FTC Approves Changes to FCRA Rules; Clarifies Application to Motor Vehicle Dealers | Sheppard Mullin Richter & Hampton LLP

FTC Approves Changes to FCRA Rules; Clarifies Application to Motor Vehicle Dealers | Sheppard Mullin Richter & Hampton LLP

On September 8, the FTC authorized last revisions that will deliver a number of guidelines implementing elements of the Fair Credit Reporting Act (FCRA) in step with the Dodd-Frank Act, which transferred rulemaking authority associated to elements of the FCRA to the CFPB, and thereby narrowed the FTC’s FCRA rulemaking authority for these guidelines.  As such, the FTC authorized adjustments that make clear that in some circumstances these FCRA guidelines enforced by the FTC apply solely to motorcar sellers, which have been particularly excluded from the scope of Dodd-Frank’s necessities.  The FTC beforehand sought touch upon the proposed rule adjustments final yr.

The adjustments have an effect on the next guidelines:

Address Discrepancy Rule. The rule outlines the obligations of customers of shopper studies after they obtain a discover of deal with discrepancy from a nationwide shopper reporting company (CRA);
Affiliate Marketing Rule. This rule gives customers the appropriate to prohibit an individual from utilizing sure data obtained from an affiliate to make solicitations to the buyer;
Furnisher Rule. Under this rule entities that furnish data to CRAs are required to set up and implement cheap written insurance policies and procedures concerning the accuracy and integrity of the buyer data supplied to a CRA;
Pre-screen Opt-Out Notice Rule. This rule outlines necessities for individuals who use shopper report data to make unsolicited credit score or insurance coverage presents to customers; and
Risk-Based Pricing Rule. Under this rule those that use data from a shopper report to provide much less favorable phrases to customers are required to present them with a discover about the usage of such information.

Putting It Into Practice:  These adjustments are largely technical in nature, and don’t substantively change the applicability of the FCRA to monetary companies corporations typically.  Rather, the adjustments serve to make clear that in some circumstances these 5 longstanding FCRA guidelines as promulgated by the FTC now extra narrowly apply completely to motorcar sellers in mild of Dodd-Frank’s particular exclusion of motorcar sellers from the scope of Dodd-Frank’s necessities.  Other monetary companies corporations should nonetheless comply however are topic to the CFPB’s guidelines on these matters, that are considerably comparable to the FTC’s.   In addition to complying with obligations beneath federal shopper safety legal guidelines, motorcar sellers even have many obligations beneath state shopper credit score legal guidelines.


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