82_FR_53701 82 FR 53481 - Fair Credit Reporting Act Disclosures

82 FR 53481 - Fair Credit Reporting Act Disclosures

BUREAU OF CONSUMER FINANCIAL PROTECTION

Federal Register Volume 82, Issue 220 (November 16, 2017)

Page Range53481-53482
FR Document2017-24855

The Bureau of Consumer Financial Protection (Bureau) announces that the ceiling on allowable charges under the Fair Credit Reporting Act (FCRA) will remain unchanged at $12.00, effective for 2018. The Bureau is required to increase the $8.00 amount referred to in the FCRA on January 1 of each year, based proportionally on changes in the Consumer Price Index for All Urban Consumers (CPI-U), with fractional changes rounded to the nearest fifty cents. The CPI-U increased 53.11 percent between September 1997, when the FCRA amendments took effect, and September 2017. This increase in the CPI-U, and the requirement that any increase be rounded to the nearest fifty cents, result in a maximum allowable charge of $12.00.

Federal Register, Volume 82 Issue 220 (Thursday, November 16, 2017)
[Federal Register Volume 82, Number 220 (Thursday, November 16, 2017)]
[Notices]
[Pages 53481-53482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24855]


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BUREAU OF CONSUMER FINANCIAL PROTECTION


Fair Credit Reporting Act Disclosures

AGENCY: Bureau of Consumer Financial Protection.

ACTION: Notice regarding charges for certain disclosures under the Fair 
Credit Reporting Act.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Consumer Financial Protection (Bureau) announces 
that the ceiling on allowable charges under the Fair Credit Reporting 
Act (FCRA) will remain unchanged at $12.00, effective for 2018. The 
Bureau is required to increase the $8.00 amount referred to in the FCRA 
on January 1 of each year, based proportionally on changes in the 
Consumer Price Index for All Urban Consumers (CPI-U), with fractional 
changes rounded to the nearest fifty cents. The CPI-U increased 53.11 
percent between September 1997, when the FCRA amendments took effect, 
and September 2017. This increase in the CPI-U, and the requirement 
that any increase be rounded to the nearest fifty cents, result in a 
maximum allowable charge of $12.00.

DATES: Effective January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Monique Chenault, Paralegal 
Specialist, Office of Regulations, Consumer Financial Protection 
Bureau, 1700 G Street NW., Washington, DC 20552, at (202) 435-7700.

SUPPLEMENTARY INFORMATION: Section 612(f)(1)(A) of the Fair Credit 
Reporting Act (FCRA) provides that a consumer reporting agency may 
charge a consumer a reasonable amount for making a disclosure to the 
consumer pursuant to section 609 of the FCRA. Section 612(f)(1)(A) of 
the FCRA provides that, where a consumer reporting agency is permitted 
to impose a reasonable charge on a consumer for making a disclosure to 
the consumer pursuant to section 609 of the FCRA, the charge shall not 
exceed $8.00 and shall be indicated to the consumer before making the 
disclosure. Section 612(f)(2) of the FCRA states that the Bureau shall 
increase the $8.00 maximum amount 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's calculations 
are based on the CPI-U, which is the most general Consumer Price Index 
and covers all urban consumers and all items.
    Section 612(a) of the FCRA gives consumers the right to a free 
disclosure upon request once every 12 months. The maximum allowable 
charge established by this notice does not apply to requests made under 
that provision. The charge does apply when a consumer who orders a file 
disclosure has already received a free annual disclosure and does not 
otherwise qualify for an additional free disclosure.
    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

[[Page 53482]]

1997 to September 2017. The Bureau then determined what modification, 
if any, from the original base of $8.00 should be made effective for 
2018, given the requirement that fractional changes be rounded to the 
nearest fifty cents.
    Between September 1997 and September 2017, the CPI-U increased by 
53.11 percent from an index value of 161.2 in September 1997 to a value 
of 246.8 in September 2017. An increase of 53.11 percent in the $8.00 
base figure would lead to a figure of $12.25. However, because the 
statute directs that the resulting figure be rounded to the nearest 
$0.50, the maximum allowable charge is $12.00. The Bureau therefore 
determines that the maximum allowable charge for the year 2018 will 
remain at $12.00, effective January 1, 2018.

