impracticable, unnecessary, or 
contrary to the public interest.\6\ Pursuant to this final rule, in 
Regulation V, Appendix O is amended to update the maximum allowable 
charge for 2023 under section 612(f). The amendments in this final rule 
are technical and non-discretionary, as they merely apply the method 
previously established in Regulation V for determining adjustments to 
the thresholds. For these reasons, the Bureau has determined that 
publishing a notice of proposed rulemaking and providing opportunity 
for public comment are unnecessary. The amendments therefore are 
adopted in final form.
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    \6\ 5 U.S.C. 553(b)(B).
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B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) does not apply to a rulemaking 
where a general notice of proposed rulemaking is not required.\7\ As 
noted previously, the Bureau has determined that it is unnecessary to 
publish a general notice of proposed rulemaking for this final rule. 
Accordingly, the RFA's requirement relating to an initial and final 
regulatory flexibility analysis do not apply.
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    \7\ 5 U.S.C. 603(a), 604(a).
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C. Paperwork Reduction Act

    The information collections contained in Regulation V, which 
implements the FCRA, are approved by Office of Management and Budget 
under Control number 3170-0002. The current approval for this control 
number expires on November 30, 2023. In accordance with the Paperwork 
Reduction Act of 1995,\8\ the Bureau reviewed this final rule. The 
Bureau has determined that this rule does not create any new 
information collections or substantially revise any existing 
collections.
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    \8\ 44 U.S.C. 3506; 5 CFR part 1320.
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D. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Bureau will submit a report containing this rule and other required 
information to the United States Senate, the United States House of 
Representatives, and the Comptroller General of the United States prior 
to the rule taking effect. The Office of Information and Regulatory 
Affairs has designated this rule as not a ``major rule'' as defined by 
5 U.S.C. 804(2).

IV. Signing Authority

    Senior Advisor Brian Shearer, having reviewed and approved this 
document, is delegating the authority to sign this document 
electronically to Grace Feola, Bureau Federal Register Liaison, for 
purposes of publication in the Federal Register.

List of Subjects in 12 CFR Part 1022

    Banks, banking, Consumer protection, Credit unions, Holding 
companies, National banks, Privacy, Reporting and recordkeeping 
requirements, Savings associations.

Authority and Issuance

    For the reasons set forth in the preamble, the Bureau amends 
Regulation V, 12 CFR part 1022, as set forth below:

PART 1022--FAIR CREDIT REPORTING (REGULATION V)

0
1. The authority citation for part 1022 continues to read as follows:

    Authority:  12 U.S.C. 5512, 5581; 15 U.S.C. 1681a, 1681b, 1681c, 
1681c-1, 1681e, 1681g, 1681i, 1681j, 1681m, 1681s, 1681s-2, 1681s-3, 
and 1681t; sec. 214, Public Law 108-159, 117 Stat. 1952.


0
2. Appendix O is revised to read as follows:

Appendix O to Part 1022--Reasonable Charges for Certain Disclosures

    Section 612(f) of the FCRA, 15 U.S.C. 1681j(f), directs the 
Bureau to increase the maximum allowable charge a consumer reporting 
agency may impose for making a disclosure to the consumer pursuant 
to section 609 of the FCRA, 15 U.S.C. 1681g, on January 1 of each 
year, based proportionally on changes in the Consumer Price Index, 
with fractional changes rounded to the nearest fifty cents. The 
Bureau will publish notice of the maximum allowable charge each year 
by amending this appendix. For calendar year 2023, the maximum 
allowable charge is $14.50. For historical purposes:
    1. For calendar year 2012, the maximum allowable disclosure 
charge was $11.50.
    2. For calendar year 2013, the maximum allowable disclosure 
charge was $11.50.
    3. For calendar year 2014, the maximum allowable disclosure 
charge was $11.50.
    4. For calendar year 2015, the maximum allowable disclosure 
charge was $12.00.
    5. For calendar year 2016, the maximum allowable disclosure 
charge was $12.00.
    6. For calendar year 2017, the maximum allowable disclosure 
charge was $12.00.
    7. For calendar year 2018, the maximum allowable disclosure 
charge was $12.00.
    8. For calendar year 2019, the maximum allowable disclosure 
charge was $12.50.
    9. For calendar year 2020, the maximum allowable disclosure 
charge was $12.50.
    10. For calendar year 2021, the maximum allowable disclosure 
charge was $13.00.
    11. For calendar year 2022, the maximum allowable disclosure 
charge was $13.50.
    12. For calendar year 2023, the maximum allowable disclosure 
charge is $14.50.

Grace Feola,
Federal Register Liaison, Consumer Financial Protection Bureau.
[FR Doc. 2022-25751 Filed 11-23-22; 8:45 am]
BILLING CODE 4810-AM-P