FTC Testifies Before Senate Banking Committee on Fair Credit Reporting Act
The Federal Trade Commission testified today before the Senate Banking, Housing and Urban Affairs Committee that enforcement of the Fair Credit Reporting Act (FCRA) remains a top priority, and outlined the agency’s efforts to educate consumers and businesses about the law’s requirements.
Testifying on behalf of the Commission at a hearing on credit bureaus and the FCRA, Maneesha Mithal, Associate Director of the FTC’s Division of Privacy and Identity Protection, noted that the Commission has played a key role in the implementation, enforcement, and interpretation of the FCRA since its enactment in 1970. The FCRA requires consumer reporting agencies to follow reasonable procedures to ensure they only provide consumer report information to those with a “permissible purpose” for receiving it; to maintain reasonable procedures to ensure the maximum possible accuracy of the information; and to allow consumers to dispute and correct information in their consumer reports. In the last decade, the FTC has brought more than 30 actions to enforce the FCRA against consumer reporting agencies, users of consumer reports, and furnishers of information to consumer reporting agencies.
The Commission also continues to educate consumers and businesses on their respective rights and obligations under the FCRA, according to the testimony. This includes publishing guidance for those who report information about consumers to consumer reporting agencies, such as Consumer Reports: What Information Furnishers Need to Know. Additionally, Credit and Your Consumer Rights provides consumers with an overview of credit, explains their legal rights, and offers practical tips to help solve credit problems.
The FTC testimony also outlined the agency’s efforts to protect consumer privacy and promote data security. The FTC has brought more than 60 law enforcement actions against companies that allegedly engaged in unreasonable data security practices. The Commission also creates and disseminates consumer education material to alert consumers about data security issues, the testimony explained. In addition, the FTC provides extensive guidance to businesses about how to protect the data in their care and understand what practices violate the laws the FTC enforces. This includes resources such as the Start with Security and Stick with Security initiatives, and the Protecting Personal Information: A Guide for Business.
The Commission vote approving the testimony and its inclusion in the formal record was 5-0
All dealers are required to display a revised Buyers Guide on used vehicles for sale
The Federal Trade Commission, working jointly with 12 partner agencies in seven states, conducted the first compliance sweep of car dealerships since the amended Used Car Rule took effect earlier this year. Under the amended Rule, dealers must display a revised window sticker called a “Buyers Guide,” which contains warranty and other important information for consumers, on each used car they offer for sale.
The compliance sweep was conducted between April and June 2018, in 20 cities nationwide. The inspectors found Buyers Guides on 70 percent of the more than 2,300 vehicles inspected, with almost half of those displaying the revised Buyers Guide. Of the 94 dealerships inspected, 33 had the revised Buyers Guide on more than half of their vehicles, and 14 had revised Buyers Guides on all of their used cars.
Following the sweep, the FTC sent letters to each dealership detailing the results of the inspections and providing material to help them come into full compliance with the amended Rule. Over the coming weeks, dealerships that were not displaying the revised Buyers Guide can expect follow-up inspections to ensure they have brought themselves into compliance with the amended Rule. Under the FTC Act, dealers who fail to comply face penalties of up to $41,484 per violation. State and local law enforcement agencies also enforce the recently amended Rule.
The Revised Buyers Guide
On November 18, 2016, the FTC amended the Used Car Rule. Under the amended Rule, as of January 28, 2018, dealers are required to display a revised Buyers Guide on all used vehicles they offer for sale. The revised Buyers Guide:
Dealership Locations and FTC Partners
Through this sweep, the FTC and its partners inspected dealerships in: 1) Burbank, North Hollywood, Richmond, San Bruno, San Jose, San Pablo, and Van Nuys, California; 2) Jacksonville, Florida; 3) Chicago, Illinois; 4) New York, New York (Queens); 5) Brooklyn Heights, Cleveland, East Cleveland, and Cleveland Heights, Ohio; 6) Arlington, Dallas, and Grand Prairie, Texas; and 7) Lakewood, Puyallup, and Tacoma, Washington.
The FTC would like to thank the following partners for their assistance in the current compliance sweep: 1) the California Department of Motor Vehicles Inspection Division; 2) the Contra Costa County Office of the District Attorney; 3) the Los Angeles County District Attorney’s Office; 4) The Santa Clara County Office of the District Attorney; 5) the San Mateo County Office of the District Attorney; 6) the Florida Bureau of Dealer Services; 7) the Cuyahoga, Ohio, County Department of Consumer Affairs; 8) the Ohio Bureau of Motor Vehicles; 9) the City of Chicago Department of Business Affairs and Consumer Protection; 10) the New York City Department of Consumer Affairs; 11) the Texas Department of Motor Vehicles; and 12) the Washington State Office of the Attorney General.
Additional Resources
The FTC has additional information about the Used Car Rule on its website, including:
More information on the Buyers Guides can be found here:
The Federal Trade Commission works to promote competition, and protect and educate consumers. You can learn more about consumer topics and file a consumer complaint online or by calling 1-877-FTC-HELP (382-4357). Like the FTC on Facebook, follow us on Twitter, read our blogs, and subscribe to press releases for the latest FTC news and resources.
Contact Information
CONTACT FOR CONSUMERS:
Consumer Response Center 877-382-4357
CONTACT FOR NEWS MEDIA:
Mitchell J. Katz Office of Public Affairs 202-326-2161
STAFF CONTACT:
John C. Hallerud Midwest Region 312-960-5615 |
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