Fair Credit Reporting; File Disclosure

Publisher lists this guidance as withdrawn/rescinded: Fair Credit Reporting; File Disclosure, 89 FR 4167 (Jan. 23, 2024); withdrawn on May 12, 2025 .

4167 Federal Register/ Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
1
85 FR 77987 (Dec. 3, 2020).
2
See 15 U.S.C. 1681–1681x.
3
Safeco Ins. Co. of Am. v. Barr, 551 U.S. 47, 52
(2007); see also 15 U.S.C. 1681 (recognizing ‘‘a need
to insure that consumer reporting agencies exercise
their grave responsibilities with fairness,
impartiality, and a respect for the consumer’s right
to privacy’’); S. Rep. No. 91–517, at 1 (1969) (noting
that purpose of the statute is, in part, to ‘‘prevent
consumers from being unjustly damaged because of
inaccurate or arbitrary information in a credit
report’’ and to ‘‘prevent an undue invasion of the
individual’s right of privacy in the collection and
dissemination of credit information’’).
4
S. Rep. No. 91–517, at 3 (1969) (noting, as an
example of this problem, that ‘‘[i]nsurance reporting
firms generally do not admit to making a report on
an individual and ordinarily will not reveal the
contents of their file to [them]. Credit bureaus
sometimes build roadblocks in the path of the
consumer.’’). When introducing the bill that would
become the FCRA, Senator Proxmire stated that
‘‘[m]any credit reporting agencies refuse to show
consumers their files possibly out of fear of
litigation and partly to protect its information
sources.’’ 115 Cong. Rec. 2412 (1969).
5
See, e.g., Fed. Trade Comm’n, 40 Years of
Experience With the Fair Credit Reporting Act: An
FTC Staff Report With Summary of Interpretations,
at 32 (2011); Cortez v. Trans Union, LLC, 617 F.3d
688, 706 (3rd Cir. 2010); Guimond v. Trans Union
Credit Info. Co., 45 F.3d 1329, 1333 (9th Cir. 1995)
(‘‘[The FCRA] was crafted to protect consumers
from the transmission of inaccurate information
about them, and to establish credit reporting
practices that utilize accurate, relevant, and current
information in a confidential and responsible
manner. These consumer[-]oriented objectives
support a liberal construction of the FCRA’’
(citations omitted).).
6
See 15 U.S.C. 1681g(a). This requirement is
subject to several exceptions. For example,
consumer reporting agencies are not required to
disclose to a consumer any information concerning
credit scores or any other risk scores or predictors
relating to the consumer. See 15 U.S.C.
1681g(a)(1)(B). The Consumer Credit Reporting
Reform Act of 1996 revised FCRA section 609(a) to
require that consumers receive all information in
the file rather than only the ‘‘nature and substance’’
of the information. Public Law 104–208, 110 Stat.
3009 (1996).
7
See 15 U.S.C. 1681a(f) (defining ‘‘consumer
reporting agency’’).
conducted no earlier than November 26,
2029.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
chapter 35), the Order’s information
collection requirements have been
previously approved by OMB and
assigned OMB No. 0581–0178,
Vegetable and Specialty Crops. No
changes to those requirements are
necessary as a result of this rule. Should
any changes become necessary, they
would be submitted to OMB for
approval.
This final rule does not impose any
additional reporting or recordkeeping
requirements on either small or large
raisin handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies. AMS has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
final rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.
gov/rules-regulations/moa/small-
businesses. Any questions about the
compliance guide should be sent to
Richard Lower at the previously
mentioned address in the
FOR FURTHER
INFORMATION CONTACTsection.
After consideration of all relevant
material presented, including the
information and recommendations
submitted by the Committee and other
available information, it is hereby found
that finalizing the interim final rule,
without change, as published in the
Federal Register of October 16, 2023 (88
FR 71273), will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 989
Grapes, Marketing agreements,
Raisins, Reporting and recordkeeping
requirements.
■Accordingly, the interim final rule
amending 7 CFR part 989, which was
published at 88 FR 71273 on October
16, 2023, is adopted as a final rule
without change.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–01252 Filed 1–22–24; 8:45 am]
BILLING CODE 3410–02–P
CONSUMER FINANCIAL PROTECTION
BUREAU
12 CFR Part 1022
Fair Credit Reporting; File Disclosure
AGENCY: Consumer Financial Protection
Bureau.
ACTION: Advisory opinion.
SUMMARY: The Consumer Financial
Protection Bureau (CFPB or Bureau) is
issuing this advisory opinion to address
certain obligations that consumer
reporting agencies have under section
609(a) of the Fair Credit Reporting Act
(FCRA). This advisory opinion
underscores that, to trigger a consumer
reporting agency’s file disclosure
requirement under FCRA section 609(a),
a consumer does not need to use
specific language, such as ‘‘complete
file’’ or ‘‘file.’’ This advisory opinion
also highlights the requirements
regarding the information that must be
disclosed to a consumer under FCRA
section 609(a). In addition, this advisory
opinion affirms that consumer reporting
agencies must disclose to a consumer
both the original source and any
intermediary or vendor source (or
sources) that provide the item of
information to the consumer reporting
agency under FCRA section 609(a).
DATES: This advisory opinion is
effective on January 23, 2024.
FOR FURTHER INFORMATION CONTACT:
Amanda Quester, Alexandra Reimelt, or
Ruth Van Veldhuizen, Senior Counsels,
Office of Regulations at (202) 435–7700
or https://reginquiries.consumerfinance.
gov/. If you require this document in an
alternative electronic format, please
contact CFPB_Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION: The
Bureau is issuing this advisory opinion
through the procedures for its Advisory
Opinions Policy.
1
Refer to those
procedures for more information.
I. Advisory Opinion
A. Background
The FCRA regulates consumer
reporting.
2
Congress enacted the statute
‘‘to ensure fair and accurate credit
reporting, promote efficiency in the
banking system, and protect consumer
privacy.’’
3
One of the problems with the
credit reporting industry that Congress
recognized and sought to remedy with
the FCRA was that a consumer ‘‘is not
always given access to the information
in [their] file.’’
4
In light of its broad
remedial and consumer protection
purposes, courts have recognized that
the FCRA ‘‘must be read in a liberal
manner in order to effectuate the
congressional intent underlying it.’’
5

