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Fed Unveils FCRA Change.(Fair Credit Reporting Act)

Mortgage Servicing News

| May 01, 2004 | COPYRIGHT 2004 SourceMedia, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

The Federal Reserve Board has issued a proposed rule requiring lenders to notify consumers if they furnish "negative information" about the consumers to credit reporting agencies.

And this is just the first of many expected regulatory proposals stemming from legislation that revised credit reporting laws. Under the Fair and Accurate Credit Transaction Act, which amended the existing Fair Credit Reporting Act, creditors must disclose to consumers that they have given information about delinquencies, late payments, insolvency, or any form of default to a credit bureau.

The proposal includes a model form for financial institutions to use if they furnish negative information to credit reporting agencies. The form outlines how that information should be communicated to the affected consumer. The model disclosure is a single sentence in length.

Melanie Brodie, an attorney with Kirkpatrick & Lockhart, said that use of the board's model would constitute a "safe harbor" for compliance with the FACT Act's notice obligation. However, use of the model form is not mandatory.

Ms. Brodie said the current Fed ...

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Source: HighBeam Research, Fed Unveils FCRA Change.(Fair Credit Reporting Act)

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