(1) AnnualCreditReport.com
and (877) 322-8228 means the Uniform Resource Locator address
“AnnualCreditReport.com” and toll-free telephone number, (877) 322-8228.
These are the locator address and toll-free telephone number currently
used by the centralized source. If the locator address or toll-free
telephone number changes in the future, the new address or telephone
number shall be substituted within a reasonable time.
(2) Free credit report means a file
disclosure prepared by or obtained from, directly or indirectly, a
nationwide consumer reporting agency (as defined in section 603(p)
of the FCRA), that is represented, either expressly or impliedly,
to be available to the consumer at no cost if the consumer purchases
a product or service, or agrees to purchase a product or service subject
to cancellation.
(3) General requirements for disclosures. The
disclosures covered by paragraph (b) of this section shall contain
only the prescribed content and comply with the following requirements:
(i) All disclosures shall be prominent;
(ii) All disclosures shall be made in
the same language as that principally used in the advertisement;
(iii) Visual disclosures
shall be easily readable; in a high degree of contrast from the immediate
background on which it appears; in a format so that the disclosure
is distinct from other text, such as inside a border; in a distinct
type style, such as bold; and parallel to the base of the advertisement
or screen;
(iv) Audio
disclosures shall be delivered in a slow and deliberate manner and
in a reasonably understandable volume and pitch;
(v) Program-length television, radio,
or Internet-hosted multimedia advertisement disclosures shall be made
at the beginning, near the middle, and at the end of the advertisement;
and
(vi) Nothing
contrary to, inconsistent with, or that undermines the required disclosures
shall be used in any advertisement in any medium, nor shall any audio,
visual, or print technique be used that is likely to detract significantly
from the communication of any disclosure.
(1) Television
advertisements.
(i) All advertisements for free credit
reports broadcast on television shall include the following disclosure
in close proximity to the first mention of a free credit report: “This
is not the free credit report provided for by Federal law.”
(ii) The disclosure shall
appear at the same time in the audio and visual part of the advertisement.
The visual disclosure shall be at least four percent of the vertical
picture height and appear for a minimum of four seconds.
(2) Radio advertisements. All advertisements for free credit reports
broadcast on radio shall include the following disclosure in close
proximity to the first mention of a free credit report: “This is not
the free credit report provided for by Federal law.”
(3) Print advertisements. All advertisements for free credit reports in print shall include
the following disclosure in the form specified below and in close
proximity to the first mention of a free credit report. The first
line of the disclosure shall be centered and contain only the following
language: “THIS NOTICE IS REQUIRED BY LAW.” Immediately below the
first line of the disclosure the following language shall appear:
“You have the right to a free credit report from AnnualCreditReport.com
or (877) 322-8228, the ONLY authorized source under Federal law.”
Each letter of the disclosure text shall be, at minimum, one-half
the size of the largest character used in the advertisement.
(4) Web sites. Any Web site offering free credit reports must display
the disclosure set forth in paragraphs (b)(4)(i), (ii), and (v) of
this section on each page that mentions a free credit report and on
each page of the ordering process. This disclosure shall be visible
across the top of each page where the disclosure is required to appear;
shall appear inside a box; and shall appear in the form specified
below:
(i) The first element of the disclosure
shall be a header that is centered and shall consist of the following
text: “THIS NOTICE IS REQUIRED BY LAW. Read more at consumerfinance.gov/learnmore.”
Each letter of the header shall be one-half the size of the largest
character of the disclosure text required by paragraph (b)(4)(ii)
of this section. The reference to consumerfinance.gov/learnmore shall
be an operational hyperlink, underlined, and in a color that is a
high degree of contrast from the color of the other disclosure text
and background color of the box. Until January 1, 2013, “www.ftc.gov”
and the corresponding hyperlink may be substituted for “consumerfinance.gov/learnmore”
and the corresponding hyperlink;
(ii) The second element of the disclosure
shall appear below the header required by paragraph (b)(4)(i) and
shall consist of the following text: “You have the right to a free
credit report from AnnualCreditReport.com or (877) 322-8228, the ONLY
authorized source under Federal law.” The reference to AnnualCreditReport.com
shall be an operational hyperlink to the centralized source, underlined,
and in the same color as the hyperlink to consumerfinance.gov/learnmore
required in section 1022.138(b)(4)(i);
(iii) The color of the text required
by section 1022.138(b)(4)(i) and (ii) shall be in a high degree of
contrast with the background color of the box;
(iv) The background of the box shall
be a solid color in a high degree of contrast from the background
of the page and the color shall not appear elsewhere on the page;
(v) The third element
of the disclosure shall appear below the text required by paragraph
(b)(4)(ii) and shall be an operational hyperlink to AnnualCreditReport.com
that appears as a centered button containing the following language:
“Take me to the authorized source.” The background of this button shall
be the same color as the hyperlinks required by section 1022.138(b)(4)(i)
and (ii) and the text shall be in a high degree of contrast to the
background of the button;
(vi) Each character of the text required
in paragraph (b)(4)(ii) and (v) of this section shall be, at minimum,
the same size as the largest character on the page, including characters
in an image or graphic banner;
(vii) Each character of the disclosure
shall be displayed as plain text and in a sans serif font, such as
Arial; and
(viii)
The space between each element of the disclosure required in paragraph
(b)(i), (ii), and (v) of this section shall be, at minimum, the same
size as the largest character on the page, including characters in
an image or graphic banner. The space between the boundaries of the
box and the text or button required in section 1022.138(b)(i), (ii),
and (v) shall be, at minimum, twice the size of the vertical height
of the largest character on the page, including characters in an image
or graphic banner.
(5) Internet-hosted
multimedia advertising. All advertisements for free credit reports
disseminated through Internet-hosted multimedia in both audio and
visual formats shall include the following disclosure in the form
specified below and in close proximity to the first mention of a free
credit report. The first line of the disclosure shall be centered
and contain only the following language: “THIS NOTICE IS REQUIRED
BY LAW.” Immediately below the first line of the disclosure the following
language shall appear: “You have the right to a free credit report
from AnnualCreditReport.com or (877) 322-8228, the ONLY authorized
source under Federal law.” The disclosure shall appear at the same
time in the audio and visual part of the advertisement. If the advertisement
contains characters, the visual disclosure shall be, at minimum, the
same size as the largest character on the advertisement.
(6) Telephone requests. When consumers call any telephone number,
other than the number of the centralized source, appearing in an advertisement
that represents free credit reports are available at the number, consumers
must receive the following audio disclosure at the first mention of
a free credit report: “The following notice is required by law. You
have the right to a free credit report from AnnualCreditReport.com
or (877) 322-8228, the only authorized source under Federal law.”
(7) Telemarketing solicitations. When telemarketing
sales calls are made that include offers of free credit reports, the
call must include at the first mention of a free credit report the
following disclosure: “The following notice is required by law. You
have the right to a free credit report from AnnualCreditReport.com
or (877) 322-8228, the only authorized source under Federal law.”