The FCRA also promotes transparency
of the credit reporting system to
consumers in many ways, including by
generally requiring that consumer
reporting agencies disclose to
consumers all information in their file
upon request. Under section 609(a), a
consumer reporting agency must, upon
request, clearly and accurately disclose
to the consumer ‘‘[a]ll information in
the consumer’s file at the time of the
request’’ and ‘‘[t]he sources of the
information.’’
6
This requirement
applies to all consumer reporting
agencies.
7
Consumers are entitled to free
file disclosures in many circumstances.
For example, each nationwide consumer
reporting agency and nationwide
specialty consumer reporting agency,
including any nationwide tenant
screening or employment background
screening company, must provide at
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4168 Federal Register/ Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
8
See 15 U.S.C. 1681j; 12 CFR 1022.136
(centralized source for requesting annual file
disclosures from nationwide consumer reporting
agencies); 12 CFR 1022.137 (streamlined process for
requesting annual file disclosures from nationwide
specialty consumer reporting agencies); CFPB,
Bulletin 2012–09 (Nov. 29, 2012) (explaining
FCRA’s ‘‘streamlined process’’ requirement for
consumers to obtain free annual reports from
nationwide specialty consumer reporting agencies),
https://www.consumerfinance.gov/compliance/
supervisory-guidance/bulletin-fcra-process-
requirement-consumers/.
9
See 15 U.S.C. 1681j(b)–(d). In other instances,
consumers may be required to pay for a file
disclosure, with the fee capped by regulation. A list
of consumer reporting companies is available at:
https://www.consumerfinance.gov/consumer-tools/
credit-reports-and-scores/consumer-reporting-
companies/companies-list/.
10
See 15 U.S.C. 1681a(g) (defining ‘‘file’’).
11
CFPB, Market Snapshot: Background Screening
Reports: Criminal background checks in
employment 5–6 (Oct. 2019), https://files.consumer
finance.gov/f/documents/201909_cfpb_market-
snapshot-background-screening_report.pdf. See
also Nat’l Consumer Law Ctr., Broken Records: How
Errors by Criminal Background Checking
Companies Harm Workers and Business 10–11
(2012), https://www.nclc.org/images/pdf/pr-reports/
broken-records-report.pdf.
12
See, e.g., Clark v. Trans Union LLC, No.
3:15cv391, 2016 WL 7197391, at *11 (E.D. Va. Dec.
9, 2016) (stating that ‘‘the failure to include
LexisNexis in the report creates a material risk that
LexisNexis could continue to report inaccurate
information to others in the future’’).
13
See 15 U.S.C. 1681a(d) (defining ‘‘consumer
report’’).
14
See 15 U.S.C. 1681i.
15
See, e.g., Gillespie v. Equifax Info. Servs., LLC,
484 F.3d 938, 941 (7th Cir. 2007) (stating that ‘‘a
primary purposes of the statutory scheme provided
by the disclosure in § 1681g(a)(1) is to allow
consumers to identify inaccurate information in
their credit files and correct this information via the
grievance procedure established under § 1681i’’). In
addition, the Bureau has previously emphasized the
importance of consumer reporting agencies using
disputes to assess furnisher data quality. For
example, the Bureau has directed consumer
reporting agencies to revise their accuracy
procedures to identify and take corrective action
regarding data from furnishers whose dispute
response behavior indicates the furnisher is not a
source of reliable, verifiable information about
consumers. See CFPB, Supervisory Highlights: Issue
24, Summer 2021 (June 2021), https://files.
consumerfinance.gov/f/documents/cfpb_
supervisory-highlights_issue-24_2021-06.pdf.
16
The FTC and the CFPB have brought several
enforcement actions to address violations of the
FCRA’s file disclosure requirements. See, e.g., FTC
v. TransUnion Rental Screening Solutions, Inc., No.
1:23–cv–2659 (D. Colo. 2023) (alleging that
defendant violated FCRA section 609(a) by failing
to disclose the sources of information contained in
consumers’ files in response to consumers’
requests); United States v. HireRight Solutions, Inc.,
No. 112–cv–01313 (D.D.C. 2012) (alleging that
defendant violated FCRA section 609(a)(1) by either
failing to provide consumers with information in
their files or failing to do so upon request); United
States v. First Advantage SafeRent, Inc., No. 8:10–
cv–0090–PJM (D. Md. 2010) (alleging that defendant
violated FCRA section 609(a)(1) by rejecting
requests for file disclosure submitted by facsimile
and requiring consumers complete and submit a
written file disclosure request form through the U.S.
mail); In re MIB, Inc. (d/b/a Medical Information
Bureau), 101 F.T.C. 415 (1983) (alleging that
defendant violated FCRA section 609(a) when it
required consumer to sign a release form as a
prerequisite for obtaining their file disclosure).
17
See Leo v. AppFolio, Inc., No. 17–5771 RJB,
2018 WL 623647, at *8 (W.D. Wash. Jan. 30, 2018).
least one free file disclosure annually.
8

