FCRA / Users of Info to Make Offers – What are the short notice requirements related to using a consumer report to make an offer of a credit or insurance transaction not initiated by the consumer?

Compliance > FCRA
Q:  What are the short notice requirements related to using a consumer report to make an offer of a credit or insurance transaction not initiated by the consumer?
 
A:   Any person who uses a consumer report on any consumer in connection with any credit or insurance transaction that is not initiated by the consumer, and that is provided to that person under section 604(c)(1)(B) of the FCRA (15 U.S.C. 1681b(c)(1)(B)), shall, with each written solicitation made to the consumer about the transaction, provide the consumer with the following statement, consisting of a short portion and a long portion, which shall be in the same language as the offer of credit or insurance:
 
The short notice shall be a clear and conspicuous, and simple and easy to understand statement as follows:
 
(i) Content. The short notice shall state that the consumer has the right to opt out of receiving prescreened solicitations, and shall provide the toll-free number the consumer can call to exercise that right. The short notice also shall direct the consumer to the existence and location of the long notice, and shall state the heading for the long notice. The short notice shall not contain any other information.
 
(ii) Form. The short notice shall be:
 
(A) In a type size that is larger than the type size of the principal text on the same page, but in no event smaller than 12 point type, or if provided by electronic means, then reasonable steps shall be taken to ensure that the type size is larger than the type size of the principal text on the same page;
 
(B) On the front side of the first page of the principal promotional document in the solicitation, or, if provided electronically, on the same page and in close proximity to the principal marketing message;
 
(C) Located on the page and in a format so that the statement is distinct from other text, such as inside a border; and
 
(D) In a type style that is distinct from the principal type style used on the same page, such as bolded, italicized, underlined, and/or in a color that contrasts with the color of the principal text on the page, if the solicitation is in more than one color.
 
 
This can be found in the CFPB's Regulation V, 1022.54, which you may find here:  https://www.ecfr.gov/cgi-bin/text-idx?SID=a24c19492c9536b81bc9fa4567a901e8&mc=true&node=pt12.8.1022&rgn=div5#sp12.8.1022.f

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