    Dated: November 7, 2017.
Richard Cordray,
Director, Bureau of Consumer Financial Protection.
[FR Doc. 2017-24855 Filed 11-15-17; 8:45 am]
 BILLING CODE 4810-AM-P



                                                                                     Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices                                                                                         53481

                                                    HMS FMP pertaining to non-authorized                                   FMP, including measures to protect sea                                  Permits’’ Web page (http://
                                                    gear types. Aside from the exemption                                   turtles, marine mammals, and seabirds.                                  www.westcoast.fisheries.noaa.gov/
                                                    described above, vessels fishing under                                 For up-to-date information on HMS                                       fisheries/migratory_species/status_
                                                    an EFP would be subject to all other                                   EFPs, please visit NMFS West Coast                                      exempted_permits.html).
                                                    regulations implemented in the HMS                                     Region’s ‘‘Status of Exempted Fishing

                                                                                         TABLE 1—EFP APPLICATIONS RECOMMENDED FOR ISSUANCE BY THE COUNCIL
                                                                                                                                       [Council recommended EFPs]

                                                                                                                                                                                                                                                      Number of
                                                                                             Name                                                                      Date of council recommendation                                                  vessels

                                                    Deep-Set Buoy Gear Applicants:
                                                       Lutoshkin, Aleksandr ...........................................................           September       2017    .........................................................................               1
                                                       Rynkevic, Ramunas ............................................................             September       2017    .........................................................................               1
                                                       Sokolova, Tetyana ...............................................................          September       2017    .........................................................................               1
                                                       Ellis, Ron .............................................................................   September       2017    .........................................................................               1
                                                       Foster, John ........................................................................      September       2017    .........................................................................               1
                                                       Hall, John & Crivello, Frank III 1 ..........................................              September       2017    .........................................................................               2
                                                       Porter, Joshua .....................................................................       September       2017    .........................................................................               1
                                                       Porter, Justin .......................................................................     September       2017    .........................................................................               2
                                                       Rasmussen, Andrew ...........................................................              September       2017    .........................................................................               1
                                                       Sidenko, Alexander .............................................................           September       2017    .........................................................................               1
                                                       Tafoya, Mark .......................................................................       September       2017    .........................................................................               1
                                                    Deep-Set Linked Buoy Gear Applicants:
                                                       Smith, Michael .....................................................................       September 2017 .........................................................................                        2
                                                       Hall, John & Crivello, Frank III ............................................              September 2017 .........................................................................                        2
                                                       1 One    application with both DSBG and DSLBG gear configurations and activities requested.