Consumers also are entitled to free file
disclosures in certain other
circumstances, such as in connection
with adverse action notices and fraud
alerts.
9

The FCRA defines a consumer’s ‘‘file’’
as ‘‘all of the information on that
consumer that is recorded and retained
by a consumer reporting agency,
regardless of how the information is
stored.’’
10
Consumer reporting agencies
possess files on hundreds of millions of
Americans. These files typically include
information about, among other things,
a consumer’s credit, criminal,
employment, and rental histories.
Consumer reporting agencies may
obtain this information from multiple
sources, including companies that
provide information about their direct
experiences with consumers and third
parties who gather information from
courts and other sources of public
records.
11
Errors by a furnisher or a
third-party source can affect a
consumer’s file at many different
consumer reporting agencies.
12

Consumer reporting agencies use the
information in consumer files to
produce and sell consumer reports,
13

which creditors, insurers, landlords,
employers, and others who have a
permissible purpose use to make
eligibility and other decisions about
consumers. The potential for the vast
quantity of information contained in
consumer files to include errors poses
significant risks to accuracy, fairness,
and consumer privacy in the consumer
reporting system.
Section 609(a)’s file disclosure
requirements are central to the statute’s
accuracy, fairness, and privacy
purposes. Consumers have a right to see
the information consumer reporting
agencies keep about them in their files
at any time. Absent file disclosure
requirements, a consumer may not be
able to review their file, determine
whether it contains any incomplete or
inaccurate information, and, if it does,
file a dispute under FCRA sections 611
and 623, and have the information
corrected or deleted.
14
Disclosure of the
information in a consumer’s file upon
request is a critical component of the
FCRA’s carefully calibrated dispute
provisions.
15
Moreover, file disclosure
also promotes the FCRA’s fairness
purpose by enabling consumers to
identify any negative information in
their files that may be used to make
credit and other eligibility
determinations about them and take
steps to improve their credit profiles.
16

Consumers may suffer significant
harm when they are unable to obtain all
information in their files upon request.
Without access to all information in
their file, a consumer often cannot even
take the initial steps to dispute
inaccurate information in their
consumer reports or take well-informed
action to improve their credit profile.
Disputing inaccurate information on a
consumer report and improving one’s
credit profile, often challenging and
time-consuming processes for
consumers, are made even more
difficult when consumers do not have
access to all of the information in their
file. For example, if a consumer
identifies an error in an item of
information in their file, but the
consumer reporting agency has only
disclosed to the consumer the original
source of the information and not also
the vendor source that directly provided
the information to the consumer
reporting agency and from which the
error arose, the consumer would not be
able to identify the source of the
erroneous information and may not be
able to correct it.
17

