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Check FCRA Compliance Off Your List

Published: May 11, 2020 by Laura Burrows


When running a credit report on a new applicant, you must ensure Fair Credit Reporting Act (FCRA) compliance before accessing, using and sharing the collected data. The Coronavirus Aid, Relief, and Economic Security (CARES) Act has impacted credit reporting under the FCRA, as has new guidance from the Consumer Financial Protection Bureau (CFPB). Recent updates include:

  • The CARES Act amended the FCRA to require furnishers who agree to an “accommodation,”1 to report the account as current, although it is permitted to continue to report the account as delinquent if the account was delinquent before the accommodation was made.
  • Although not legally obligated, data furnishers should continue furnishing information to the credit reporting agencies (CRAs) during the COVID-19 crisis, and make sure that information reported is complete and accurate.

Below is a brief FCRA-related compliance overview2 covering various FCRA requirements3 when requesting and using consumer credit reports for an extension of credit permissible purpose. For more information regarding your responsibilities under the FCRA as a user of consumer reports, please consult your Legal Counsel and the Notice to Users of Consumer Reports: Obligations of Users Under the FCRA handbook located on our website.

Before obtaining a consumer report you have…

 Reviewed your federal and state regulations and laws related to consumer reports, scores, decisions, etc.
 Made sure you have a valid permissible purpose for pulling the consumer report.
 Certified compliance to the CRA from which you are getting the consumer report. You have certified that you complied with all the federal and state requirements.

After you take an adverse action based on a consumer report you…

Provide the consumer with an oral, written or electronic notice of the adverse action.
Provide written or electronic disclosure of the numerical credit score used to take the adverse action, or when providing a “risk-based pricing” notice.
Provide the consumer with an oral, written or electronic notice, which includes the below information:

 Name, address and telephone number of CRA that supplied the report, if nationwide. A statement that the CRA did not make the adverse decision and therefore can’t explain why the decision was made.
 Notice of the consumer’s right to a free copy of their report from the CRA, if requested within 60 days.
 Notice of the consumer’s right to dispute with the CRA the accuracy or completeness of any information in a consumer report provided by the CRA.
Provide the consumer with a “risk-based pricing” notice if credit was granted but on less favorable terms based on information in their consumer report.

We understand how challenging it is to understand and meet all your obligations as a data furnisher – we’re here to make it a little easier. Click below to speak with a representative and gain more insight on how the CARES Act impacts FCRA reporting.

Download overview Speak with a representative

1An “accommodation” is defined as “an agreement to defer one or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief” granted to a consumer affected by COVID-19 during the covered period.

2This FCRA overview is not legal guidance and does not enumerate all your requirements under the FCRA as a user of consumer reports. Additionally, this FCRA Overview is not intended to provide legal advice or counsel you regarding your obligations under the FCRA or any other federal or state law or regulation. Should you have any questions about your institution’s specific obligations under the FCRA or any other federal or state law or regulation, you should consult with your Legal Counsel.

3This FCRA overview is intended to be used solely by financial service providers when extending credit to consumers and does not include all FCRA regulatory obligations.

You are responsible for regulatory compliance when requesting and using consumer reports, which includes adhering to all applicable federal and state statutes and regulations and ensuring that you have the correct policies and procedures in place.

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We are squarely in the holiday shopping season. From the flurry of promotional emails to the endless shopping lists, there are many to-dos and even more opportunities for financial institutions at this time of year. The holiday shopping season is not just a peak period for consumer spending; it’s also a critical time for financial institutions to strategize, innovate, and drive value. According to the National Retail Federation, U.S. holiday retail sales are projected to approach $1 trillion in 2024, , and with an ever-evolving consumer behavior landscape, financial institutions need actionable strategies to stand out, secure loyalty, and drive growth during this period of heightened spending. Download our playbook: "How to prepare for the Holiday Shopping Season" Here’s how financial institutions can capitalize on the holiday shopping season, including key insights, actionable strategies, and data-backed trends. 1. Understand the holiday shopping landscape Key stats to consider: U.S. consumers spent $210 billion online during the 2022 holiday season, according to Adobe Analytics, marking a 3.5% increase from 2021. Experian data reveals that 31% of all holiday purchases in 2022 occurred in October, highlighting the extended shopping season. Cyber Week accounted for just 8% of total holiday spending, according to Experian’s Holiday Spending Trends and Insights Report, emphasizing the importance of a broad, season-long strategy. What this means for financial institutions: Timing is crucial. Your campaigns are already underway if you get an early start, and it’s critical to sustain them through December. Focus beyond Cyber Week. Develop long-term engagement strategies to capture spending throughout the season. 2. Leverage Gen Z’s growing spending power With an estimated $360 billion in disposable income, according to Bloomberg, Gen Z is a powerful force in the holiday market​. 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Combat fraud with multi-layered strategies The holiday shopping season sees an increase in fraud, with card testing being the number one attack vector in the U.S. according to Experian’s 2024 Identity and Fraud Study. Fraudulent activity such as identity theft and synthetic IDs can also escalate​. Fight tomorrow’s fraud today: Identity verification: Use advanced fraud detection tools, like Experian’s Ascend Fraud Sandbox, to validate accounts in real-time. Monitor dormant accounts: Watch these accounts with caution and assess for potential fraud risk. Strengthen cybersecurity: Implement multi-layered strategies, including behavioral analytics and artificial intelligence (AI), to reduce vulnerabilities. 6. Post-holiday follow-up: retain and manage risk Once the holiday rush is over, the focus shifts to managing potential payment stress and fostering long-term relationships. 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Published: November 22, 2024 by Stefani Wendel

