Fair Credit Reporting Act
Major Links
- The Fair Credit Reporting Act (as amended June 3, 2008) [PDF]
- The Fair and Accurate Credit Transactions Act of 2003 (PL 108-159, 12/04/03) [PDF]
- Educational Material A collection of publications for consumers and businesses regarding the FCRA
- Staff Opinion Letters (1997-2001)
Except in unusual circumstances, the staff will no longer issue written interpretations of the FCRA - Selected Commission FCRA Actions
- User and Furnisher Obligations FCRA-required notices
Recent Highlights
- Consumer Reporting Agency Settles FTC Charges That Sale of Tenant Screening Reports to Identity Thieves Violated the FCRA (March 5, 2009)
- Bureau of Consumer Protection Issues Letter Concerning Applicability of the “Red Flags” Rule to Health Care Providers (February 4, 2009)
- FTC Charges Mortgage Broker With Violations of FCRA and Disposal Rule, Seeks Monetary Civil Penalties (December 30, 2008)
- Commission Raises FCRA Maximum Civil Penalty Amount to $3500 Per Violation (December 23, 2008)
- 74 FR 857 (January 9, 2009)
- FTC Publishes Annual "Maximum Charge" Calculation (December 15, 2008)
- 73 FR 79485 (December 29, 2008)
- Mortgage Servicers Agree to Pay $28 Million to Settle FTC Charges, Including Failure to Report Consumer Disputes to Credit Bureaus as Required by the FCRA (September 9, 2008)
- Mortgage Lender Will Pay $50,000 Civil Penalty for Violating FCRA Disposal Rule (December 18, 2007)
- Two Providers of Consumers’ Medical Profiles Agree to Comply with Fair Credit Reporting Act (September 17, 2007)
- ChoicePoint Settles Data Security Breach Charges; to Pay $10 Million in Civil Penalties, $5 Million for Consumer Redress (January 26, 2006)
Red Flags Rule Guidance
Rule and Enforcement:
- Agencies Issue Final Rules on Identity Theft Red Flags and Notices of Address Discrepancy (October 31, 2007)
- Federal Trade Commission issues an Enforcement Policy statement that delays enforcement of the Red Flags rule until May 1, 2009 (October 22, 2008)
- Bureau of Consumer Protection Issues Letter Concerning Applicability of the “Red Flags” Rule to Health Care Providers (February 4, 2009)
Guidance:
- Bureau of Consumer Protection Publishes “Fighting Fraud with the Red Flags Rule: A How-To Guide for Business” (March 20, 2009)
Articles:
- Article: New ‘Red Flag’ Requirements for Financial Institutions and Creditors Will Help Fight Identity Theft (June 2008)
- Article: The “Red Flags” Rule: Are You Complying with New Requirements for Fighting Identity Theft? (September 2008)
- Article: The “Red Flags” Rule: What Health Care Providers Need to Know About Complying with New Requirements for Fighting Identity Theft (September 2008)
- Article: “Red Flags” Rule: What Telecom Companies Need to Know About Complying with New Requirements for Fighting Identity Theft (January 2009)
- Article: The “Red Flags” Rule: What Utility Companies Need to Know About Complying with New Requirements for Fighting Identity Theft (January 2009)
"FACT Act" Actions
- FTC Reports to Congress on Credit Report Complaint Referral Program Required by FACT Act (December 30, 2008)
- FTC Submits Third Interim Report to Congress on "Accuracy" Study (December 23, 2008)
- Commission and Federal Reserve Board Issue Proposed Rules on Risk-Based Pricing Notices (May 8, 2008)
- 73 FR 28966 (05/19/08)
- Public comments
- FTC Announces Second Comment Period on Survey of Information Sharing Among Affiliates (December 10, 2007)
