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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations
D. Projected Reporting, Recordkeeping, and Other Compliance Requirements, Including Classes of Covered Small Entities and Professional Skills Needed To Comply The amendments impose no new reporting, recordkeeping, or other compliance requirements.
E. Description of Steps Taken To Minimize Significant Economic Impact, if Any, on Small Entities, Including Alternatives The Commission did not propose any specific small entity exemption or other significant alternatives because the amendments will not increase reporting requirements and will not impose any new requirements or compliance costs.
VI. Other Matters Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Final Rule Language List of Subjects in 16 CFR Parts 642 and 698
Consumer protection, Credit, Trade practices.
For the reasons stated above, the Federal Trade Commission amends title 16 of the Code of Federal Regulations as follows:
PART 642PRESCREEN OPTOUT
NOTICE
1. Revise the authority section for part 642 to read as follows:

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Authority: Pub. L. 108159, sec. 311; 15
U.S.C. 1681md; 12 U.S.C. 5519d.

2. In 642.1, revise paragraph b to read as follows:

642.1

Purpose and scope.

b Scope. This part applies to any motor vehicle dealer as defined in 642.2 of this part that uses a consumer report on any consumer in connection with any credit or insurance transaction that is not initiated by the consumer, and that is provided to that motor vehicle dealer under section 604c1B
of the FCRA 15 U.S.C. 1681bc1B.
3. In 642.2, redesignate paragraph b as paragraph c and add a new paragraph b to read as follows:
642.2

Definitions.

b Motor vehicle dealer means any person excluded from Consumer Financial Protection Bureau jurisdiction as described in 12 U.S.C. 5519.

4. In 642.3, revise the introductory text to read as follows:
642.3

Prescreen opt-out notice.

Any motor vehicle dealer that uses a consumer report on any consumer in connection with any credit or insurance transaction that is not initiated by the consumer, and that is provided to that person under section 604c1B of the FCRA 15 U.S.C. 1681bc1B, shall, with each written solicitation made to the consumer about the transaction, provide the consumer with the following statement, consisting of a
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short portion and a long portion, which shall be in the same language as the offer of credit or insurance:

PART 698MODEL FORMS AND
DISCLOSURES
5. The authority citation continues to read as follows:

Authority: 12 U.S.C. 5519; 15 U.S.C.
1681mh; 15 U.S.C. 1681s3; Sec. 214b, Pub. L. 108159.

6. Revise 698.2 to read as follows:

698.2

Legal effect.

The model forms and disclosures prescribed by the FTC in this part do not constitute a trade regulation rule.
The issuance of the model forms and disclosures set forth in appendices A, B, and C of this part carry out the directive in the statute that the FTC prescribe these forms and disclosures. Use or distribution of the model forms and disclosures in this part will constitute compliance with any section or subsection of the FCRA requiring that such forms and disclosures be used by any motor vehicle dealer subject to the FTCs rulemaking authority.
7. Add appendix C to part 698 to read as follows:

Appendix C to Part 698Model Prescreen Opt-Out Notices In order to comply with 16 CFR part 642, the following model notices may be used:
a English language model notice1
Short notice.
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