Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4167 

1 85 FR 77987 (Dec. 3, 2020). 

2See 15 U.S.C. 1681–1681x. 

3Safeco Ins. Co. of Am. v. Barr, 551 U.S. 47, 52 

(2007); see also 15 U.S.C. 1681 (recognizing ‘‘a need 

to insure that consumer reporting agencies exercise 

their grave responsibilities with fairness, 

impartiality, and a respect for the consumer’s right 

to privacy’’); S. Rep. No. 91–517, at 1 (1969) (noting 

that purpose of the statute is, in part, to ‘‘prevent 

consumers from being unjustly damaged because of 

inaccurate or arbitrary information in a credit 

report’’ and to ‘‘prevent an undue invasion of the 

individual’s right of privacy in the collection and 

dissemination of credit information’’). 

4S. Rep. No. 91–517, at 3 (1969) (noting, as an 

example of this problem, that ‘‘[i]nsurance reporting 

firms generally do not admit to making a report on 

an individual and ordinarily will not reveal the 

contents of their file to [them]. Credit bureaus 

sometimes build roadblocks in the path of the 

consumer.’’). When introducing the bill that would 

become the FCRA, Senator Proxmire stated that 

‘‘[m]any credit reporting agencies refuse to show 

consumers their files possibly out of fear of 

litigation and partly to protect its information 

sources.’’ 115 Cong. Rec. 2412 (1969). 

5See, e.g., Fed. Trade Comm’n, 40 Years of 

Experience With the Fair Credit Reporting Act: An 

FTC Staff Report With Summary of Interpretations, 

at 32 (2011); Cortez v. Trans Union, LLC, 617 F.3d 

688, 706 (3rd Cir. 2010); Guimond v. Trans Union 

Credit Info. Co., 45 F.3d 1329, 1333 (9th Cir. 1995) 

(‘‘[The FCRA] was crafted to protect consumers 

from the transmission of inaccurate information 

about them, and to establish credit reporting 

practices that utilize accurate, relevant, and current 

information in a confidential and responsible 

manner. These consumer[-]oriented objectives 

support a liberal construction of the FCRA’’ 

(citations omitted).). 

6See 15 U.S.C. 1681g(a). This requirement is 

subject to several exceptions. For example, 

consumer reporting agencies are not required to 

disclose to a consumer any information concerning 

credit scores or any other risk scores or predictors 

relating to the consumer. See 15 U.S.C. 

1681g(a)(1)(B). The Consumer Credit Reporting 

Reform Act of 1996 revised FCRA section 609(a) to 

require that consumers receive all information in 

the file rather than only the ‘‘nature and substance’’ 

of the information. Public Law 104–208, 110 Stat. 

3009 (1996). 

7See 15 U.S.C. 1681a(f) (defining ‘‘consumer 

reporting agency’’). 

conducted no earlier than November 26, 

2029. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes to those requirements are 

necessary as a result of this rule. Should 

any changes become necessary, they 

would be submitted to OMB for 

approval. 

This final rule does not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

raisin handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. AMS has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://www.ams.usda.

gov/rules-regulations/moa/smallbusinesses. Any questions about the 

compliance guide should be sent to 

Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendations 

submitted by the Committee and other 

available information, it is hereby found 

that finalizing the interim final rule, 

without change, as published in the 

Federal Register of October 16, 2023 (88 

FR 71273), will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements. 

■ Accordingly, the interim final rule 

amending 7 CFR part 989, which was 

published at 88 FR 71273 on October 

16, 2023, is adopted as a final rule 

without change. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–01252 Filed 1–22–24; 8:45 am] 

BILLING CODE 3410–02–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Part 1022 

Fair Credit Reporting; File Disclosure 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Advisory opinion. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB or Bureau) is 

issuing this advisory opinion to address 

certain obligations that consumer 

reporting agencies have under section 

609(a) of the Fair Credit Reporting Act 

(FCRA). This advisory opinion 

underscores that, to trigger a consumer 

reporting agency’s file disclosure 

requirement under FCRA section 609(a), 

a consumer does not need to use 

specific language, such as ‘‘complete 

file’’ or ‘‘file.’’ This advisory opinion 

also highlights the requirements 

regarding the information that must be 

disclosed to a consumer under FCRA 

section 609(a). In addition, this advisory 

opinion affirms that consumer reporting 

agencies must disclose to a consumer 

both the original source and any 

intermediary or vendor source (or 

sources) that provide the item of 

information to the consumer reporting 

agency under FCRA section 609(a). 

DATES: This advisory opinion is 

effective on January 23, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Amanda Quester, Alexandra Reimelt, or 

Ruth Van Veldhuizen, Senior Counsels, 

Office of Regulations at (202) 435–7700 

or https://reginquiries.consumerfinance.

gov/. If you require this document in an 

alternative electronic format, please 

contact CFPB_Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau is issuing this advisory opinion 

through the procedures for its Advisory 

Opinions Policy.1 Refer to those 

procedures for more information. 