- 72 FR 69729 (12/10/07)
- 71 FR 51888 (08/31/06)
- Public comments
- FTC and Bank Agencies Publish Proposed “Furnisher” Rules Required by FACT Act (November 29, 2007)
- 72 FR 70944 (12/13/07)
- Public Comments (NPR)
- 71 FR 14419 (03/22/06)
- Public Comments (ANPR)
- FTC and Bank Agencies Issue Final Identity Theft “Red Flags” Rules (October 31, 2007)
- 72 FR 63718 (11/09/07)
- 71 FR 40786 (07/18/06)
- Public Comments
- FTC Staff Letter (February 4, 2009)
- FTC Issues Final Rule On Limiting Marketing Solicitations From Affiliates (October 23, 2007)
- 72 FR 61424 (10/30/07)
- 69 FR 33324 (06/15/04)
- 69 FR 43546 (07/21/04)
- Public Comments
- FTC/FRB Issue Joint Report on FCRA’s Consumer Dispute Provisions Required by FACT Act (August 9, 2006)
- FTC Publishes Model Forms and Procedures for Identity Theft Victims (April 22, 2005)
- 70 FR 21792 (04/27/05)
- FTC Prescreen Opt-out Notice Rule Takes Effect August 1 (July 27, 2005)
- 69 FR 58861 (10/01/04)
- 70 FR 5022 (01/31/05)
- Public Comments
- FTC Reports to Congress on Studies Required by FACT Act (December 9, 2004)
- FTC Orders Nine Homeowner Insurers to Submit Information to Aid "Credit & Insurance Score" Study (December 23, 2008)
- FTC Submits Second Interim Report to Congress on "Accuracy" Study (December 5, 2006)
- FTC Requests Comments to Aid "Same Credit Report" Study (06/15/04; 69 FR 33387)
- FTC Announces Roundtable to Aid "Accuracy" Study (06/10/04; 69 FR 32549)
- FTC Requests Comments to Aid Follow-up Pilot Study (71 FR 61776; 10/19/06)
- FTC Announces Pilot Study and Requests Comments to Aid "Accuracy" Study (10/20/04; 69 FR 61675)
- FTC Requests Additional Comments to Aid "Accuracy" Study (05/10/05; 70 FR 24583)
- FTC Requests Comments on Agency Information Collection Activities (69 FR 34166; 06/18/04)
- FTC Requests Comments to Aid "Credit & Insurance Score" Study (69 FR 34167; 06/18/04)
- FTC Requests Additional Comments to Aid "Credit & Insurance Score" Study (70 FR 9652; 02/28/05)
- FTC Issues Final Summaries And Notices Under FACTA (November 19, 2004)
- 69 FR 42616 (07/16/04)
- 69 FR 69776 (11/30/04)
- Public Comments
- FTC Rule on Consumer Information and Records Disposal Takes Effect (June 1, 2005)
- 69 FR 21388 (04/20/04)
- 69 FR 41219 (07/08/04)
- 69 FR 68690 (11/24/04)
- Public Comments
- FTC Seeks Comments on Proposed Fee for Credit Scores (November 3, 2004)
- 69 FR 64698 (11/08/04)
- Public Comments
- FTC Issues Final Rules on Identity Theft Definitions, Active Duty Alert Duration, and Appropriate Proof of Identity
- 69 FR 63922 (11/03/04)
- 69 FR 23369 (04/28/04)
- Public Comments
- FTC Publishes "Free Credit Report" Rule (June 4, 2004)
- 69 FR 13192 (03/19/04)
- 69 FR 35468 (6/24/04)
- Public Comments
- FTC Comments to Federal Banking and Credit Union Agencies in "Medical Information" Rulemaking (May 28, 2004)
- FTC Revises FACT Act Rules (May 20, 2004)
- 69 FR 29061 (05/20/04)
- 69 FR 29061 (05/20/04)
- FTC Announces New Complaint-referral Program (April 23, 2004)
- FTC Publishes Rule Prohibiting Circumvention of "Free Credit Report" Rule (February 18, 2004)
- 69 FR 8532 (02/24/04)
- Public Comments
- FTC and Federal Reserve Board Jointly Announce Effective Dates for FCRA Amendments (February 04, 2004)
- Joint FTC/FRB/FDIC/NCUA/OCC/OTS Staff Letter (11/24/04)
- 69 FR 6526 (02/11/04)
- 68 FR 74467 (12/24/03)
- 68 FR 74529 (12/24/03)
- Joint FTC/FRB Staff Letter (12/23/03)
- Public Comments