Rule2022-25751
Fair Credit Reporting Act Disclosures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 25, 2022
Effective
January 1, 2023
Issuing agencies
Consumer Financial Protection Bureau
Abstract
The Consumer Financial Protection Bureau (Bureau) is issuing this final rule amending an appendix for Regulation V, which implements the Fair Credit Reporting Act (FCRA). The Bureau is required to calculate annually the dollar amount of the maximum allowable charge for disclosures by a consumer reporting agency to a consumer pursuant to FCRA section 609; this final rule establishes the maximum allowable charge for the 2023 calendar year.
Full Text
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<title>Federal Register, Volume 87 Issue 226 (Friday, November 25, 2022)</title>
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[Federal Register Volume 87, Number 226 (Friday, November 25, 2022)]
[Rules and Regulations]
[Pages 72364-72365]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25751]
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BUREAU OF CONSUMER FINANCIAL PROTECTION
12 CFR Part 1022
Fair Credit Reporting Act Disclosures
AGENCY: Bureau of Consumer Financial Protection.
ACTION: Final rule; official interpretation.
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SUMMARY: The Consumer Financial Protection Bureau (Bureau) is issuing
this final rule amending an appendix for Regulation V, which implements
the Fair Credit Reporting Act (FCRA). The Bureau is required to
calculate annually the dollar amount of the maximum allowable charge
for disclosures by a consumer reporting agency to a consumer pursuant
to FCRA section 609; this final rule establishes the maximum allowable
charge for the 2023 calendar year.
DATES: This final rule is effective January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Adrien Fernandez, Counsel, Thomas
Dowell, Senior Counsel; Office of Regulations, at (202) 435-7700. If
you require this document in an alternative electronic format, please
contact <a href="/cdn-cgi/l/email-protection#0f4c495f4d504e6c6c6a7c7c666d6663667b764f6c697f6d21686079"><span class="__cf_email__" data-cfemail="e4a7a2b4a6bba587878197978d868d888d909da487829486ca838b92">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Bureau is amending Appendix O to
Regulation V, which implements the FCRA, to establish the maximum
allowable charge for disclosures by a consumer reporting agency to a
consumer for 2023. The maximum allowable charge will be $14.50 for
2023.
I. Background
Under section 609 of the FCRA, a consumer reporting agency must,
upon a consumer's request, disclose to the consumer information in the
consumer's file.\1\ Section 612(a) of the FCRA gives consumers the
right to a free file disclosure upon request once every 12 months from
the nationwide consumer reporting agencies and nationwide specialty
consumer reporting agencies.\2\ Section 612 of the FCRA also gives
consumers the right to a free file disclosure under certain other,
specified circumstances.\3\ Where the consumer is not entitled to a
free file disclosure, section 612(f)(1)(A) of the FCRA provides that a
consumer reporting agency may impose a reasonable charge on a consumer
for making a file disclosure. Section 612(f)(1)(A) of the FCRA provides
that the charge for such a disclosure shall not exceed $8.00 and shall
be indicated to the consumer before making the file disclosure.\4\
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\1\ 15 U.S.C. 1681g.
\2\ 15 U.S.C. 1681j(a).
\3\ 15 U.S.C. 1681j(b)-(d). The maximum allowable charge
announced by the Bureau does not apply to requests made under
section 612(a)-(d) of the FCRA. The charge does apply when a
consumer who orders a file disclosure has already received a free
annual file disclosure and does not otherwise qualify for an
additional free file disclosure.
\4\ 15 U.S.C. 1681j(f)(1)(A).
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Section 612(f)(2) of the FCRA also states that the $8.00 maximum
amount shall increase on January 1 of each year, based proportionally
on changes in the Consumer Price Index, with fractional changes rounded
to the nearest fifty cents.\5\ Such increases are based on the Consumer
Price Index for All Urban Consumers (CPI-U), which is the most general
Consumer Price Index and covers all urban consumers and all items.
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\5\ 15 U.S.C. 1681j(f)(2).
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II. Adjustment
For 2023, the ceiling on allowable charges under section 612(f) of
the FCRA will be $14.50, an increase of one dollar from 2022. The
Bureau is using the $8.00 amount set forth in section 612(f)(1)(A)(i)
of the FCRA as the baseline for its calculation of the increase in the
ceiling on reasonable charges for certain disclosures made under
section 609 of the FCRA. Since the effective date of section 612(a) was
September 30, 1997, the Bureau calculated the proportional increase in
the CPI-U from September 1997 to September 2022. The Bureau then
determined what modification, if any, from the original base of $8.00
should be made effective for 2023, given the requirement that
fractional changes be rounded to the nearest fifty cents.
Between September 1997 and September 2022, the CPI-U increased by
84.124 percent from an index value of 161.2 in September 1997 to a
value of 296.808 in September 2022. An increase of 84.124 percent in
the $8.00 base figure would lead to a figure of $14.73. However,
because the statute directs that the resulting figure be rounded to the
nearest $0.50, the maximum allowable charge is $14.50. The Bureau
therefore determines that the maximum
[[Page 72365]]
allowable charge for the year 2023 will increase to $14.50.