I. Advisory Opinion 

A. Background 

The FCRA regulates consumer 

reporting.2 Congress enacted the statute 

‘‘to ensure fair and accurate credit 

reporting, promote efficiency in the 

banking system, and protect consumer 

privacy.’’ 3 One of the problems with the 

credit reporting industry that Congress 

recognized and sought to remedy with 

the FCRA was that a consumer ‘‘is not 

always given access to the information 

in [their] file.’’ 4 In light of its broad 

remedial and consumer protection 

purposes, courts have recognized that 

the FCRA ‘‘must be read in a liberal 

manner in order to effectuate the 

congressional intent underlying it.’’ 5

The FCRA also promotes transparency 

of the credit reporting system to 

consumers in many ways, including by 

generally requiring that consumer 

reporting agencies disclose to 

consumers all information in their file 

upon request. Under section 609(a), a 

consumer reporting agency must, upon 

request, clearly and accurately disclose 

to the consumer ‘‘[a]ll information in 

the consumer’s file at the time of the 

request’’ and ‘‘[t]he sources of the 

information.’’ 6 This requirement 

applies to all consumer reporting 

agencies.7 Consumers are entitled to free 

file disclosures in many circumstances. 

For example, each nationwide consumer 

reporting agency and nationwide 

specialty consumer reporting agency, 

including any nationwide tenant 

screening or employment background 

screening company, must provide at 


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4168 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

8See 15 U.S.C. 1681j; 12 CFR 1022.136 

(centralized source for requesting annual file 

disclosures from nationwide consumer reporting 

agencies); 12 CFR 1022.137 (streamlined process for 

requesting annual file disclosures from nationwide 

specialty consumer reporting agencies); CFPB, 

Bulletin 2012–09 (Nov. 29, 2012) (explaining 

FCRA’s ‘‘streamlined process’’ requirement for 

consumers to obtain free annual reports from 

nationwide specialty consumer reporting agencies), 

https://www.consumerfinance.gov/compliance/ 

supervisory-guidance/bulletin-fcra-processrequirement-consumers/. 

9See 15 U.S.C. 1681j(b)–(d). In other instances, 

consumers may be required to pay for a file 

disclosure, with the fee capped by regulation. A list 

of consumer reporting companies is available at: 

https://www.consumerfinance.gov/consumer-tools/ 

credit-reports-and-scores/consumer-reportingcompanies/companies-list/. 

10See 15 U.S.C. 1681a(g) (defining ‘‘file’’). 

11CFPB, Market Snapshot: Background Screening 

Reports: Criminal background checks in 

employment 5–6 (Oct. 2019), https://files.consumer

finance.gov/f/documents/201909_cfpb_marketsnapshot-background-screening_report.pdf. See 

also Nat’l Consumer Law Ctr., Broken Records: How 

Errors by Criminal Background Checking 

Companies Harm Workers and Business 10–11 

(2012), https://www.nclc.org/images/pdf/pr-reports/ 

broken-records-report.pdf. 

12See, e.g., Clark v. Trans Union LLC, No. 

3:15cv391, 2016 WL 7197391, at *11 (E.D. Va. Dec. 

9, 2016) (stating that ‘‘the failure to include 

LexisNexis in the report creates a material risk that 

LexisNexis could continue to report inaccurate 

information to others in the future’’). 

13See 15 U.S.C. 1681a(d) (defining ‘‘consumer 

report’’). 

14See 15 U.S.C. 1681i. 15See, e.g., Gillespie v. Equifax Info. Servs., LLC, 

484 F.3d 938, 941 (7th Cir. 2007) (stating that ‘‘a 

primary purposes of the statutory scheme provided 

by the disclosure in § 1681g(a)(1) is to allow 

consumers to identify inaccurate information in 

their credit files and correct this information via the 

grievance procedure established under § 1681i’’). In 

addition, the Bureau has previously emphasized the 

importance of consumer reporting agencies using 

disputes to assess furnisher data quality. For 

example, the Bureau has directed consumer 

reporting agencies to revise their accuracy 

procedures to identify and take corrective action 

regarding data from furnishers whose dispute 

response behavior indicates the furnisher is not a 

source of reliable, verifiable information about 

consumers. See CFPB, Supervisory Highlights: Issue 

24, Summer 2021 (June 2021), https://files.

consumerfinance.gov/f/documents/cfpb_

supervisory-highlights_issue-24_2021-06.pdf. 

16The FTC and the CFPB have brought several 

enforcement actions to address violations of the 

FCRA’s file disclosure requirements. See, e.g., FTC 

v. TransUnion Rental Screening Solutions, Inc., No. 

