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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations consumer pays his or her obligations on time and how much the consumer owes to creditors;
B A statement that a credit score is a number that takes into account information in a consumer report and that a credit score can change over time to reflect changes in the consumers credit history;
C A statement that the consumers credit score can affect whether the consumer can obtain credit and what the cost of that credit will be;
D The information required to be disclosed to the consumer pursuant to section 609g of the FCRA;
E The distribution of credit scores among consumers who are scored under the same scoring model that is used to generate the consumers credit score using the same scale as that of the credit score that is provided to the consumer, presented in the form of a bar graph containing a minimum of six bars that illustrates the percentage of consumers with credit scores within the range of scores reflected in each bar or by other clear and readily understandable graphical means, or a clear and readily understandable statement informing the consumer how his or her credit score compares to the scores of other consumers. Use of a graph or statement obtained from the person providing the credit score that meets the requirements of this paragraph d1iiE is deemed to comply with this requirement;
F A statement that the consumer is encouraged to verify the accuracy of the information contained in the consumer report and has the right to dispute any inaccurate information in the report;
G A statement that federal law gives the consumer the right to obtain copies of his or her consumer reports directly from the consumer reporting agencies, including a free report from each of the nationwide consumer reporting agencies once during any 12-month period;
H Contact information for the centralized source from which consumers may obtain their free annual consumer reports; and I A statement directing consumers to the websites of the Board and Federal Trade Commission to obtain more information about consumer reports.
2 Form of the notice. The notice described in paragraph d1ii of this section must be:
i Clear and conspicuous;
ii Provided on or with the notice required by section 609g of the FCRA;
iii Segregated from other information provided to the consumer, except for the notice required by section 609g of the FCRA; and
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iv Provided to the consumer in writing and in a form that the consumer may keep.
3 Timing. The notice described in paragraph d1ii of this section must be provided to the consumer at the time the disclosure required by section 609g of the FCRA is provided to the consumer, but in any event at or before consummation in the case of closed-end credit or before the first transaction is made under an open-end credit plan.
4 Multiple credit scoresi In general. When a motor vehicle dealer obtains two or more credit scores from consumer reporting agencies and uses one of those credit scores in setting the material terms of credit granted, extended, or otherwise provided to a consumer, for example, by using the low, middle, high, or most recent score, the notice described in paragraph d1ii of this section must include that credit score and the other information required by that paragraph.
When a motor vehicle dealer obtains two or more credit scores from consumer reporting agencies and uses multiple credit scores in setting the material terms of credit granted, extended, or otherwise provided to a consumer, for example, by computing the average of all the credit scores obtained, the notice described in paragraph d1ii of this section must include one of those credit scores and the other information required by that paragraph. The notice may, at the motor vehicle dealers option, include more than one credit score, along with the additional information specified in paragraph d1ii of this section for each credit score disclosed.
ii Examples. A A motor vehicle dealer that uses consumer reports to set the material terms of credit granted, extended, or provided to consumers regularly requests credit scores from several consumer reporting agencies and uses the low score when determining the material terms it will offer to the consumer. That motor vehicle dealer must disclose the low score in the notice described in paragraph d1ii of this section.
B A motor vehicle dealer that uses consumer reports to set the material terms of mortgage credit granted, extended, or provided to consumers regularly requests credit scores from several consumer reporting agencies, each of which it uses in an underwriting program in order to determine the material terms it will offer to the consumer. That motor vehicle dealer may choose one of these scores to include in the notice described in paragraph d1ii of this section.

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5 Model form. A model form of the notice described in paragraph d1ii of this section consolidated with the notice required by section 609g of the FCRA is contained in 16 CFR part 698, appendix A. Appropriate use of Model Form A3 is deemed to comply with the requirements of 640.5d. Use of the model form is optional.
e Other extensions of creditcredit score disclosure1 In general. A
motor vehicle dealer is not required to provide a risk-based pricing notice to a consumer under 640.3a or c if:
i The consumer requests from the motor vehicle dealer an extension of credit other than credit that is or will be secured by one to four units of residential real property; and ii The motor vehicle dealer provides to each consumer described in paragraph e1i of this section a notice that contains the following A A statement that a consumer report or credit report is a record of the consumers credit history and includes information about whether the consumer pays his or her obligations on time and how much the consumer owes to creditors;
B A statement that a credit score is a number that takes into account information in a consumer report and that a credit score can change over time to reflect changes in the consumers credit history;
C A statement that the consumers credit score can affect whether the consumer can obtain credit and what the cost of that credit will be;
D The current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the consumer reporting agency for a purpose related to the extension of credit;
E The range of possible credit scores under the model used to generate the credit score;
F The distribution of credit scores among consumers who are scored under the same scoring model that is used to generate the consumers credit score using the same scale as that of the credit score that is provided to the consumer, presented in the form of a bar graph containing a minimum of six bars that illustrates the percentage of consumers with credit scores within the range of scores reflected in each bar, or by other clear and readily understandable graphical means, or a clear and readily understandable statement informing the consumer how his or her credit score compares to the scores of other consumers. Use of a graph or statement obtained from the person providing the credit score that meets the requirements
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