The CFPB is issuing this advisory
opinion to highlight certain file
disclosure requirements imposed under
FCRA section 609(a). First, this advisory
opinion underscores that, to trigger a
consumer reporting agency’s file
disclosure requirement under FCRA
section 609(a), a consumer does not
need to use specific language, such as
‘‘complete file’’ or ‘‘file.’’ Next, this
advisory opinion highlights the
requirements regarding the information
that must be disclosed to a consumer
under FCRA section 609(a). Finally, this
advisory opinion affirms that consumer
reporting agencies must disclose to a
consumer both the original source and
any intermediary or vendor source (or
sources) that provide the item of
information to the consumer reporting
agency under FCRA section 609(a).
B. Coverage
This advisory opinion applies to all
‘‘consumer reporting agencies,’’ as that
term is defined in FCRA section 603(f).
C. Legal Analysis
1. Requests Under FCRA Section 609(a)
Section 609(a) of the FCRA provides,
with certain exceptions, that ‘‘[e]very
consumer reporting agency shall, upon
request . . . clearly and accurately
disclose to the consumer, among other
things: (1) All information in the
consumer’s file at the time of the request
. . .; and (2) The sources of the
information.’’ Section 610 in turn
specifies the conditions and form of
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4169 Federal Register/ Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
18
See, e.g., Brief of the Chamber of Commerce of
the United States as Amicus Curiae in Support of
Appellees, Kelly v. RealPage, Inc., No. 21–1672
(Aug. 5, 2021), https://www.chamberlitigation.com/
cases/kelly-v-realpage-inc at 5, 28–29 (arguing that
to trigger the requirements of FCRA section 609(a)
‘‘the request must specifically be for ‘[a]ll
information in the consumer’s file,’ meaning the
complete file’’); Brief of Amici Curiae Consumer
Data Industry Association and Professional
Background Screening Association in Support of
Defendants-Appellees and Affirmance, Kelly v.
RealPage, Inc., No. 21–1672 (Aug. 5, 2021), https://
www.cdiaonline.org/wp-content/uploads/2021/08/
2021-08-05-CDIA-Amicus.pdf at 7, 14–19.
According to these stakeholders, a request for a
‘‘report’’ would not trigger section 609(a)’s
disclosure obligations. These arguments were
recently rejected by the Third Circuit. Kelly v.
RealPage, Inc., 47 F.4th 202, 219–20 (3rd Cir. Aug.
24, 2022) (‘‘Nothing in the statute’s text, context,
purpose, or history indicates that any magic words
are required for a consumer to effect a ‘request’
under § 1681g(a) or that a consumer’s request for
‘my consumer report’ is any less effective at
triggering the [consumer reporting agency]’s
disclosure obligations than a request for ‘my file.’ ’’).
19
Kelly v. RealPage, Inc., 47 F.4th 202, 221 (3rd
Cir. 2022) (‘‘[W]hen read as a whole, the statute is
unambiguous in providing that any generalized
‘request’ by a consumer for the [consumer reporting
agency]’s information about her triggers the CRA’s
disclose obligation under § 1681g(a).’’).
20
15 U.S.C. 1681g(a), 1681h(a)(1).
21
This is consistent with longstanding
interpretations from FTC staff. See, e.g., Fed. Trade
Comm’n, 40 Years of Experience With the Fair
Credit Reporting Act: An FTC Staff Report With
Summary of Interpretations, at 75 & n.248, citing
1990 comment 610–2 (2011).
22
See supra note 5.
23
See supra notes 3, 4.
24
Kelly v. RealPage, Inc., 47 F.4th 202, 221 (3rd
Cir. Aug. 24, 2022); see also Taylor v. Screening
Reports, Inc., 294 FRD. 680, 684 (N.D. Ga. 2013)
(‘‘[A] consumer who requests his ‘report,’ without
limitation, is entitled to his entire consumer file.’’).
25
Presumably Congress appreciated that
‘‘consumer report’’ is an easy-to-understand term
for consumers even if it is somewhat imprecise in
describing what must be disclosed under section
609(a).
26
15 U.S.C. 1681g(c)(1)(B)(i).
27
15 U.S.C. 1681j(a)(1). The implementation of
free file disclosure requirement for nationwide
consumer reporting agencies also makes it clear that
consumers do not need use the term ‘‘file’’ or
‘‘complete file’’ to invoke their rights under FCRA
section 609(a). FCRA section 612(a)(1)(B) requires
the nationwide consumer reporting agencies to
make free annual section 609(a) disclosures via a
‘‘centralized source.’’ The nationwide consumer
reporting agencies do so through the website
annualcreditreport.com, which is the only
authorized website for obtaining such disclosures
and which refers to those disclosures as ‘‘credit
reports.’’ 12 CFR 1022.136.
28
See, e.g., Shaw v. Experian Info. Sols., Inc., 891
F.3d 749, 759 (9th Cir. 2018).
29
15 U.S.C. 1681i(a); 1681s–2.
disclosures to consumers. The Bureau is
aware that some industry stakeholders
have taken the position that consumers
must use specific language in order to
request file disclosures under section
609(a), such as the term ‘‘complete
file.’’
18
As the Third Circuit recently
held, such requirements contravene the
FCRA.
19
The CFPB interprets the FCRA
to require consumer reporting agencies
to provide a file disclosure upon receipt
of a ‘‘request’’ from a consumer who
provides proper identification even if
the consumer does not use the specific
term ‘‘request,’’ ‘‘file,’’ ‘‘complete file,’’
or any other specific words in making
such a request.
To obtain a file disclosure, the FCRA
does not require consumers to use any
specific language. Instead, the statute
requires consumers to do two things:
make a ‘‘request’’ and provide proper
identification.
20
Once these conditions
are satisfied, FCRA section 609(a) states
that a consumer reporting agency
‘‘shall’’ provide the file disclosure. The
statute’s use of ‘‘shall’’ in this context
makes clear that a consumer reporting
agency may not add additional
conditions as a prerequisite to
complying with section 609(a).
21