1:23–cv–2659 (D. Colo. 2023) (alleging that 

defendant violated FCRA section 609(a) by failing 

to disclose the sources of information contained in 

consumers’ files in response to consumers’ 

requests); United States v. HireRight Solutions, Inc., 

No. 112–cv–01313 (D.D.C. 2012) (alleging that 

defendant violated FCRA section 609(a)(1) by either 

failing to provide consumers with information in 

their files or failing to do so upon request); United 

States v. First Advantage SafeRent, Inc., No. 8:10– 

cv–0090–PJM (D. Md. 2010) (alleging that defendant 

violated FCRA section 609(a)(1) by rejecting 

requests for file disclosure submitted by facsimile 

and requiring consumers complete and submit a 

written file disclosure request form through the U.S. 

mail); In re MIB, Inc. (d/b/a Medical Information 

Bureau), 101 F.T.C. 415 (1983) (alleging that 

defendant violated FCRA section 609(a) when it 

required consumer to sign a release form as a 

prerequisite for obtaining their file disclosure). 

17See Leo v. AppFolio, Inc., No. 17–5771 RJB, 

2018 WL 623647, at *8 (W.D. Wash. Jan. 30, 2018). 

least one free file disclosure annually.8

Consumers also are entitled to free file 

disclosures in certain other 

circumstances, such as in connection 

with adverse action notices and fraud 

alerts.9

The FCRA defines a consumer’s ‘‘file’’ 

as ‘‘all of the information on that 

consumer that is recorded and retained 

by a consumer reporting agency, 

regardless of how the information is 

stored.’’ 10 Consumer reporting agencies 

possess files on hundreds of millions of 

Americans. These files typically include 

information about, among other things, 

a consumer’s credit, criminal, 

employment, and rental histories. 

Consumer reporting agencies may 

obtain this information from multiple 

sources, including companies that 

provide information about their direct 

experiences with consumers and third 

parties who gather information from 

courts and other sources of public 

records.11 Errors by a furnisher or a 

third-party source can affect a 

consumer’s file at many different 

consumer reporting agencies.12

Consumer reporting agencies use the 

information in consumer files to 

produce and sell consumer reports,13

which creditors, insurers, landlords, 

employers, and others who have a 

permissible purpose use to make 

eligibility and other decisions about 

consumers. The potential for the vast 

quantity of information contained in 

consumer files to include errors poses 

significant risks to accuracy, fairness, 

and consumer privacy in the consumer 

reporting system. 

Section 609(a)’s file disclosure 

requirements are central to the statute’s 

accuracy, fairness, and privacy 

purposes. Consumers have a right to see 

the information consumer reporting 

agencies keep about them in their files 

at any time. Absent file disclosure 

requirements, a consumer may not be 

able to review their file, determine 

whether it contains any incomplete or 

inaccurate information, and, if it does, 

file a dispute under FCRA sections 611 

and 623, and have the information 

corrected or deleted.14 Disclosure of the 

information in a consumer’s file upon 

request is a critical component of the 

FCRA’s carefully calibrated dispute 

provisions.15 Moreover, file disclosure 

also promotes the FCRA’s fairness 

purpose by enabling consumers to 

identify any negative information in 

their files that may be used to make 

credit and other eligibility 

determinations about them and take 

steps to improve their credit profiles.16

Consumers may suffer significant 

harm when they are unable to obtain all 

information in their files upon request. 

Without access to all information in 

their file, a consumer often cannot even 

take the initial steps to dispute 

inaccurate information in their 

consumer reports or take well-informed 

action to improve their credit profile. 

Disputing inaccurate information on a 

consumer report and improving one’s 

credit profile, often challenging and 

time-consuming processes for 

consumers, are made even more 

difficult when consumers do not have 

access to all of the information in their 

file. For example, if a consumer 

identifies an error in an item of 

information in their file, but the 

consumer reporting agency has only 

disclosed to the consumer the original 

source of the information and not also 

the vendor source that directly provided 

the information to the consumer 

reporting agency and from which the 

error arose, the consumer would not be 

able to identify the source of the 

erroneous information and may not be 

able to correct it.17

The CFPB is issuing this advisory 

opinion to highlight certain file 

disclosure requirements imposed under 

FCRA section 609(a). First, this advisory 

opinion underscores that, to trigger a 

consumer reporting agency’s file 

disclosure requirement under FCRA 

section 609(a), a consumer does not 

need to use specific language, such as 

‘‘complete file’’ or ‘‘file.’’ Next, this 

advisory opinion highlights the 

requirements regarding the information 

that must be disclosed to a consumer 

under FCRA section 609(a). Finally, this 

advisory opinion affirms that consumer 

reporting agencies must disclose to a 

consumer both the original source and 

any intermediary or vendor source (or 

sources) that provide the item of 

information to the consumer reporting 

agency under FCRA section 609(a). 

B. Coverage 

This advisory opinion applies to all 

‘‘consumer reporting agencies,’’ as that 

term is defined in FCRA section 603(f). 