At Experian, we believe in fostering innovation and collaboration to solve complex challenges. Recently, Ivan Ahmed, one of our talented product management leaders at Experian Housing, had the opportunity to participate in the FHFA 2024 TechSprint, where his team won the award for the best Risk Management and Compliance idea. In this article, we share Ivan's experience as he reflects on the TechSprint, the inspiration behind his team's project, and the valuable lessons learned. Can you share your experience participating in the FHFA 2024 TechSprint? What was the atmosphere like, and how did it feel to be recognized for the best Risk Management and Compliance idea? Let me start by explaining what a TechSprint is. It is a fast-paced, high-energy collaborative workshop where diverse experts and stakeholders come together to design technological solutions to complex problems. Each team is given a high-level problem and use case. From there, stakeholders and domain experts must develop a proof of concept within 3 days to best address the problem. On the last and final day, called the “Demo Day,” teams must showcase their solution in front of a panel of judges. It’s a fun, high-energy, challenging, and rewarding experience. A TechSprint is a convergence of everything I love – technology, business, and design and I think FHFA did a wonderful job orchestrating the event. Each team consisted of representatives from different functions in the housing ecosystem, including lenders, technologists, product managers, and regulators. We were given access to a room, whiteboards, and, most importantly, delicious snacks. We were also given access to industry subject matter experts outside our teams, including representatives from Fannie Mae and Freddie Mac, FHFA, and leaders from top companies. What I found the most impactful was the ability to pressure test our ideas and solutions against these industry subject matter experts. Ideating in a vacuum can be challenging, so being able to stress test things rapidly with these experts allowed us to change course quickly as new information was introduced. Winning the best Risk Management and Compliance idea award was rewarding, especially as we were able to ideate a solution to such a critical accessibility issue. Ultimately, our goal was to help create a fairer, more equitable, and inclusive housing finance system. A big shoutout to my teammates, Wemimo Abbey, Joseph Karbowski, Will Regenauer, and Eddy Atkins. What inspired Team Arsenal to focus on identifying potential gaps in ADA compliance within multifamily buildings, and what were some of the key challenges your team faced during the process? My mother has suffered from several disabilities most of her life. With age, she has become more wheelchair-dependent, and traveling has become a major challenge. On a recent family trip, the entry to our hotel building wasn’t ADA-compliant, and I had to carry her up a flight of stairs. It was frustrating to deal with. I later went down a rabbit hole around ADA compliance and, much to my surprise, learned that only 0.15% of all homes in the U.S. are wheelchair accessible! As we explored the problem space further as a team, we learned how difficult it is to ensure that new and existing rental homes are ADA-compliant. We hypothesized that a solution is needed to establish incentives for borrowers, lenders, and GSEs to meet compliance. A technological solution could more easily enable multi-family lenders and builders to identify rental units that are non-ADA compliant and could provide ways to address the gaps. We noticed two primary challenges: an enforcement gap and an incentive gap. We learned that agency loans (Fannie Mae and Freddie Mac) account for most multi-family home loan originations. If we could tackle the enforcement challenge at the GSE level, we could set up the proper incentives for all players in the multi-family lending process. By providing tools to both the borrower and the GSE’s, we could help foster a more inclusive and accessible rental housing market. How do you envision your AI-driven solution impacting the rental housing market and improving ADA compliance for multifamily buildings? We wanted to ensure that we leveraged the true power of Generative AI, which meant that our solution could take multimodal inputs and produce multimodal outputs. For example, we could train the Generative AI model on photos of interior multi-family rental units and structured or unstructured text like building sketches, site layouts, and local building codes. We could then incorporate ADA design requirements and analyze discrepancies. The result would be a compliance report or tool outlining the adherence level to ADA design requirements and providing tips and recommendations on remediation. The solution could be delivered as a free tool by the GSEs, who could incentivize its usage by offering price concessions to borrowers. Developers could also use the tool to evaluate whether new or existing builds were ADA-compliant. How did your background and experience with Experian contribute to developing your team's winning idea at the FHFA TechSprint? Much of my role at Experian has involved exploring ways to leverage proprietary and public record property data for marketing, account review, and analytical use cases. I work very closely with property data at Experian, so I was very familiar with the types of input fields of property data that would be the most relevant to improving a generative AI model output. Specifically, in our use case, we wanted to train the model to better identify homes and features that were non-compliant with ADA and provide clear remediation steps. We knew that public record property information was available from various sources and could be leveraged as additional third-party input data to improve our model accuracy. What advice would you give to other teams or individuals looking to participate in future TechSprint events, especially those aiming to tackle complex issues like risk management and compliance? It’s important to remember that an ideal solution is both impactful and practical. Practicality is achieved when the solution has both business and technical viability. Therefore, it’s crucial to carefully vet problems and solutions by understanding their viability. Working as a team to solve the problem means leveraging the expertise of subject matter experts around you. 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