(a) Streamlined process requirements. Any nationwide specialty consumer
reporting agency shall have a streamlined process for accepting and
processing consumer requests for annual file disclosures. The streamlined
process required by this part shall:
(1) Enable consumers to request annual
file disclosures by a toll-free telephone number that:
(i) Provides
clear and prominent instructions for requesting disclosures by any
additional available request methods, that do not interfere with,
detract from, contradict, or otherwise undermine the ability of consumers
to obtain annual file disclosures through the streamlined process
required by this part;
(ii) Is published, in conjunction with all other published numbers
for the nationwide specialty consumer reporting agency, in any telephone
directory in which any telephone number for the nationwide specialty
consumer reporting agency is published; and
(iii) Is clearly and prominently posted
on any Web site owned or maintained by the nationwide specialty consumer
reporting agency that is related to consumer reporting, along with
instructions for requesting disclosures by any additional available
request methods; and
(2) Be designed, funded, implemented, maintained,
and operated in a manner that:
(i) Has adequate capacity
to accept requests from the reasonably anticipated volume of consumers
contacting the nationwide specialty consumer reporting agency through
the streamlined process, as determined in compliance with paragraph
(b) of this section;
(ii) Collects only as much personal information as is reasonably
necessary to properly identify the consumer as required under the
FCRA, section 610(a)(1), 15 U.S.C. 1681h(a)(1), and other applicable
laws and regulations; and
(iii) Provides clear and easily understandable
information and instructions to consumers, including but not necessarily
limited to:
(A) Providing information on the status of
the consumers request while the consumer is in the process of making
a request;
(B) For a Web
site request method, providing access to a “help” or “frequently asked
questions” screen, which includes more specific information that consumers
might reasonably need to order their file disclosure, the answers
to questions that consumers might reasonably ask, and instructions
whereby a consumer may file a complaint with the nationwide specialty
consumer reporting agency and with the Bureau; and
(C) In the event that a consumer requesting
a file disclosure cannot be properly identified in accordance with
the FCRA, section 610(a)(1), 15 U.S.C. 1681h(a)(1), and other applicable
laws and regulations, providing a statement that the consumers identity
cannot be verified; and directions on how to complete the request,
including what additional information or documentation will be required
to complete the request, and how to submit such information.
(b) Requirement to anticipate. A nationwide specialty consumer reporting
agency shall implement reasonable procedures to anticipate, and respond
to, the volume of consumers who will contact the nationwide specialty
consumer reporting agency through the streamlined process to request,
or attempt to request, file disclosures, including developing and
implementing contingency plans to address circumstances that are reasonably
likely to occur and that may materially and adversely impact the operation
of the nationwide specialty consumer reporting agency, a request method,
or the streamlined process.
(1) The contingency plans required by this
section shall include reasonable measures to minimize the impact of
such circumstances on the operation of the streamlined process and
on consumers contacting, or attempting to contact, the nationwide
specialty consumer reporting agency through the streamlined process.
(i) Such reasonable measures to minimize impact shall include, but
are not necessarily limited to:
(A) To the extent reasonably practicable
under the circumstances, providing information to consumers on how
to use another available request method;
(B) To the extent reasonably practicable under
the circumstances, communicating, to a consumer who attempts but is
unable to make a request, the fact that a condition exists that has
precluded the nationwide specialty consumer reporting agency from
accepting all requests, and the period of time after which the agency
is reasonably anticipated to be able to accept the consumers request
for an annual file disclosure; and
(C) Taking all reasonable steps to restore
the streamlined process to normal operating status as quickly as reasonably
practicable under the circumstances.
(ii) Measures to minimize impact may
also include, as appropriate, collecting request information but declining
to accept the request for processing until a reasonable later time,
provided that the consumer is clearly and prominently informed, to
the extent reasonably practicable under the circumstances, of when
the request will be accepted for processing.
(2) A nationwide specialty
consumer reporting agency shall not be deemed in violation of paragraph
(a)(2)(i) of this section if the toll-free telephone number required
by this part is unavailable to accept requests for a reasonable period
of time for purposes of conducting maintenance on the request method,
provided that the nationwide specialty consumer reporting agency makes
other request methods available to consumers during such time.
(c) High request
volume and extraordinary request volume.
(1) High request
volume. Provided that the nationwide specialty consumer reporting
agency has implemented reasonable procedures developed in accordance
with paragraph (b) of this section, entitled “requirement to anticipate,”
a nationwide specialty consumer reporting agency shall not be deemed
in violation of paragraph (a)(2)(i) of this section for any period
of time during which a streamlined process request method or the nationwide
specialty consumer reporting agency experiences high request volume,
if the nationwide specialty consumer reporting agency:
(i) Collects
all consumer request information and delays accepting the request
for processing until a reasonable later time; and
(ii) Clearly and prominently informs
the consumer of when the request will be accepted for processing.
(2) Extraordinary request volume. Provided
that the nationwide specialty consumer reporting agency has implemented
reasonable procedures developed in accordance with paragraph (b) of
this section, entitled “requirement to anticipate,” a nationwide specialty
consumer reporting agency shall not be deemed in violation of paragraph
(a)(2)(i) of this section for any period of time during which a streamlined
process request method or the nationwide specialty consumer reporting
agency experiences extraordinary request volume.
(d) Information use and disclosure. Any personally identifiable information collected from consumers
as a result of a request for annual file disclosure, or other disclosure
required by the FCRA, made through the streamlined process, may be
used or disclosed by the nationwide specialty consumer reporting agency
only:
(1) To provide the annual
file disclosure or other disclosure required under the FCRA requested
by the consumer;
(2)
To process a transaction requested by the consumer at the same time
as a request for annual file disclosure or other disclosure;
(3) To comply with applicable
legal requirements, including those imposed by the FCRA and this part;
and
(4) To update personally
identifiable information already maintained by the nationwide specialty
consumer reporting agency for the purpose of providing consumer reports,
provided that the nationwide specialty consumer reporting agency uses
and discloses the updated personally identifiable information subject
to the same restrictions that would apply, under any applicable provision
of law or regulation, to the information updated or replaced.
(e) Requirement
to accept or redirect requests. If a consumer requests an annual
file disclosure through a method other than the streamlined process
established by the nationwide specialty consumer reporting agency
in compliance with this part, a nationwide specialty consumer reporting
agency shall:
(1) Accept the consumers request; or
(2) Instruct the consumer
how to make the request using the streamlined process required by
this part.