C. Legal Analysis 

1. Requests Under FCRA Section 609(a) 

Section 609(a) of the FCRA provides, 

with certain exceptions, that ‘‘[e]very 

consumer reporting agency shall, upon 

request . . . clearly and accurately 

disclose to the consumer, among other 

things: (1) All information in the 

consumer’s file at the time of the request 

. . .; and (2) The sources of the 

information.’’ Section 610 in turn 

specifies the conditions and form of 


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Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4169 

18See, e.g., Brief of the Chamber of Commerce of 

the United States as Amicus Curiae in Support of 

Appellees, Kelly v. RealPage, Inc., No. 21–1672 

(Aug. 5, 2021), https://www.chamberlitigation.com/ 

cases/kelly-v-realpage-inc at 5, 28–29 (arguing that 

to trigger the requirements of FCRA section 609(a) 

‘‘the request must specifically be for ‘[a]ll 

information in the consumer’s file,’ meaning the 

complete file’’); Brief of Amici Curiae Consumer 

Data Industry Association and Professional 

Background Screening Association in Support of 

Defendants-Appellees and Affirmance, Kelly v. 

RealPage, Inc., No. 21–1672 (Aug. 5, 2021), https:// 

www.cdiaonline.org/wp-content/uploads/2021/08/ 

2021-08-05-CDIA-Amicus.pdf at 7, 14–19. 

According to these stakeholders, a request for a 

‘‘report’’ would not trigger section 609(a)’s 

disclosure obligations. These arguments were 

recently rejected by the Third Circuit. Kelly v. 

RealPage, Inc., 47 F.4th 202, 219–20 (3rd Cir. Aug. 

24, 2022) (‘‘Nothing in the statute’s text, context, 

purpose, or history indicates that any magic words 

are required for a consumer to effect a ‘request’ 

under § 1681g(a) or that a consumer’s request for 

‘my consumer report’ is any less effective at 

triggering the [consumer reporting agency]’s 

disclosure obligations than a request for ‘my file.’ ’’). 

19Kelly v. RealPage, Inc., 47 F.4th 202, 221 (3rd 

Cir. 2022) (‘‘[W]hen read as a whole, the statute is 

unambiguous in providing that any generalized 

‘request’ by a consumer for the [consumer reporting 

agency]’s information about her triggers the CRA’s 

disclose obligation under § 1681g(a).’’). 

20 15 U.S.C. 1681g(a), 1681h(a)(1). 

21This is consistent with longstanding 

interpretations from FTC staff. See, e.g., Fed. Trade 

Comm’n, 40 Years of Experience With the Fair 

Credit Reporting Act: An FTC Staff Report With 

Summary of Interpretations, at 75 & n.248, citing 

1990 comment 610–2 (2011). 

22See supra note 5. 

23See supra notes 3, 4. 

24Kelly v. RealPage, Inc., 47 F.4th 202, 221 (3rd 

Cir. Aug. 24, 2022); see also Taylor v. Screening 

Reports, Inc., 294 FRD. 680, 684 (N.D. Ga. 2013) 

(‘‘[A] consumer who requests his ‘report,’ without 

limitation, is entitled to his entire consumer file.’’). 

25Presumably Congress appreciated that 

‘‘consumer report’’ is an easy-to-understand term 

for consumers even if it is somewhat imprecise in 

describing what must be disclosed under section 

609(a). 

26 15 U.S.C. 1681g(c)(1)(B)(i). 

27 15 U.S.C. 1681j(a)(1). The implementation of 

free file disclosure requirement for nationwide 

consumer reporting agencies also makes it clear that 

consumers do not need use the term ‘‘file’’ or 

‘‘complete file’’ to invoke their rights under FCRA 

section 609(a). FCRA section 612(a)(1)(B) requires 

the nationwide consumer reporting agencies to 

make free annual section 609(a) disclosures via a 

‘‘centralized source.’’ The nationwide consumer 

reporting agencies do so through the website 

annualcreditreport.com, which is the only 

authorized website for obtaining such disclosures 

and which refers to those disclosures as ‘‘credit 

reports.’’ 12 CFR 1022.136. 

28See, e.g., Shaw v. Experian Info. Sols., Inc., 891 

F.3d 749, 759 (9th Cir. 2018). 

29 15 U.S.C. 1681i(a); 1681s–2. 

disclosures to consumers. The Bureau is 

aware that some industry stakeholders 

have taken the position that consumers 

must use specific language in order to 

request file disclosures under section 

609(a), such as the term ‘‘complete 

file.’’ 18 As the Third Circuit recently 

held, such requirements contravene the 

FCRA.19 The CFPB interprets the FCRA 

to require consumer reporting agencies 

to provide a file disclosure upon receipt 

of a ‘‘request’’ from a consumer who 

provides proper identification even if 

the consumer does not use the specific 

term ‘‘request,’’ ‘‘file,’’ ‘‘complete file,’’ 

or any other specific words in making 

such a request. 

