Final Rule with Model Notices for Providing Negative Information to Consumer Reporting Agencies: Regulation V
June 9, 2004
Circular No. 11608

To All Depository Institutions and Others Concerned in the Second Federal Reserve District:

In a press release, the Federal Reserve Board announced amendments to Regulation V, which implements the Fair Credit Reporting Act (FCRA). These amendments add model notices for financial institutions to use if they furnish negative information to consumer reporting agencies. The amendments also provide guidance to financial institutions regarding the use of the model notices. The Board is publishing the model notices pursuant to the Fair and Accurate Credit Transactions Act (FACT Act) amendments to the FCRA.

The FACT Act provides that if any financial institution:
(1) extends credit and regularly and in the ordinary course of business furnishes information to a nationwide consumer reporting agency; and
(2) furnishes negative information to such an agency regarding credit extended to a customer
the institution must provide a clear and conspicuous notice about furnishing negative information, in writing, to the customer. “Negative information” means information concerning a customer’s delinquencies, late payments, insolvency, or any form of default.

The FACT Act defines the term “financial institution” to have the same meaning as in the privacy provisions of the Gramm-Leach-Bliley Act. The term “financial institution” includes not only institutions regulated by the Board and other federal banking agencies, but also includes other financial entities, such as merchant creditors that extend credit and report negative information. The Board’s model notices can be used by all financial institutions, as defined by the Act.

The amendments are effective July 16, 2004.

Press release OFFSITE
Board’s notice OFFSITE PDF

Maryann Campbell
Supervising Examiner
Legal and Compliance Risk Department