                                                       NMFS will consider all public                                       ACTION: Notice regarding charges for                                    provides that, where a consumer
                                                    comments submitted in response to this                                 certain disclosures under the Fair Credit                               reporting agency is permitted to impose
                                                    Federal Register Notice prior to                                       Reporting Act.                                                          a reasonable charge on a consumer for
                                                    issuance of any EFP. Additionally,                                                                                                             making a disclosure to the consumer
                                                    NMFS will analyze the effects of issuing                               SUMMARY:    The Bureau of Consumer                                      pursuant to section 609 of the FCRA, the
                                                    EFPs in accordance with the National                                   Financial Protection (Bureau)                                           charge shall not exceed $8.00 and shall
                                                    Environmental Policy Act and NOAA’s                                    announces that the ceiling on allowable                                 be indicated to the consumer before
                                                    Administrative Order 216–6, as well as                                 charges under the Fair Credit Reporting                                 making the disclosure. Section 612(f)(2)
                                                    for compliance with other applicable                                   Act (FCRA) will remain unchanged at                                     of the FCRA states that the Bureau shall
                                                    laws, including Section 7(a)(2) of the                                 $12.00, effective for 2018. The Bureau is                               increase the $8.00 maximum amount on
                                                    Endangered Species Act (16 U.S.C. 1531                                 required to increase the $8.00 amount                                   January 1 of each year, based
                                                                                                                           referred to in the FCRA on January 1 of
                                                    et seq.), which requires the agency to                                                                                                         proportionally on changes in the
                                                                                                                           each year, based proportionally on
                                                    consider whether the proposed action is                                                                                                        Consumer Price Index, with fractional
                                                                                                                           changes in the Consumer Price Index for
                                                    likely to jeopardize the continued                                                                                                             changes rounded to the nearest fifty
                                                                                                                           All Urban Consumers (CPI–U), with
                                                    existence and recovery of any                                                                                                                  cents. The Bureau’s calculations are
                                                                                                                           fractional changes rounded to the
                                                    endangered or threatened species or                                                                                                            based on the CPI–U, which is the most
                                                                                                                           nearest fifty cents. The CPI–U increased
                                                    result in the destruction or adverse                                                                                                           general Consumer Price Index and
                                                                                                                           53.11 percent between September 1997,
                                                    modification of critical habitat.                                                                                                              covers all urban consumers and all
                                                                                                                           when the FCRA amendments took
                                                       Authority: 16 U.S.C. 1801 et seq.                                                                                                           items.
                                                                                                                           effect, and September 2017. This
                                                                                                                                                                                                      Section 612(a) of the FCRA gives
                                                      Dated: November 13, 2017.                                            increase in the CPI–U, and the
                                                                                                                                                                                                   consumers the right to a free disclosure
                                                    Emily H. Menashes,                                                     requirement that any increase be
                                                                                                                                                                                                   upon request once every 12 months. The
                                                    Acting Director, Office of Sustainable                                 rounded to the nearest fifty cents, result
                                                                                                                           in a maximum allowable charge of                                        maximum allowable charge established
                                                    Fisheries, National Marine Fisheries Service.                                                                                                  by this notice does not apply to requests
                                                    [FR Doc. 2017–24882 Filed 11–15–17; 8:45 am]
                                                                                                                           $12.00.
                                                                                                                                                                                                   made under that provision. The charge
                                                    BILLING CODE 3510–22–P                                                 DATES: Effective January 1, 2018.                                       does apply when a consumer who
                                                                                                                           FOR FURTHER INFORMATION CONTACT:                                        orders a file disclosure has already
                                                                                                                           Monique Chenault, Paralegal Specialist,                                 received a free annual disclosure and
                                                                                                                           Office of Regulations, Consumer                                         does not otherwise qualify for an
                                                    BUREAU OF CONSUMER FINANCIAL                                           Financial Protection Bureau, 1700 G                                     additional free disclosure.
                                                    PROTECTION                                                             Street NW., Washington, DC 20552, at                                       The Bureau is using the $8.00 amount
                                                                                                                           (202) 435–7700.
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                                                                                                                   set forth in section 612(f)(1)(A)(i) of the
                                                    Fair Credit Reporting Act Disclosures                                  SUPPLEMENTARY INFORMATION: Section                                      FCRA as the baseline for its calculation
                                                                                                                           612(f)(1)(A) of the Fair Credit Reporting                               of the increase in the ceiling on
                                                    AGENCY:  Bureau of Consumer Financial
                                                                                                                           Act (FCRA) provides that a consumer                                     reasonable charges for certain
                                                    Protection.
                                                                                                                           reporting agency may charge a                                           disclosures made under section 609 of
                                                       1 Public Law 111–203, 124 Stat. 1376 (2010),
                                                                                                                           consumer a reasonable amount for                                        the FCRA. Since the effective date of
                                                    https://www.treasury.gov/about/organizational-
                                                                                                                           making a disclosure to the consumer                                     section 612(a) was September 30, 1997,
                                                    structure/offices/Documents/                                           pursuant to section 609 of the FCRA.                                    the Bureau calculated the proportional
                                                    Dodd%20Frank%20Act.pdf.                                                Section 612(f)(1)(A) of the FCRA                                        increase in the CPI–U from September


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                                                    53482                     Federal Register / Vol. 82, No. 220 / Thursday, November 16, 2017 / Notices

