Pursuant to the Fair Credit Reporting Act (pdf), the Federal Trade Commission has promulgated three notices (pdf): (i) A General Summary of Rights; (ii) A Notice to Furnishers of Information to Consumer Reporting Agencies; and (iii) A Notice to Users of Consumer Reports (such as employers). In late August, the FTC proposed revisions to the three current forms.
General Summary of Rights
The proposed revised General Summary of Rights, which needs to be provided by an employer if a pre-adverse action notice is issued, incorporates notice of the individual’s rights to contest the accuracy of information contained in a consumer report not only with the consumer reporting agency but also the entity that furnished the information to the consumer reporting agency. The proposed notice also is more streamlined and unlike the current notice refers to various government websites from which relevant information can be accessed rather than listing all relevant federal agencies responsible for the enforcing the FCRA.
Notice to Furnishers
The proposed Notice to Furnishers incorporates the recently imposed obligations on data furnishers to establish policies and procedures to ensure the accuracy of information provided to consumer reporting agencies, as well as the obligation to address disputes regarding accuracy raised by the subject of the report with the data furnisher.
Notice to Users
The proposed Notice to Users, which is provided by a consumer reporting agency to an employer along with an End User Certification, incorporates additional obligations imposed on users by, among others, the FTC’s Address Discrepancy and Medical Information rules.
The proposed notices are now subject to a public notice and comment period.