The statute does not define the term
‘‘request’’ as used in section 609(a). In
construing the term’s meaning, the
Bureau is guided by the statute’s broad
remedial purposes.
22
As noted above, it
is clear that one of Congress’s goals in
the FCRA was to facilitate consumers’
access to their own information and,
through such access, to promote the
accuracy, privacy, and fairness of the
consumer reporting system.
23
These
goals would be thwarted if a consumer’s
right to a file disclosure depended upon
the use of specific words—particularly
since no such requirement appears in
the statute and because consumers are
unlikely to know which words any
particular consumer reporting agency
expects to hear before honoring its file
disclosure obligations. As the Third
Circuit explained, if the FCRA were
read otherwise:
[C]onsumers could only access their files
pursuant to [section 609(a)] if they are
familiar with the esoteric distinction between
‘‘files’’ and ‘‘consumer reports’’ in the
Definitions section of the FCRA. Construing
[section 609(a)] in this way would severely
limit consumers’ ‘‘access to . . . information
in [their] file’’ and frustrate their ability to
know when they are ‘‘being damaged by an
adverse credit report,’’ or to ‘‘correct[]
inaccurate information’’ in their report.
24

Thus, to obtain a file disclosure under
section 609(a), a consumer need not
specifically request ‘‘[a]ll information in
the consumer’s file’’ or request a
‘‘complete file’’ or even use the word
‘‘file.’’ For example, a consumer’s
request to a consumer reporting agency
for a ‘‘report’’ or ‘‘credit report’’ or
‘‘consumer report’’ or ‘‘file’’ or ‘‘record,’’
along with proper identification, trigger
a consumer reporting agency’s
obligation under section 609(a).
The CFPB’s interpretation of section
609(a)—that consumers do not need to
use the words ‘‘file’’ or ‘‘complete file’’
to invoke their right to a file
disclosure—is consistent with the way
Congress itself refers to section 609(a)
requests in parts of the FCRA. Although
section 609(a) requires disclosure of all
information in the consumer’s ‘‘file’’
(with only limited, specified
exceptions), Congress used the term
‘‘consumer report’’ as a short-hand term
for the disclosures required by section
609(a) in some sections that refer to
consumer requests and consumer-facing
materials.
25
For example, FCRA section
609(c)(1)(B)(i) requires that the
Summary of Rights provided to
consumers include a description of ‘‘the
right of the consumer to obtain a copy
of a consumer report under [FCRA
section 609(a)].’’
26
Similarly, FCRA
section 612(a)(1), which requires
nationwide consumer reporting agencies
and nationwide specialty consumer
reporting agencies to ‘‘make all
disclosures pursuant to section [609(a)]’’
available for free annually, later refers to
such file disclosures as ‘‘consumer
reports’’ when it refers to a ‘‘streamlined
process for consumers to request
consumer reports under [FCRA section
612(a)(1)(A)].’’
27

2. Information Required To Be Disclosed
Under FCRA Section 609(a)(1)
Section 609(a) of the FCRA generally
requires consumer reporting agencies to,
upon request, ‘‘clearly and accurately’’
disclose ‘‘all information in the
consumer’s file at the time of the
request.’’ To meet this standard, a file
disclosure must be understandable to
the average consumer.
28
It must assist a
consumer in identifying inaccuracies in
their file, exercising their rights to
dispute any incomplete or inaccurate
information, and knowing when they
are being impacted by adverse
information in their file.
29

