Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices 63833 

Board of Governors of the Federal Reserve 

System, October 12, 2012. 

Robert deV. Frierson, 

Secretary of the Board. 

[FR Doc. 2012–25511 Filed 10–16–12; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications will also be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than November 1, 

2012. 

A. Federal Reserve Bank of Chicago 

(Colette A. Fried, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690–1414: 

1. VisionBankshares, Inc., Boone, 

Iowa; to become a bank holding 

company by merging with Ogden 

Bancshares, Inc., Boone, Iowa, and 

thereby indirectly acquire voting shares 

of Ames Community Bank, Ames, Iowa. 

B. Federal Reserve Bank of Kansas 

City (Dennis Denney, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. Freeport Bancshares, Inc., Argonia, 

Kansas; to become a bank holding 

company by acquiring 100 percent of 

the voting shares of Freeport State Bank, 

Harper, Kansas. 

2. Legacy Financial, Inc., Johnson, 

Kansas; to become a bank holding 

company by acquiring 100 percent of 

the outstanding voting shares of First 

National Bank of Syracuse, Syracuse, 

Kansas. 

Board of Governors of the Federal Reserve 

System, October 12, 2012. 

Robert deV. Frierson, 

Secretary of the Board. 

[FR Doc. 2012–25512 Filed 10–16–12; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL TRADE COMMISSION 

[File No. 102 3252] 

Equifax Information Services LLC; 

Analysis of Proposed Consent Order 

To Aid Public Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

draft complaint and the terms of the 

consent order—embodied in the consent 

agreement—that would settle these 

allegations. 

DATES: Comments must be received on 

or before November 9, 2012. 

ADDRESSES: Interested parties may file a 

comment at https://ftcpublic.comment

works.com/ftc/equifaxinfoservices

consent online or on paper, by following 

the instructions in the Request for 

Comment part of the SUPPLEMENTARY

INFORMATION section below. Write 

‘‘Equifax Info Services, File No. 102 

3252’’ on your comment and file your 

comment online at https://ftcpublic.

commentworks.com/ftc/equifaxinfo

servicesconsent, by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail or deliver your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Armstrong (202–326–3250), 

FTC, Bureau of Consumer Protection, 

600 Pennsylvania Avenue NW., 

Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 6(f) of the Federal Trade 

Commission Act, 15 U.S.C. 46(f), and 

FTC Rule 2.34, 16 CFR 2.34, notice is 

hereby given that the above-captioned 

consent agreement containing a consent 

order to cease and desist, having been 

filed with and accepted, subject to final 

approval, by the Commission, has been 

placed on the public record for a period 

of thirty (30) days. The following 

Analysis to Aid Public Comment 

describes the terms of the consent 

agreement, and the allegations in the 

complaint. An electronic copy of the 

full text of the consent agreement 

package can be obtained from the FTC 

Home Page (for October 10, 2012), on 

the World Wide Web, at http:// 

www.ftc.gov/os/actions.shtm. A paper 

copy can be obtained from the FTC 

Public Reference Room, Room 130–H, 

600 Pennsylvania Avenue NW., 

Washington, DC 20580, either in person 

or by calling (202) 326–2222. 

You can file a comment online or on 

paper. For the Commission to consider 

your comment, we must receive it on or 

before November 9, 2012. Write 

‘‘Equifax Info Services, File No. 102 

3252’’ on your comment. Your comment 

B including your name and your state B 

will be placed on the public record of 

this proceeding, including, to the extent 

practicable, on the public Commission 

Web site, at http://www.ftc.gov/os/ 

publiccomments.shtm. As a matter of 

discretion, the Commission tries to 

remove individuals’ home contact 

information from comments before 

placing them on the Commission Web 

site. 

Because your comment will be made 

public, you are solely responsible for 

making sure that your comment does 

not include any sensitive personal 

information, like anyone’s Social 

Security number, date of birth, driver’s 

license number or other state 

identification number or foreign country 

equivalent, passport number, financial 

account number, or credit or debit card 

number. You are also solely responsible 

for making sure that your comment does 

not include any sensitive health 

information, like medical records or 

other individually identifiable health 

information. In addition, do not include 

any ‘‘[t]rade secret or any commercial or 

financial information which * * * is 

privileged or confidential,’’ as discussed 

in Section 6(f) of the FTC Act, 15 U.S.C. 

