Federal Register - September 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations B. Significant Issues Raised in Public Comments in Response to the IRFA
The Commission did not receive any comments that addressed the burden on small entities. In addition, the Commission did not receive any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA.
C. Estimate of Number of Small Entities to Which the Final Rule Will Apply The Commission anticipates many covered motor vehicle dealers may qualify as small businesses according to the applicable SBA size standards.20 As explained in the IRFA, however, determining a precise estimate of the number of small entities is not readily feasible. No commenters addressed this issue. Nonetheless, as discussed above, these amendments do not add any additional burdens on any covered small businesses.
D. Projected Reporting, Recordkeeping, and Other Compliance Requirements, Including Classes of Covered Small Entities and Professional Skills Needed To Comply The amendments do not impose any 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 Part 641
Consumer protection, Credit, Trade Practices For the reasons stated above, the Federal Trade Commission amends part 20 Table
of Small Bus. Size Standards Matched to North American Indus. Classification System Codes, 13 CFR 121.201 available at: https
www.sba.gov/document/support--table-sizestandards, updated Aug. 19, 2019. For example, used car dealers are classified as NAICS 441120 and new car dealers as NAICS 441110. Under those standards, the SBA would classify as small businesses independent used car dealers having annual receipts of less than $27 million and new car dealers having fewer than 200 employees each.
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641 of title 16 of the Code of Federal Regulations as follows:
1. Revise the authority section for part 641 to read as follows:
51819
FEDERAL TRADE COMMISSION
to issue guidelines for use by furnishers regarding the accuracy and integrity of the information about consumers that they furnish to consumer reporting agencies CRAs and to prescribe regulations requiring furnishers to establish reasonable policies and procedures for implementing the guidelines. Section 312 also required the Commission and the other agencies to issue regulations identifying the circumstances under which a furnisher must reinvestigate direct consumer disputes concerning the accuracy of information provided by the furnisher to a CRA. On July 1, 2009, the Commission issued the Furnisher Rule and the accompanying guidelines that took effect on July 1, 2010.2
The Rule requires furnishers to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that they furnish to a CRA.3 The Rule also requires that furnishers respond to direct disputes from consumers.4
16 CFR Part 660
B. Dodd-Frank Act
Authority: Pub. L. 108159, sec. 315; 15
U.S.C. 1681ch; 12 U.S.C. 5519d.
2. In 641.1, revise paragraph a to read as follows:
641.1 Duties of users of consumer reports regarding address discrepancies.
a Scope. This section applies to users of consumer reports that are motor vehicle dealers excluded from Consumer Financial Protection Bureau jurisdiction as described in 12 U.S.C.
5519.
By direction of the Commission.
April J. Tabor, Secretary.
FR Doc. 202119918 Filed 91621; 8:45 am BILLING CODE 675001P
RIN 3084AB63
Duties of Furnishers of Information to Consumer Reporting Agencies Rule Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade Commission FTC or Commission is issuing a final rule Final Rule to amend the Duties of Furnishers of Information to Consumer Reporting Agencies Rule Furnisher Rule to correspond to changes made to the Fair Credit Reporting Act FCRA by the Dodd-Frank Act.
DATES: The rule is effective October 18, 2021.
FOR FURTHER INFORMATION CONTACT:
David Lincicum 2023262773, Division of Privacy and Identity Protection, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580.
SUPPLEMENTARY INFORMATION:
SUMMARY:
2 74
I. Background
PO 00000
U.S.C. 1681s2.
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FR 31484.
CFR 660.3.
4 16 CFR 660.4.
5 Public Law 111203 2010.
6 15 U.S.C. 1681 et seq. The Dodd-Frank Act does not transfer to the CFPB rulemaking authority for section 615e of the FCRA Red Flag Guidelines and Regulations Required and section 628 of the FCRA Disposal of Records. See 15 U.S.C.
1681se.
7 77 FR 22200 April 13, 2012; 12 U.S.C. 5519.
8 15 U.S.C. 5519.
9 77 FR 22200.
10 Id.
3 16
A. The Furnisher Rule The Fair and Accurate Credit Transactions Act of 2003 FACT Act was signed into law on December 4, 2003. Public Law 108159, 117 Stat.
1952. Section 312 of the FACT Act amended section 623 1 of the FCRA by requiring the FTC, with other agencies, 1 15
The Dodd-Frank Wall Street Reform and Consumer Protection Act DoddFrank Act was signed into law in 2010.5 The Dodd-Frank Act substantially changed the federal legal framework for financial services providers. Among the changes, the Dodd-Frank Act transferred to the Consumer Financial Protection Bureau CFPB the Commissions rulemaking authority under portions of the FCRA.6
Accordingly, in 2012, the Commission rescinded several of its FCRA rules, which had been replaced by rules issued by the CFPB.7 The FTC retained rulemaking authority for other rules to the extent the rules apply to motor vehicle dealers described in section 1029a of the Dodd-Frank Act 8
predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both motor vehicle dealers.9 The retained rules include the Furnisher Rule, which now applies only to motor vehicle dealers.10 Furnishers originally covered
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