Some consumers are experiencing
difficulty in obtaining clear, accurate,
and complete file disclosures,
particularly from background screening
companies. As discussed below, in this
advisory opinion the Bureau is
highlighting that (1) section 609(a)(1) of
the FCRA requires that a consumer
reporting agency clearly and accurately
disclose to a consumer all information
in the consumer’s file at the time of the
request, including, among other things,
all information the consumer reporting
agency provided or might provide to a
user, and (2) when a consumer reporting
agency provides only summarized
information to a user, section 609(a)(1)
of the FCRA requires that the consumer
reporting agency provide the consumer
with the information that formed the
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30
Note that the requirement in FCRA section
609(a)(1) that consumer reporting agencies disclose
‘‘[a]ll information in the consumer’s file at the time
of the request’’ is subject to exceptions. For
example, section 609(a)(1)(B) does not require
consumer reporting agencies to disclose to a
consumer any information concerning credit scores
or any other risk scores or predictors relating to the
consumer. See 15 U.S.C. 1681g(a)(1)(B).
31
See, e.g., 15 U.S.C. 1681g(a)(2) (requiring
disclosure of the sources of the information).
32
15 U.S.C. 1681i(a).
33
115 Cong. Rec. 33408, 33412 (1969). See also
Selvam v. Experian Info. Sols., Inc., 651 F. App’x
29, 33 (2d Cir. 2016) (‘‘The purpose of § 1681g . . .
is to enable consumers to obtain information in
order to dispute any potential inaccuracies in the
file so that inaccurate information is not sent to
third parties.’’).
34
15 U.S.C. 1681i(a).
35
15 U.S.C. 1681g(a). FCRA section 609(a)(2)
requires disclosure of ‘‘[t]he sources of the
information’’ but provides that ‘‘the sources of
information acquired solely for use in preparing an
investigative consumer report and actually used for
no other purpose need not be disclosed: Provided,
That in the event an action is brought under this
title, such sources shall be available to the plaintiff
under appropriate discovery procedures in the
court in which the action is brought.’’ 15 U.S.C.
1681g(a)(2).
36
Courts have found that all sources of the
information must be disclosed to consumers. See,
e.g., Clark v. Trans Union LLC, No. 3:15cv391, 2016
WL 7197391, at *11 (E.D. Va. Dec. 9, 2016) (stating
that ‘‘TransUnion’s argument that it properly
disclosed the ‘ultimate sources’ of information, but
not the supposedly less pertinent LexisNexis
disclosure as to how the data was collected, or by
whom, does not persuade’’); Dennis v. Trans Union,
LLC, 2014 WL 5325231, at *7 (E.D. Pa. Oct. 20,
2014) (stating that ‘‘[a]s the plain language of
Section 1681g(a)(2) does not limit ‘sources’ in any
way, the Court will not impose a limitation on the
number of sources a CRA could have, and therefore
be required to disclose, for a particular piece of
information’’). But see Shimon v. Equifax Info.
Servs. LLC, 994 F.3d 88, 93 (2d Cir. 2021) (granting
summary judgment to consumer reporting agency
because not ‘‘objectively unreasonable’’ to fail to
disclose third-party vendor as the source of
information).
37
Fed. Trade Comm’n, 40 Years of Experience
With the Fair Credit Reporting Act: An FTC Staff
Report With Summary of Interpretations, at 71
(2011). FTC staff published the 40 Years Report, an
updated compilation of past FTC interpretations of
the FCRA, to coincide with the transfer of authority
to the Bureau. Effective July 21, 2011, the Dodd-
Frank Act transferred rulemaking authority related
to most of the FCRA to the Bureau, giving the
Bureau the primary regulatory and interpretive
roles under the FCRA.
38
See supra note 5.
basis of the summarized information
given to the user.
Section 609(a) generally requires a
consumer reporting agency to provide a
consumer with a file disclosure that,
among other things, accurately reflects
the information the consumer reporting
agency provided or might provide to a
user.
30
For example, a consumer
reporting agency must provide a file
disclosure to the consumer that allows
the consumer to see criminal history
information in the format that users see
or will see it, so that the consumer can
check for any inaccuracies and exercise
their rights to dispute any information
that may be inaccurate as presented to
users (such as duplicative listings for a
single case).
Additionally, there are a number of
situations under the FCRA where a
consumer reporting agency must
provide information that is not or would
not be included in a user report when
providing a file disclosure under FCRA
section 609(a).
31
One example of such a
situation is when only summarized
information, such as a credit or risk
score, a tenant screening score, or a
recommendation is provided to users.
The CFPB interprets FCRA section
609(a)(1)’s requirement to disclose to
the consumer ‘‘all information in the
consumer’s file at the time of the
request’’ to include information that
formed the basis of summarized
information that a consumer reporting
agency provided to a user. Providing
only summarized information to users
does not relieve a consumer reporting
agency of its obligations under the plain
language of section 609(a)(1) to provide
to the consumer ‘‘all information in the
consumer’s file at the time of the
request.’’
If a consumer reporting agency
disclosed nothing to a consumer when
it only provided summarized
information to a user, the consumer
would be unaware of the records upon
which the summarized information was
based, undermining the consumer’s
ability to exercise their right to dispute
any incomplete or inaccurate
information contained in their file.
32