III. Procedural Requirements
A. Administrative Procedure Act
Under the Administrative Procedure Act (APA), notice and
opportunity for public comment are not required if the Bureau finds
that notice and public comment are impracticable, unnecessary, or
contrary to the public interest.\6\ Pursuant to this final rule, in
Regulation V, Appendix O is amended to update the maximum allowable
charge for 2023 under section 612(f). The amendments in this final rule
are technical and non-discretionary, as they merely apply the method
previously established in Regulation V for determining adjustments to
the thresholds. For these reasons, the Bureau has determined that
publishing a notice of proposed rulemaking and providing opportunity
for public comment are unnecessary. The amendments therefore are
adopted in final form.
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\6\ 5 U.S.C. 553(b)(B).
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B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) does not apply to a rulemaking
where a general notice of proposed rulemaking is not required.\7\ As
noted previously, the Bureau has determined that it is unnecessary to
publish a general notice of proposed rulemaking for this final rule.
Accordingly, the RFA's requirement relating to an initial and final
regulatory flexibility analysis do not apply.
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\7\ 5 U.S.C. 603(a), 604(a).
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C. Paperwork Reduction Act
The information collections contained in Regulation V, which
implements the FCRA, are approved by Office of Management and Budget
under Control number 3170-0002. The current approval for this control
number expires on November 30, 2023. In accordance with the Paperwork
Reduction Act of 1995,\8\ the Bureau reviewed this final rule. The
Bureau has determined that this rule does not create any new
information collections or substantially revise any existing
collections.
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\8\ 44 U.S.C. 3506; 5 CFR part 1320.
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D. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Bureau will submit a report containing this 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 taking effect. The Office of Information and Regulatory
Affairs has designated this rule as not a ``major rule'' as defined by
5 U.S.C. 804(2).
IV. Signing Authority
Senior Advisor Brian Shearer, having reviewed and approved this
document, is delegating the authority to sign this document
electronically to Grace Feola, Bureau Federal Register Liaison, for
purposes of publication in the Federal Register.
List of Subjects in 12 CFR Part 1022
Banks, banking, Consumer protection, Credit unions, Holding
companies, National banks, Privacy, Reporting and recordkeeping
requirements, Savings associations.
Authority and Issuance
For the reasons set forth in the preamble, the Bureau amends
Regulation V, 12 CFR part 1022, as set forth below:
PART 1022--FAIR CREDIT REPORTING (REGULATION V)
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1. The authority citation for part 1022 continues to read as follows:
Authority: 12 U.S.C. 5512, 5581; 15 U.S.C. 1681a, 1681b, 1681c,
1681c-1, 1681e, 1681g, 1681i, 1681j, 1681m, 1681s, 1681s-2, 1681s-3,
and 1681t; sec. 214, Public Law 108-159, 117 Stat. 1952.
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2. Appendix O is revised to read as follows:
Appendix O to Part 1022--Reasonable Charges for Certain Disclosures
Section 612(f) of the FCRA, 15 U.S.C. 1681j(f), directs the
Bureau to increase the maximum allowable charge a consumer reporting
agency may impose for making a disclosure to the consumer pursuant
to section 609 of the FCRA, 15 U.S.C. 1681g, on January 1 of each
year, based proportionally on changes in the Consumer Price Index,
with fractional changes rounded to the nearest fifty cents. The
Bureau will publish notice of the maximum allowable charge each year
by amending this appendix. For calendar year 2023, the maximum
allowable charge is $14.50. For historical purposes:
1. For calendar year 2012, the maximum allowable disclosure
charge was $11.50.
2. For calendar year 2013, the maximum allowable disclosure
charge was $11.50.
3. For calendar year 2014, the maximum allowable disclosure
charge was $11.50.
4. For calendar year 2015, the maximum allowable disclosure
charge was $12.00.
5. For calendar year 2016, the maximum allowable disclosure
charge was $12.00.
6. For calendar year 2017, the maximum allowable disclosure
charge was $12.00.
7. For calendar year 2018, the maximum allowable disclosure
charge was $12.00.
8. For calendar year 2019, the maximum allowable disclosure
charge was $12.50.
9. For calendar year 2020, the maximum allowable disclosure
charge was $12.50.
10. For calendar year 2021, the maximum allowable disclosure
charge was $13.00.
11. For calendar year 2022, the maximum allowable disclosure
charge was $13.50.
12. For calendar year 2023, the maximum allowable disclosure
charge is $14.50.
Grace Feola,
Federal Register Liaison, Consumer Financial Protection Bureau.
[FR Doc. 2022-25751 Filed 11-23-22; 8:45 am]
BILLING CODE 4810-AM-P
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