To obtain a file disclosure, the FCRA 

does not require consumers to use any 

specific language. Instead, the statute 

requires consumers to do two things: 

make a ‘‘request’’ and provide proper 

identification.20 Once these conditions 

are satisfied, FCRA section 609(a) states 

that a consumer reporting agency 

‘‘shall’’ provide the file disclosure. The 

statute’s use of ‘‘shall’’ in this context 

makes clear that a consumer reporting 

agency may not add additional 

conditions as a prerequisite to 

complying with section 609(a).21

The statute does not define the term 

‘‘request’’ as used in section 609(a). In 

construing the term’s meaning, the 

Bureau is guided by the statute’s broad 

remedial purposes.22 As noted above, it 

is clear that one of Congress’s goals in 

the FCRA was to facilitate consumers’ 

access to their own information and, 

through such access, to promote the 

accuracy, privacy, and fairness of the 

consumer reporting system.23 These 

goals would be thwarted if a consumer’s 

right to a file disclosure depended upon 

the use of specific words—particularly 

since no such requirement appears in 

the statute and because consumers are 

unlikely to know which words any 

particular consumer reporting agency 

expects to hear before honoring its file 

disclosure obligations. As the Third 

Circuit explained, if the FCRA were 

read otherwise: 

[C]onsumers could only access their files 

pursuant to [section 609(a)] if they are 

familiar with the esoteric distinction between 

‘‘files’’ and ‘‘consumer reports’’ in the 

Definitions section of the FCRA. Construing 

[section 609(a)] in this way would severely 

limit consumers’ ‘‘access to . . . information 

in [their] file’’ and frustrate their ability to 

know when they are ‘‘being damaged by an 

adverse credit report,’’ or to ‘‘correct[] 

inaccurate information’’ in their report.24

Thus, to obtain a file disclosure under 

section 609(a), a consumer need not 

specifically request ‘‘[a]ll information in 

the consumer’s file’’ or request a 

‘‘complete file’’ or even use the word 

‘‘file.’’ For example, a consumer’s 

request to a consumer reporting agency 

for a ‘‘report’’ or ‘‘credit report’’ or 

‘‘consumer report’’ or ‘‘file’’ or ‘‘record,’’ 

along with proper identification, trigger 

a consumer reporting agency’s 

obligation under section 609(a). 

The CFPB’s interpretation of section 

609(a)—that consumers do not need to 

use the words ‘‘file’’ or ‘‘complete file’’ 

to invoke their right to a file 

disclosure—is consistent with the way 

Congress itself refers to section 609(a) 

requests in parts of the FCRA. Although 

section 609(a) requires disclosure of all 

information in the consumer’s ‘‘file’’ 

(with only limited, specified 

exceptions), Congress used the term 

‘‘consumer report’’ as a short-hand term 

for the disclosures required by section 

609(a) in some sections that refer to 

consumer requests and consumer-facing 

materials.25 For example, FCRA section 

609(c)(1)(B)(i) requires that the 

Summary of Rights provided to 

consumers include a description of ‘‘the 

right of the consumer to obtain a copy 

of a consumer report under [FCRA 

section 609(a)].’’ 26 Similarly, FCRA 

section 612(a)(1), which requires 

nationwide consumer reporting agencies 

and nationwide specialty consumer 

reporting agencies to ‘‘make all 

disclosures pursuant to section [609(a)]’’ 

available for free annually, later refers to 

such file disclosures as ‘‘consumer 

reports’’ when it refers to a ‘‘streamlined 

process for consumers to request 

consumer reports under [FCRA section 

612(a)(1)(A)].’’ 27

2. Information Required To Be Disclosed 

Under FCRA Section 609(a)(1) 

Section 609(a) of the FCRA generally 

requires consumer reporting agencies to, 

upon request, ‘‘clearly and accurately’’ 

disclose ‘‘all information in the 

consumer’s file at the time of the 

request.’’ To meet this standard, a file 

disclosure must be understandable to 

the average consumer.28 It must assist a 

consumer in identifying inaccuracies in 

their file, exercising their rights to 

dispute any incomplete or inaccurate 

information, and knowing when they 

are being impacted by adverse 

information in their file.29

Some consumers are experiencing 

difficulty in obtaining clear, accurate, 

and complete file disclosures, 

particularly from background screening 

companies. As discussed below, in this 

advisory opinion the Bureau is 

highlighting that (1) section 609(a)(1) of 

the FCRA requires that a consumer 

reporting agency clearly and accurately 

disclose to a consumer all information 

in the consumer’s file at the time of the 

request, including, among other things, 

all information the consumer reporting 

agency provided or might provide to a 

user, and (2) when a consumer reporting 

agency provides only summarized 

information to a user, section 609(a)(1) 

of the FCRA requires that the consumer 

reporting agency provide the consumer 

with the information that formed the 


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4170 Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 

30Note that the requirement in FCRA section 

609(a)(1) that consumer reporting agencies disclose 

‘‘[a]ll information in the consumer’s file at the time 

of the request’’ is subject to exceptions. For 

example, section 609(a)(1)(B) does not require 

consumer reporting agencies to disclose to a 

consumer any information concerning credit scores 

or any other risk scores or predictors relating to the 

consumer. See 15 U.S.C. 1681g(a)(1)(B). 

31See, e.g., 15 U.S.C. 1681g(a)(2) (requiring 

disclosure of the sources of the information). 

32 15 U.S.C. 1681i(a). 