                                                    1997 to September 2017. The Bureau                      I. Background                                         proficiency if they speak a language
                                                    then determined what modification, if                      The Dodd-Frank Wall Street Reform                  other than English at home and speak
                                                    any, from the original base of $8.00                    and Consumer Protection Act 1 (Dodd-                  English less than ‘‘very well.’’ 6 Spanish
                                                    should be made effective for 2018, given                Frank Act) established the Bureau of                  is the most commonly spoken non-
                                                    the requirement that fractional changes                 Consumer Financial Protection. Section                English language at home with
                                                    be rounded to the nearest fifty cents.                  1021 of the Dodd-Frank Act provides                   approximately 40 million speakers.7
                                                                                                            that the purpose of the Bureau is to                  Spanish speakers also constitute the
                                                       Between September 1997 and
                                                                                                            ‘‘implement, and where applicable,                    largest share of the LEP population,
                                                    September 2017, the CPI–U increased by
                                                                                                            enforce Federal consumer financial law                followed by Chinese, Vietnamese,
                                                    53.11 percent from an index value of
                                                                                                            consistently for the purpose of ensuring              Korean, and Tagalog speakers. These
                                                    161.2 in September 1997 to a value of                                                                         five languages are spoken by more than
                                                    246.8 in September 2017. An increase of                 that all consumers have access to
                                                                                                            markets for consumer financial products               78 percent of LEP individuals. Studies
                                                    53.11 percent in the $8.00 base figure                                                                        by federal agencies and other
                                                    would lead to a figure of $12.25.                       and services and that markets for
                                                                                                            consumer financial products and                       stakeholders have highlighted that the
                                                    However, because the statute directs                                                                          receipt of materials in consumers’ native
                                                    that the resulting figure be rounded to                 services are fair, transparent, and
                                                                                                            competitive.’’ 2                                      languages is essential to increasing these
                                                    the nearest $0.50, the maximum                                                                                consumers’ knowledge about financial
                                                                                                               Listening and responding to
                                                    allowable charge is $12.00. The Bureau                                                                        products and services.
                                                                                                            consumers is central to the Bureau’s
                                                    therefore determines that the maximum                   purpose of ensuring that all consumers                   The Federal Deposit Insurance
                                                    allowable charge for the year 2018 will                 have access to consumer financial                     Corporation’s (FDIC) biennial survey on
                                                    remain at $12.00, effective January 1,                  products and services. Since its                      unbanked and underbanked households
                                                    2018.                                                   inception, the Bureau has provided                    consistently shows that households
                                                      Dated: November 7, 2017.                              consumers with numerous ways to                       where Spanish is the only language
                                                                                                            make their voices heard. Consumers                    spoken were unbanked at five times the
                                                    Richard Cordray,
                                                                                                            nationwide have engaged with the                      rate of households where Spanish is not
                                                    Director, Bureau of Consumer Financial                                                                        the only language spoken.8 The most
                                                    Protection.                                             Bureau through public field hearings,
                                                                                                            listening events, roundtables, town                   recent survey found that 31 percent of
                                                    [FR Doc. 2017–24855 Filed 11–15–17; 8:45 am]                                                                  Spanish-speaking households were
                                                                                                            halls, online through the Web site
                                                    BILLING CODE 4810–AM–P
                                                                                                            ConsumerFinance.gov, and through the                  unbanked compared to 6.5 percent of
                                                                                                            Bureau’s Office of Consumer Response.                 other households.9 Nearly a third of
                                                                                                            The Bureau has also sought input from                 Spanish-speaking households in the
                                                    BUREAU OF CONSUMER FINANCIAL                            a range of stakeholders, including                    survey were underbanked,10 compared
                                                    PROTECTION                                              financial educators, community-based                  to a fifth of other households.
                                                                                                            organizations, financial institutions, and            Household members who speak English
                                                    Final Language Access Plan for the                                                                            as a second language, or who cannot
                                                                                                            others about challenges that consumers
                                                    Consumer Financial Protection Bureau                    face, effective approaches to overcoming              read English, are particularly
                                                                                                            those challenges, and what the Bureau                 disadvantaged in their ability to review
                                                    AGENCY:  Bureau of Consumer Financial                                                                         and understand financial documents
                                                                                                            can do to improve the financial
                                                    Protection.                                                                                                   and other important notifications.11 The
                                                                                                            decision-making process of consumers
                                                    ACTION:   Notice of final language access               to help them better navigate the                      CFPB conducted research on the
                                                    plan.                                                   marketplace of financial products and                 financial education needs of
                                                                                                            services to reach their own goals.3 This              immigrants, including those with
                                                                                                            engagement informs the work of the                    limited English proficiency.12 The CFPB
                                                    SUMMARY:   Consistent with Executive                                                                          identified one of the challenges to be
                                                    Order 13166 (Aug. 11, 2000), the                        Bureau.
                                                                                                               This engagement would be                           that many technical terms common to
                                                    Consumer Financial Protection Bureau                                                                          the U.S. financial system either do not
                                                    (Bureau or CFPB) is committed to                        incomplete without efforts to include
                                                                                                            limited English proficiency (LEP)                     have equivalent terms in languages
                                                    providing persons with limited English
                                                                                                            persons. More than 65 million people,
                                                    proficiency (LEP) meaningful access to                                                                          6 See Paul Siegel et al., U.S. Census Bureau,
                                                                                                            or about 21 percent of the U.S.
                                                    its programs and services. The Language                                                                       Language Use and Linguistic Isolation: Historical
                                                                                                            population over the age of five, speak a              Data and Methodological Issues (2001), https://
                                                    Access Plan describes the Bureau’s
                                                                                                            language other than English at home.4                 www.census.gov/srd/papers/pdf/ssm2007-02.pdf.
                                                    policy and how the Bureau’s language                    Of this, more than 26 million people in                 7 2016 ACS Home Language Data.
                                                    access activities are implemented across                the U.S. have limited proficiency in                    8 ‘‘Unbanked households’’ means that ‘‘no one in
                                                    the Bureau’s operations, programs, and                  English.5 Individuals are generally                   the household had a checking or savings account.’’
                                                    services.                                               considered to have limited English
                                                                                                                                                                  Susan Burhouse et al., FDIC, 2015 FDIC National
                                                                                                                                                                  Survey of Unbanked and Underbanked Households
                                                         This information is current as of
                                                    DATES:                                                                                                        (2016), https://www.fdic.gov/householdsurvey/
                                                                                                              2 12  U.S.C. 5511(a).                               2015/2015report.pdf.
                                                    November 13, 2017.
                                                                                                              3 CFPB,  Feedback from the Financial Education        9 Susan Burhouse et al., FDIC, 2015 FDIC

