16 C.F.R. PART 698—MODEL FORMS AND DISCLOSURES


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Title 16: Commercial Practices

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PART 698—MODEL FORMS AND DISCLOSURES

Section Contents
§ 698.1   Authority and purpose.
§ 698.2   Legal effect.
§ 698.3   Definitions.
Appendix A to Part 698—Model Prescreen Opt-Out Notices
Appendixes B–C to Part 698 [Reserved]
Appendix D to Part 698—Standardized form for requesting annual file disclosures.
Appendix E to Part 698—Summary of Consumer Identity Theft Rights
Appendix F to Part 698—General Summary of Consumer Rights
Appendix G to Part 698—Notice of Furnisher Responsibilities
Appendix H to Part 698—Notice of User Responsibilities


Authority:  15 U.S.C. 1681g and 1681s; Pub. L. 108–159, sections 151, 153, 211(c) and (d), 213, and 311.

Source:  69 FR 35500, June 24, 2004 unless otherwise noted.

§ 698.1   Authority and purpose.
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(a) Authority. This part is issued by the Commission pursuant to the provisions of the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as amended by the Consumer Credit Reporting Reform Act of 1996 (Title II, Subtitle D, Chapter 1, of the Omnibus Consolidated Appropriations Act for Fiscal Year 1997), Public Law 104–208, 110 Stat. 3009–426 (Sept. 30, 1996), and the Fair and Accurate Credit Transactions Act of 2003, Public Law 108–159, 117 Stat. 1952 (Dec. 4, 2003).

(b) Purpose. The purpose of this part is to comply with sections 607(d), 609(c), 609(d), 612(a), and 615(d) of the Fair Credit Reporting Act, as amended by the Fair and Accurate Credit Transactions Act of 2003, and Section 211 of the Fair and Accurate Credit Transactions Act of 2003.

[69 FR 69784, Nov. 30, 2004, as amended at 70 FR 5032, Jan. 31, 2005]

§ 698.2   Legal effect.
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These model forms and disclosures prescribed by the FTC do not constitute a trade regulation rule. The issuance of the model forms and disclosures set forth below carries out the directive in the statute that the FTC prescribe these forms and disclosures. Use or distribution of these model forms and disclosures will constitute compliance with any section or subsection of the FCRA requiring that such forms and disclosures be used by or supplied to any person.

[69 FR 69784, Nov. 30, 2004]

§ 698.3   Definitions.
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As used in this part, unless otherwise provided:

(a) Substantially similar means that all information in the Commission's prescribed model is included in the document that is distributed, and that the document distributed is formatted in a way consistent with the format prescribed by the Commission. The document that is distributed shall not include anything that interferes with, detracts from, or otherwise undermines the information contained in the Commission's prescribed model.

[69 FR 69784, Nov. 30, 2004]

Appendix A to Part 698—Model Prescreen Opt-Out Notices
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In order to comply with part 642 of this title, the following model notices may be used:

(a) English language model notice—(1) Short notice.

View or download PDF

(2) Long notice.

View or download PDF

(b) Spanish language model notice—(1) Short notice.

View or download PDF

(2) Long notice.

View or download PDF

[70 FR 5033, Jan. 31, 2005]

Appendixes B–C to Part 698 [Reserved]
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Appendix D to Part 698—Standardized form for requesting annual file disclosures.
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View or download PDF

View or download PDF

Appendix E to Part 698—Summary of Consumer Identity Theft Rights
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The prescribed form for this summary is a disclosure that is substantially similar to the Commission's model summary with all information clearly and prominently displayed. A summary should accurately reflect changes to those items that may change over time (such as telephone numbers) to remain in compliance. Translations of this summary will be in compliance with the Commission's prescribed model, provided that the translation is accurate and that it is provided in a language used by the recipient consumer.

View or download PDF

View or download PDF

[69 FR 69784, Nov. 30, 2004]

Appendix F to Part 698—General Summary of Consumer Rights
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The prescribed form for this summary is a disclosure that is substantially similar to the Commission's model summary with all information clearly and prominently displayed. The list of federal regulators that is included in the Commission's prescribed summary may be provided separately so long as this is done in a clear and conspicuous way. A summary should accurately reflect changes to those items that may change over time (e.g., dollar amounts, or telephone numbers and addresses of federal agencies) to remain in compliance. Translations of this summary will be in compliance with the Commission's prescribed model, provided that the translation is accurate and that it is provided in a language used by the recipient consumer.

View or download PDF

View or download PDF

[69 FR 69787, Nov. 30, 2004]

Appendix G to Part 698—Notice of Furnisher Responsibilities
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The prescribed form for this disclosure is a separate document that is substantially similar to the Commission's model notice with all information clearly and prominently displayed. Consumer reporting agencies may limit the disclosure to only those items that they know are relevant to the furnisher that will receive the notice.

View or download PDF

View or download PDF

View or download PDF

View or download PDF

[69 FR 69790, Nov. 30, 2004]

Appendix H to Part 698—Notice of User Responsibilities
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The prescribed form for this disclosure is a separate document that is substantially similar to the Commission's notice with all information clearly and prominently displayed. Consumer reporting agencies may limit the disclosure to only those items that they know are relevant to the user that will receive the notice.

View or download PDF

View or download PDF

View or download PDF

View or download PDF

View or download PDF

View or download PDF

View or download PDF

View or download PDF

View or download PDF

[69 FR 69795, Nov. 30, 2004]

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