33 115 Cong. Rec. 33408, 33412 (1969). See also 

Selvam v. Experian Info. Sols., Inc., 651 F. App’x 

29, 33 (2d Cir. 2016) (‘‘The purpose of § 1681g . . . 

is to enable consumers to obtain information in 

order to dispute any potential inaccuracies in the 

file so that inaccurate information is not sent to 

third parties.’’). 

34 15 U.S.C. 1681i(a). 

35 15 U.S.C. 1681g(a). FCRA section 609(a)(2) 

requires disclosure of ‘‘[t]he sources of the 

information’’ but provides that ‘‘the sources of 

information acquired solely for use in preparing an 

investigative consumer report and actually used for 

no other purpose need not be disclosed: Provided, 

That in the event an action is brought under this 

title, such sources shall be available to the plaintiff 

under appropriate discovery procedures in the 

court in which the action is brought.’’ 15 U.S.C. 

1681g(a)(2). 

36Courts have found that all sources of the 

information must be disclosed to consumers. See, 

e.g., Clark v. Trans Union LLC, No. 3:15cv391, 2016 

WL 7197391, at *11 (E.D. Va. Dec. 9, 2016) (stating 

that ‘‘TransUnion’s argument that it properly 

disclosed the ‘ultimate sources’ of information, but 

not the supposedly less pertinent LexisNexis 

disclosure as to how the data was collected, or by 

whom, does not persuade’’); Dennis v. Trans Union, 

LLC, 2014 WL 5325231, at *7 (E.D. Pa. Oct. 20, 

2014) (stating that ‘‘[a]s the plain language of 

Section 1681g(a)(2) does not limit ‘sources’ in any 

way, the Court will not impose a limitation on the 

number of sources a CRA could have, and therefore 

be required to disclose, for a particular piece of 

information’’). But see Shimon v. Equifax Info. 

Servs. LLC, 994 F.3d 88, 93 (2d Cir. 2021) (granting 

summary judgment to consumer reporting agency 

because not ‘‘objectively unreasonable’’ to fail to 

disclose third-party vendor as the source of 

information). 

37Fed. Trade Comm’n, 40 Years of Experience 

With the Fair Credit Reporting Act: An FTC Staff 

Report With Summary of Interpretations, at 71 

(2011). FTC staff published the 40 Years Report, an 

updated compilation of past FTC interpretations of 

the FCRA, to coincide with the transfer of authority 

to the Bureau. Effective July 21, 2011, the DoddFrank Act transferred rulemaking authority related 

to most of the FCRA to the Bureau, giving the 

Bureau the primary regulatory and interpretive 

roles under the FCRA. 

38See supra note 5. 

basis of the summarized information 

given to the user. 

Section 609(a) generally requires a 

consumer reporting agency to provide a 

consumer with a file disclosure that, 

among other things, accurately reflects 

the information the consumer reporting 

agency provided or might provide to a 

user.30 For example, a consumer 

reporting agency must provide a file 

disclosure to the consumer that allows 

the consumer to see criminal history 

information in the format that users see 

or will see it, so that the consumer can 

check for any inaccuracies and exercise 

their rights to dispute any information 

that may be inaccurate as presented to 

users (such as duplicative listings for a 

single case). 

Additionally, there are a number of 

situations under the FCRA where a 

consumer reporting agency must 

provide information that is not or would 

not be included in a user report when 

providing a file disclosure under FCRA 

section 609(a).31 One example of such a 

situation is when only summarized 

information, such as a credit or risk 

score, a tenant screening score, or a 

recommendation is provided to users. 

The CFPB interprets FCRA section 

609(a)(1)’s requirement to disclose to 

the consumer ‘‘all information in the 

consumer’s file at the time of the 

request’’ to include information that 

formed the basis of summarized 

information that a consumer reporting 

agency provided to a user. Providing 

only summarized information to users 

does not relieve a consumer reporting 

agency of its obligations under the plain 

language of section 609(a)(1) to provide 

to the consumer ‘‘all information in the 

consumer’s file at the time of the 

request.’’ 

If a consumer reporting agency 

disclosed nothing to a consumer when 

it only provided summarized 

information to a user, the consumer 

would be unaware of the records upon 

which the summarized information was 

based, undermining the consumer’s 

ability to exercise their right to dispute 

any incomplete or inaccurate 

information contained in their file.32

This would also be the case if a 

consumer reporting agency disclosed to 

a consumer the summarized information 

it provided to a user without also 

disclosing the underlying information in 

the file. 

The Bureau’s interpretations 

regarding information required to be 

disclosed under section 609(a)(1) are 

consistent with the FCRA’s purposes. 