46(f), and FTC Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). In particular, do not include 

competitively sensitive information 

such as costs, sales statistics, 

inventories, formulas, patterns, devices, 

manufacturing processes, or customer 

names. 

If you want the Commission to give 

your comment confidential treatment, 

you must file it in paper form, with a 

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63834 Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices 

1 In particular, the written request for confidential 

treatment that accompanies the comment must 

include the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. See 

FTC Rule 4.9(c), 16 CFR 4.9(c). 

request for confidential treatment, and 

you have to follow the procedure 

explained in FTC Rule 4.9(c), 16 CFR 

4.9(c).1 Your comment will be kept 

confidential only if the FTC General 

Counsel, in his or her sole discretion, 

grants your request in accordance with 

the law and the public interest. 

Postal mail addressed to the 

Commission is subject to delay due to 

heightened security screening. As a 

result, we encourage you to submit your 

comments online. To make sure that the 

Commission considers your online 

comment, you must file it at https:// 

ftcpublic.commentworks.com/ftc/ 

equifaxinfoservicesconsent by following 

the instructions on the web-based form. 

If this Notice appears at http:// 

www.regulations.gov/#!home, you also 

may file a comment through that Web 

site. 

If you file your comment on paper, 

write ‘‘Equifax Info Services, File No. 

102 3252’’ on your comment and on the 

envelope, and mail or deliver it to the 

following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex D), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. If possible, submit your 

paper comment to the Commission by 

courier or overnight service. 

Visit the Commission Web site at 

http://www.ftc.gov to read this Notice 

and the news release describing it. The 

FTC Act and other laws that the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives on or 

before November 9, 2012. You can find 

more information, including routine 

uses permitted by the Privacy Act, in 

the Commission’s privacy policy, at 

http://www.ftc.gov/ftc/privacy.htm. 

Analysis of Agreement Containing 

Consent Order To Aid Public Comment 

The Federal Trade Commission has 

accepted, subject to final approval, a 

consent agreement from Equifax 

Information Services LLC (‘‘Equifax’’). 

The proposed consent order has been 

placed on the public record for thirty 

(30) days for receipt of comments by 

interested persons. Comments received 

during this period will become part of 

the public record. After thirty (30) days, 

the Commission will again review the 

agreement and the comments received, 

and will decide whether it should 

withdraw from the agreement and take 

appropriate action or make final the 

agreement’s proposed order. 

According to the Commission’s 

proposed complaint Equifax is a 

‘‘consumer reporting agency’’ (‘‘CRA’’) 

that sells ‘‘prescreened lists,’’ which are 

lists of consumers that meet certain preselected criteria such as consumers who 

were, among other things, 30, 60, or 90 

days late on their mortgage payments. 

Such prescreened lists are ‘‘consumer 

reports’’ because information such as 

whether a consumer is 30, 60, or 90 

days late on a mortgage payment bears 

on, among other things, a consumer’s 

credit worthiness and credit standing 

and is used or expected to be used as 

a factor in determining a consumer’s 

eligibility for credit. The only 

permissible purpose under the Fair 

Credit Reporting Act (‘‘FCRA’’) for using 

a prescreened list is to make a ‘‘firm 

offer of credit or insurance.’’ A firm 

offer of credit is one that will be 

honored, subject to limited exceptions, 

if the consumer continues to meet the 

selection criteria. 

First, the Commission’s proposed 

complaint alleges that Equifax violated 

Section 604(c) of the FCRA by 

furnishing consumer reports to persons 

that it did not have reason to believe 

had a permissible purpose to obtain a 

consumer report. The proposed 

complaint alleges that from January 1, 

2008 through early 2010, Equifax sold 

prescreened lists to Direct Lending 

Source, Inc. or its affiliates, Bailey & 

Associates Advertising, Inc. and Virtual 

Lending Source, LLC (collectively 

‘‘Direct Lending’’) which included, 

among other things, consumers’ credit 

scores and whether they were 30, 60, or 

90 days late on their mortgage 

payments. The proposed complaint 

further alleges that in many instances, 

Direct Lending did not have a 

permissible purpose to obtain consumer 

reports under the FCRA but rather, 

Direct Lending used and sold these lists 

for the purpose of marketing products 

and services to consumers in financial 

distress. For example, the complaint 

alleges Direct Lending sold lists to 

marketers for the purpose of targeting 

consumers in financial distress for loan 

modification, debt relief, and 

foreclosure relief services. 