                                                    FOR FURTHER INFORMATION CONTACT:    For                 Field (2013), http://files.consumerfinance.gov/f/     National Survey of Unbanked and Underbanked
                                                    general inquiries or any additional                     201305_cfpb_OFE-request-for-information-              Households Appendix Tables (2016), https://
                                                                                                            report.pdf.                                           www.fdic.gov/householdsurvey/2015/
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    information, please contact Monica                        4 U.S. Census Bureau, 2016 American Community       2015appendix.pdf.
                                                    Jackson, Office of the Executive                        Survey 1-Year Estimates, Language Spoken At             10 ‘‘Underbanked’’ means having an account at an

                                                    Secretary, at 202–435–7275. For                         Home by Ability to Speak English for the              insured institution but also obtaining financial
                                                    information about the Final Language                    Population 5 Years and Over (‘‘2016 ACS Home          services and products outside of the banking
                                                                                                            Language Data’’), https://factfinder.census.gov/      system. See id. at 8 n.13.
                                                    Access Plan, please contact Meina Banh,                 faces/tableservices/jsf/pages/                          11 See id. at 8 n.14.
                                                    Office of Financial Education, at 202–                  productview.xhtml?pid=ACS_15_5YR_                       12 CFPB, Financial Education Programs Serving
                                                    435–7892.                                               B16001&prodType=table.                                Immigrant Populations (2016), https://
                                                                                                              5 Id.
                                                                                                                                                                  www.consumerfinance.gov/about-us/blog/
                                                    SUPPLEMENTARY INFORMATION:                                6 See Paul Siegel et al., U.S. Census Bureau,       immigrants-facing-unique-financial-challenges.



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Document Created: 2017-11-16 03:53:43
Document Modified: 2017-11-16 03:53:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice regarding charges for certain disclosures under the Fair Credit Reporting Act.
DatesEffective January 1, 2018.
ContactMonique Chenault, Paralegal Specialist, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at (202) 435-7700.
FR Citation82 FR 53481 

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