When initially passing the FCRA, 

Congress stated that ‘‘under this bill 

credit reporting agencies are required to 

make full disclosure to the consumer of 

all of the information obtained. The 

consumer will then be given the 

opportunity to correct inaccurate or 

misleading data.’’ 33 The FCRA provides 

consumers the right to dispute any 

incomplete or inaccurate information 

contained in the consumer’s file.34 A 

consumer’s ability to exercise this right 

is damaged if consumer reporting 

agencies withhold information that they 

are required to disclose under section 

609(a)(1), including information that 

reveals inaccuracies in reports provided 

to users or information that forms the 

basis of summarized information (such 

as tenant screening scores). Withholding 

such information would also damage a 

consumer’s ability to know when they 

are being impacted by adverse 

information in their file. 

3. Sources of Information Under FCRA 

Section 609(a)(2) 

Section 609(a) of the FCRA generally 

requires consumer reporting agencies to, 

upon request, disclose all information in 

the consumer’s file at the time of the 

request and the sources of the 

information.35 The CFPB is aware that, 

in response to these consumer requests, 

some consumer reporting agencies are 

not disclosing all sources of an item of 

information in the consumer’s file and 

instead have disclosed only one source 

of the item of information. For example, 

some consumer reporting agencies that 

acquire public record information (e.g., 

eviction proceeding records) from a 

vendor are only disclosing to consumers 

the jurisdiction that was the original 

source for these records (e.g., the county 

court). The Bureau continues to 

interpret FCRA section 609(a)(2)’s 

requirement to disclose ‘‘the sources of 

the information’’ to include both the 

original source and any intermediary or 

vendor source (or sources) that provide 

the item of information from the original 

source to the consumer reporting 

agency. 

The CFPB’s interpretation is based on 

the plain language of FCRA section 

609(a)(2) itself, which refers to 

‘‘sources’’ in the plural. The statute does 

not limit this requirement to ‘‘a source’’ 

or ‘‘the original source’’ of the 

information.36 This interpretation is 

also consistent with the FTC’s 40 Years 

Report, which states that ‘‘CRAs must 

disclose the sources of information in 

the consumer’s file, except for sources 

of information acquired solely for use in 

preparing an investigative consumer 

report.’’ 37

Additionally, and as described in part 

I.C.1, a consumer does not need to use 

specific language to trigger a consumer 

reporting agency’s obligations under 

FCRA section 609(a)(2). As such, 

consumers do not need to specifically 

request that consumer reporting 

agencies identify all the sources of the 

information in their file in in order to 

be entitled to receive such information. 

This interpretation is consistent with 

the principle that the FCRA should be 

construed in light of its broad remedial 

purpose.38

The Bureau’s interpretation also is 

consistent with the FCRA’s purposes. 

Congress passed the FCRA in part to 

‘‘prevent consumers from being unjustly 


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Federal Register / Vol. 89, No. 15 / Tuesday, January 23, 2024 / Rules and Regulations 4171 

39S. Rep. No. 91–517, at 1 (1969). 

40Courts have recognized the importance of the 

disclosure of all sources for consumers to dispute 

inaccuracies and prevent the reoccurrence of 

inaccuracies. See, e.g., Clark v. Trans Union LLC, 

No. 3:15cv391, 2016 WL 7197391, at *11 (E.D. Va. 

Dec. 9, 2016) (stating that ‘‘the omission of 

LexisNexis as a source deprived Clark of her 

congressionally-mandated right to correct the 

mistake with LexisNexis, or with anyone else to 

whom LexisNexis also may have disclosed the 

inaccurate information. Moreover, the failure to 

include LexisNexis in the report creates a material 

risk that LexisNexis could continue to report 

inaccurate information to others in the future.’’); 

Leo v. AppFolio, Inc., No. 17–5771 RJB, 2018 WL 

623647, at *8 (W.D. Wash. Jan. 30, 2018) (noting 

that AppFolio’s failure to properly identify the 

vendor who provided the data would make it 

harder for the plaintiff to correct the misreporting). 

41See, e.g., Clark v. Trans Union LLC, No. 

3:15cv391, 2016 WL 7197391, at *11 (E.D. Va. Dec. 

9, 2016); Leo v. AppFolio, Inc., No. 17–5771 RJB, 

2018 WL 623647, at *8 (W.D. Wash. Jan. 30, 2018). 

42 15 U.S.C. 1681s. 

43 15 U.S.C. 1681o (emphasis added). 

44 15 U.S.C. 1681n (emphasis added); Safeco Ins. 

Co. of Am. v. Burr, 551 U.S. 47, 57–58 (2007) 

(construing meaning of ‘‘willful’’). 

45Safeco Ins. Co. of Am. v. Burr, 551 U.S. 47, 70 

(2007); Fuges v. Sw. Fin. Servs., Ltd., 707 F.3d 241, 

253 (3d Cir. 2012). 

46Pub. L. 111–203, 124 Stat. 1376 (2010). 

47 12 U.S.C. 5512(b)(1). 

48 44 U.S.C. 3501–3521. 