This would also be the case if a
consumer reporting agency disclosed to
a consumer the summarized information
it provided to a user without also
disclosing the underlying information in
the file.
The Bureau’s interpretations
regarding information required to be
disclosed under section 609(a)(1) are
consistent with the FCRA’s purposes.
When initially passing the FCRA,
Congress stated that ‘‘under this bill
credit reporting agencies are required to
make full disclosure to the consumer of
all of the information obtained. The
consumer will then be given the
opportunity to correct inaccurate or
misleading data.’’
33
The FCRA provides
consumers the right to dispute any
incomplete or inaccurate information
contained in the consumer’s file.
34
A
consumer’s ability to exercise this right
is damaged if consumer reporting
agencies withhold information that they
are required to disclose under section
609(a)(1), including information that
reveals inaccuracies in reports provided
to users or information that forms the
basis of summarized information (such
as tenant screening scores). Withholding
such information would also damage a
consumer’s ability to know when they
are being impacted by adverse
information in their file.
3. Sources of Information Under FCRA
Section 609(a)(2)
Section 609(a) of the FCRA generally
requires consumer reporting agencies to,
upon request, disclose all information in
the consumer’s file at the time of the
request and the sources of the
information.
35
The CFPB is aware that,
in response to these consumer requests,
some consumer reporting agencies are
not disclosing all sources of an item of
information in the consumer’s file and
instead have disclosed only one source
of the item of information. For example,
some consumer reporting agencies that
acquire public record information (e.g.,
eviction proceeding records) from a
vendor are only disclosing to consumers
the jurisdiction that was the original
source for these records (e.g., the county
court). The Bureau continues to
interpret FCRA section 609(a)(2)’s
requirement to disclose ‘‘the sources of
the information’’ to include both the
original source and any intermediary or
vendor source (or sources) that provide
the item of information from the original
source to the consumer reporting
agency.
The CFPB’s interpretation is based on
the plain language of FCRA section
609(a)(2) itself, which refers to
‘‘sources’’ in the plural. The statute does
not limit this requirement to ‘‘a source’’
or ‘‘the original source’’ of the
information.
36
This interpretation is
also consistent with the FTC’s 40 Years
Report, which states that ‘‘CRAs must
disclose the sources of information in
the consumer’s file, except for sources
of information acquired solely for use in
preparing an investigative consumer
report.’’
37

Additionally, and as described in part
I.C.1, a consumer does not need to use
specific language to trigger a consumer
reporting agency’s obligations under
FCRA section 609(a)(2). As such,
consumers do not need to specifically
request that consumer reporting
agencies identify all the sources of the
information in their file in in order to
be entitled to receive such information.
This interpretation is consistent with
the principle that the FCRA should be
construed in light of its broad remedial
purpose.
38

The Bureau’s interpretation also is
consistent with the FCRA’s purposes.
Congress passed the FCRA in part to
‘‘prevent consumers from being unjustly
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4171 Federal Register/ Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations
39
S. Rep. No. 91–517, at 1 (1969).
40
Courts have recognized the importance of the
disclosure of all sources for consumers to dispute
inaccuracies and prevent the reoccurrence of
inaccuracies. See, e.g., Clark v. Trans Union LLC,
No. 3:15cv391, 2016 WL 7197391, at *11 (E.D. Va.
Dec. 9, 2016) (stating that ‘‘the omission of
LexisNexis as a source deprived Clark of her
congressionally-mandated right to correct the
mistake with LexisNexis, or with anyone else to
whom LexisNexis also may have disclosed the
inaccurate information. Moreover, the failure to
include LexisNexis in the report creates a material
risk that LexisNexis could continue to report
inaccurate information to others in the future.’’);
Leo v. AppFolio, Inc., No. 17–5771 RJB, 2018 WL
623647, at *8 (W.D. Wash. Jan. 30, 2018) (noting
that AppFolio’s failure to properly identify the
vendor who provided the data would make it
harder for the plaintiff to correct the misreporting).
41
See, e.g., Clark v. Trans Union LLC, No.
3:15cv391, 2016 WL 7197391, at *11 (E.D. Va. Dec.
9, 2016); Leo v. AppFolio, Inc., No. 17–5771 RJB,
2018 WL 623647, at *8 (W.D. Wash. Jan. 30, 2018).
42
15 U.S.C. 1681s.
43
15 U.S.C. 1681o (emphasis added).
44
15 U.S.C. 1681n (emphasis added); Safeco Ins.
Co. of Am. v. Burr, 551 U.S. 47, 57–58 (2007)
(construing meaning of ‘‘willful’’).
45
Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47, 70
(2007); Fuges v. Sw. Fin. Servs., Ltd., 707 F.3d 241,
253 (3d Cir. 2012).
46
Pub. L. 111–203, 124 Stat. 1376 (2010).
47
12 U.S.C. 5512(b)(1).
48
44 U.S.C. 3501–3521.
49
5 U.S.C. 801 et seq.
damaged because of inaccurate or
arbitrary information in a credit
report.’’
39
The FCRA achieves this by,
among other things, providing
consumers the right to obtain, upon
request, all information in their file and
the sources of that information and the
right to dispute any incomplete or
inaccurate information. The statutory
right provided by FCRA section
609(a)(2) enables consumers to
understand the true sources of any
incomplete or inaccurate information in
their file and helps them to address
such errors more effectively.
40
For
example, many consumer reporting
agencies, including background
screening companies, obtain public
records information from vendors.
Vendors often provide only distilled
versions of these records that do not
contain all the information housed by
the jurisdiction from which the records
originated and sometimes contain
mistakes or fail to include the most up-
to-date status of the public records. If a
consumer reporting agency discloses to
a consumer only the original
jurisdiction as the source of the
information and does not also disclose
the vendor, or conversely, if the
consumer reporting agency discloses to
a consumer only the vendor and does
not also disclose the original source of
the information, the consumer may not
be able to correct any erroneous public
records information that could be
included in their files at all of the
consumer reporting agencies that
receive data from the vendor.
41