Second, the proposed complaint 

alleges that Equifax violated Section 

607(a) of the FCRA by failing to 

maintain reasonable procedures to limit 

the furnishing of consumer reports to 

the purposes listed under section 604(c) 

of the FCRA, failing to make reasonable 

efforts to verify the identity of each new 

prospective user of consumer report 

information, and failing to make 

reasonable efforts to verify the uses 

certified by each prospective user prior 

to furnishing such user a consumer 

report. According to the proposed 

complaint, Equifax failed to maintain 

reasonable procedures to limit the 

furnishing of the prescreened lists it 

sold to Direct Lending by: (1) Failing to 

investigate promptly or fully on certain 

occasions when it learned that Direct 

Lending was violating Equifax’s internal 

policies relating to prescreening; and (2) 

furnishing prescreened lists to Direct 

Lending although it knew or should 

have known that Direct Lending resold 

the prescreened lists, in multiple 

instances, without identifying the end 

user to Equifax. The complaint alleges 

that, given Direct Lending’s failures, 

Equifax had reason to believe that the 

entities to whom its prescreened lists 

were being sold did not have a 

permissible purpose for obtaining the 

lists. Nonetheless, Equifax continued to 

sell prescreened lists to Direct Lending. 

The proposed complaint further alleges 

that Equifax provided prescreened lists 

to Direct Lending through an online 

portal and also provided access to the 

portal to third parties in connection 

with Direct Lending’s prescreening 

operations, but did not make reasonable 

efforts to verify the identity of these 

entities, and accordingly, could not 

ensure that these entities would only 

use the lists for a permissible purpose. 

Finally, the proposed complaint also 

alleges Equifax violated Section 5(a) of 

the FTC Act by failing to employ 

reasonable and appropriate measures to 

control access to the sensitive consumer 

financial information it maintains and 

sells for prescreening services. The 

complaint alleges that Equifax’s failures 

resulted in prescreened lists being sold 

to a number of entities that were 

ultimately the subject of actions or 

warnings by law enforcement and that 

Equifax’s lack of reasonable procedures 

caused or is likely to cause substantial 

consumer injury that is not reasonably 

avoidable by consumers and is not 

outweighed by benefits to consumers or 

competition. 

The proposed order contains 

provisions designed to prevent Equifax 

from engaging in the future in practices 

similar to those alleged in the 

complaint. 

Part I of the proposed order prohibits 

Equifax from: (1) Furnishing a 

prescreened list to any person which 

Equifax does not have reason to believe 

has a permissible purpose under section 

604(c) of the FCRA; (2) failing to 

maintain reasonable procedures 

designed to limit the furnishing of 

prescreened lists to the purposes listed 

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Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices 63835 

under section 604(c) of the FCRA; and 

(3) furnishing consumer reports 

pursuant to section 604(c) of the FCRA, 

in connection with solicitations for debt 

relief products or services, or mortgage 

assistance relief products or services 

offered by entities that respondent has 

reasonable grounds for believing charge 

advance fees for such services, unless: 

(a) The product or service is the 

refinancing of a dwelling loan; or (b) the 

entity offering the product or service is 

an attorney. 

Part II of the proposed order requires 

Equifax to pay $392,803 in 

disgorgement. 

Part III through VII of the proposed 

order are reporting and compliance 

provisions. Part III requires that Equifax 

retain for a period of five (5) years: (1) 

Files containing the names, addresses, 

telephone numbers, and all 

certifications made by persons seeking 

to obtain prescreened lists from Equifax 

in order to finance the product or 

service provided by a third party, and 

all materials considered by Equifax in 

connection with its verification of the 

identity of those persons and 

verification of the certifications made by 

those persons; (2) copies of all training 

materials and marketing materials that 

relate to Equifax’s prescreening 

activities as alleged in the complaint 

and Equifax’s compliance with the 

provisions of this order; and (3) all 

records necessary to demonstrate full 

compliance with each provision of this 

order, including all submissions to the 

Commission. 

