We’d like to take this opportunity to remind our clients and friends that the standard FCRA notices that used to refer to the FTC, namely, the Summary of Consumer Rights, the Notice of Furnisher Responsibilities, and the Notice to Users of Consumer Reports of Their Obligations Under the FCRA, all need to be revised to reflect the enhanced role of the CFPB under the FCRA. Those new notices must be in place by January 1, 2013. All entities subject to CFPB examination should pay particular attention to these changes. CFPB examinations of consumer reporting agencies will certainly include a review of all of these notices. Given that CFPB examinations routinely cover the provisions of the FCRA that govern the use of credit reports in employment, there is no question that in all other cases CFPB examiners will be reviewing the Summary of Consumer Rights carefully to confirm that the appropriate changes have been made. For more on the new requirements, see the alert from our Labor and Employment colleagues.