Interpreting FCRA section 609(a)(2) to
allow a consumer reporting agency to
disclose to a consumer only a single
source of the information, and not all
sources of the information, would
undermine the FCRA’s purposes by
limiting consumers’ ability to
understand the sources of the often
highly sensitive information in their file
and to address and prevent further
dissemination of incomplete or
inaccurate data.
In addition to provisions authorizing
Federal and State enforcement,
42
the
FCRA contains two provisions relating
to civil liability to consumers for
noncompliance. Section 617 provides
that ‘‘any person who is negligent in
failing to comply with any requirement
imposed under this title with respect to
any consumer is liable to that consumer
in an amount equal to’’ the consumer’s
actual damages, and costs and
reasonable attorney’s fees.
43
Section 616
provides that ‘‘any person who willfully
fails to comply with any requirement
imposed under this title with respect to
any consumer is liable to that consumer
in an amount equal to’’ actual or
statutory damages of up to $1,000 per
violation, such punitive damages as the
court allows, and costs and reasonable
attorney’s fees.
44
A violation is willful
when it is inconsistent with
‘‘authoritative guidance’’ from a relevant
agency.
45
As with any guidance issued
by the CFPB on the FCRA, or
predecessor agencies that were
responsible for administering the FCRA
prior to the CFPB’s creation, consumer
reporting agencies risk liability under
section 616 if they violate the FCRA in
a manner described in this advisory
opinion, regardless of whether the
consumer reporting agencies were
previously liable for willful violations
prior to its issuance.
II. Regulatory Matters
This advisory opinion is an
interpretive rule issued under the
Bureau’s authority to interpret the
FCRA, including under section
1022(b)(1) of the Consumer Financial
Protection Act of 2010,
46
which
authorizes guidance as may be
necessary or appropriate to enable the
Bureau to administer and carry out the
purposes and objectives of Federal
consumer financial laws.
47

The Bureau has determined that this
advisory opinion does not impose any
new or revise any existing
recordkeeping, reporting, or disclosure
requirements on covered entities or
members of the public that would be
collections of information requiring
approval by the Office of Management
and Budget under the Paperwork
Reduction Act.
48

Pursuant to the Congressional Review
Act,
49
the Bureau will submit a report
containing this interpretive 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’s published effective date. The
Office of Information and Regulatory
Affairs has designated this interpretive
rule as not a ‘‘major rule’’ as defined by
5 U.S.C. 804(2).
Rohit Chopra,
Director, Consumer Financial Protection
Bureau.
[FR Doc. 2024–00786 Filed 1–22–24; 8:45 am]
BILLING CODE 4810–AM–P
CONSUMER FINANCIAL PROTECTION
BUREAU
12 CFR Part 1022
Fair Credit Reporting; Background
Screening
AGENCY: Consumer Financial Protection
Bureau.
ACTION: Advisory opinion.
SUMMARY: The Consumer Financial
Protection Bureau (CFPB or Bureau) is
issuing this advisory opinion to affirm
that, when preparing consumer reports,
a consumer reporting agency that
reports public record information is not
using reasonable procedures to assure
maximum possible accuracy under
section 607(b) of the Fair Credit
Reporting Act (FCRA) if it does not have
certain procedures in place. For
example, it must have procedures that
prevent reporting of information that is
duplicative or that has been expunged,
sealed, or otherwise legally restricted
from public access. This advisory
opinion also highlights certain aspects
of the reporting period for adverse items
under FCRA section 605(a)(5).
DATES: This advisory opinion is
effective on January 23, 2024.
FOR FURTHER INFORMATION CONTACT: Seth
Caffrey, Amanda Quester, or Ruth Van
Veldhuizen, Senior Counsels, Office of
Regulations at (202) 435–7700 or
https://reginquiries. consumer
finance.gov/. If you require this
document in an alternative electronic
format, please contact CFPB_
Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION: The
Bureau is issuing this advisory opinion
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