49 5 U.S.C. 801 et seq. 

damaged because of inaccurate or 

arbitrary information in a credit 

report.’’ 39 The FCRA achieves this by, 

among other things, providing 

consumers the right to obtain, upon 

request, all information in their file and 

the sources of that information and the 

right to dispute any incomplete or 

inaccurate information. The statutory 

right provided by FCRA section 

609(a)(2) enables consumers to 

understand the true sources of any 

incomplete or inaccurate information in 

their file and helps them to address 

such errors more effectively.40 For 

example, many consumer reporting 

agencies, including background 

screening companies, obtain public 

records information from vendors. 

Vendors often provide only distilled 

versions of these records that do not 

contain all the information housed by 

the jurisdiction from which the records 

originated and sometimes contain 

mistakes or fail to include the most upto-date status of the public records. If a 

consumer reporting agency discloses to 

a consumer only the original 

jurisdiction as the source of the 

information and does not also disclose 

the vendor, or conversely, if the 

consumer reporting agency discloses to 

a consumer only the vendor and does 

not also disclose the original source of 

the information, the consumer may not 

be able to correct any erroneous public 

records information that could be 

included in their files at all of the 

consumer reporting agencies that 

receive data from the vendor.41

Interpreting FCRA section 609(a)(2) to 

allow a consumer reporting agency to 

disclose to a consumer only a single 

source of the information, and not all 

sources of the information, would 

undermine the FCRA’s purposes by 

limiting consumers’ ability to 

understand the sources of the often 

highly sensitive information in their file 

and to address and prevent further 

dissemination of incomplete or 

inaccurate data. 

In addition to provisions authorizing 

Federal and State enforcement,42 the 

FCRA contains two provisions relating 

to civil liability to consumers for 

noncompliance. Section 617 provides 

that ‘‘any person who is negligent in 

failing to comply with any requirement 

imposed under this title with respect to 

any consumer is liable to that consumer 

in an amount equal to’’ the consumer’s 

actual damages, and costs and 

reasonable attorney’s fees.43 Section 616 

provides that ‘‘any person who willfully 

fails to comply with any requirement 

imposed under this title with respect to 

any consumer is liable to that consumer 

in an amount equal to’’ actual or 

statutory damages of up to $1,000 per 

violation, such punitive damages as the 

court allows, and costs and reasonable 

attorney’s fees.44 A violation is willful 

when it is inconsistent with 

‘‘authoritative guidance’’ from a relevant 

agency.45 As with any guidance issued 

by the CFPB on the FCRA, or 

predecessor agencies that were 

responsible for administering the FCRA 

prior to the CFPB’s creation, consumer 

reporting agencies risk liability under 

section 616 if they violate the FCRA in 

a manner described in this advisory 

opinion, regardless of whether the 

consumer reporting agencies were 

previously liable for willful violations 

prior to its issuance. 

II. Regulatory Matters 

This advisory opinion is an 

interpretive rule issued under the 

Bureau’s authority to interpret the 

FCRA, including under section 

1022(b)(1) of the Consumer Financial 

Protection Act of 2010,46 which 

authorizes guidance as may be 

necessary or appropriate to enable the 

Bureau to administer and carry out the 

purposes and objectives of Federal 

consumer financial laws.47

The Bureau has determined that this 

advisory opinion does not impose any 

new or revise any existing 

recordkeeping, reporting, or disclosure 

requirements on covered entities or 

members of the public that would be 

collections of information requiring 

approval by the Office of Management 

and Budget under the Paperwork 

Reduction Act.48

Pursuant to the Congressional Review 

Act,49 the Bureau will submit a report 

containing this interpretive 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’s published effective date. The 

Office of Information and Regulatory 

Affairs has designated this interpretive 

rule as not a ‘‘major rule’’ as defined by 

5 U.S.C. 804(2). 

Rohit Chopra, 

Director, Consumer Financial Protection 

Bureau. 

[FR Doc. 2024–00786 Filed 1–22–24; 8:45 am] 

BILLING CODE 4810–AM–P 

CONSUMER FINANCIAL PROTECTION 

BUREAU 

12 CFR Part 1022 

Fair Credit Reporting; Background 

Screening 

AGENCY: Consumer Financial Protection 

Bureau. 

ACTION: Advisory opinion. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB or Bureau) is 

issuing this advisory opinion to affirm 

that, when preparing consumer reports, 

a consumer reporting agency that 

reports public record information is not 

using reasonable procedures to assure 

maximum possible accuracy under 

section 607(b) of the Fair Credit 

Reporting Act (FCRA) if it does not have 

certain procedures in place. For 

example, it must have procedures that 

prevent reporting of information that is 

duplicative or that has been expunged, 

sealed, or otherwise legally restricted 

from public access. This advisory 

opinion also highlights certain aspects 

of the reporting period for adverse items 

under FCRA section 605(a)(5). 

DATES: This advisory opinion is 

effective on January 23, 2024. 

FOR FURTHER INFORMATION CONTACT: Seth 

Caffrey, Amanda Quester, or Ruth Van 

Veldhuizen, Senior Counsels, Office of 

Regulations at (202) 435–7700 or 

https://reginquiries. consumer

finance.gov/. If you require this 

document in an alternative electronic 

format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau is issuing this advisory opinion 


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