Part IV requires dissemination of the 

order now and in the future to 

principals, officers, directors, and 

managers, and to all current and future 

employees, agents, and representatives 

having responsibilities relating to the 

subject matter of the order. Part V 

ensures notification to the FTC of 

changes in corporate status. Part VI 

mandates that Equifax submit an initial 

compliance report to the FTC and make 

available to the FTC subsequent reports. 

Part VII is a provision ‘‘sunsetting’’ the 

order after twenty (20) years, with 

certain exceptions. 

The purpose of the analysis is to aid 

public comment on the proposed order. 

It is not intended to constitute an 

official interpretation of the proposed 

order or to modify its terms in any way. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–25563 Filed 10–16–12; 8:45 am] 

BILLING CODE 6750–01–P 

GENERAL SERVICES 

ADMINISTRATION 

[Docket 2012–0001; Sequence 13; OMB 

Control NO. 3090–0283] 

Office of the Chief Information Officer; 

Submission for OMB Review; 

Temporary Contractor Information 

Worksheet 

AGENCY: Identity, Credential, and 

Access Management (ICAM) Division, 

Office of Enterprise Solutions (IA), 

Office of the Chief Information Officer 

(OCIO), General Services 

Administration (GSA). 

ACTION: Notice of request for comments 

regarding an extension to an existing 

OMB clearance. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act, the General 

Services Administration will be 

submitting to the Office of Management 

and Budget (OMB) a request to review 

and approve a previously approved 

information collection requirement 

regarding temporary contractor 

information worksheet. A notice was 

published in the Federal Register at 77 

FR 40884, on July 11, 2012. No 

comments were received. 

GSA requires OMB approval for this 

collection to make determinations on 

granting unescorted physical access to 

GSA-controlled facilities. The approval 

is critical for GSA to continue to make 

physical access determinations for 

temporary contractors as a result of the 

American Recovery and Reinvestment 

Act of 2009 (Public Law 111–5). 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary and whether it 

will have practical utility; whether our 

estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected. 

DATES: Submit comments on or before: 

November 16, 2012. 

ADDRESSES: Submit comments 

identified by Information Collection 

3090–0283, Temporary Contractor 

Information Sheet, by any of the 

following methods: 

• Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by searching the 

OMB control number. Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘Information Collection 3090– 

0283, Temporary Contractor Information 

Sheet’’. Follow the instructions 

provided at the ‘‘Submit a Comment’’ 

screen. Please include your name, 

company name (if any), and 

‘‘Information Collection 3090–0283, 

Temporary Contractor Information 

Sheet’’ on your attached document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(MVCB), 1275 First Street NE., 

Washington, DC 20417. ATTN: Hada 

Flowers/IC 3090–0283, Temporary 

Contractor Information Sheet. 

Instructions: Please submit comments 

only and cite Information Collection 

3090–0283, Temporary Contractor 

Information Sheet, in all 

correspondence related to this 

collection. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Phil Ahn, Director, OCIO Identity 

Credential and Access Management 

Division, GSA, telephone (202) 501– 

2447 or via email at phil.ahn@gsa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Purpose 

The U.S. Government conducts 

criminal checks to establish that 

applicants or incumbents working for 

the Government under contract may 

have unescorted access to GSAcontrolled facilities. GSA uses the 

Temporary Contractor Information 

Worksheet and the FBI Form FD–258 

Fingerprint Card to conduct a FBI 

National Criminal Information Check 

(NCIC) for each temporary contractor 

(working on contract for six months or 

less and require physical access only) 

on GSA contracts for American 

Recovery and Reinvestment Act of 2009 

(Pub. L. 111–5) efforts to determine 

whether to grant unescorted access to 

GSA-controlled facilities. GSA will 

continue to make physical access 

determinations for temporary 

contractors due to the American 

Recovery and Reinvestment Act of 2009. 

The Office of Management and Budget 

(OMB) Guidance M–05–24 for 

Homeland Security Presidential 

Directive (HSPD) 12 authorizes Federal 

departments and agencies to ensure that 

temporary contractors have limited/ 

controlled access to facilities and 

information systems. GSA Directive CIO 

P 2181.1 Homeland Security 

Presidential Directive-12 Personal 

Identity Verification and Credentialing 

(available at http://www.gsa.gov/ 

hspd12) states that GSA temporary 

contractors must undergo a minimum of 

a FBI National Criminal Information 

Check (NCIC) to receive unescorted 

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