A retail store owner applies for a new commercial property policy. Based on negative financial data obtained from a standard third-party credit report, the underwriting department formally declines the application. Under the Fair Credit Reporting Act (FCRA), which of the following must be included in the adverse action notice provided to the applicant?
- The name, address, and phone number of the credit reporting agency, along with a statement that the agency did not make the underwriting decision.Answer
- BA complete, printed copy of the credit report that was used in the decision-making process.
- CInstructions explaining how to dispute the declination directly with the state Department of Insurance.
- DA notification that the applicant has 30 days to request a free copy of the report from the insurer's records.
Answer
The notice must provide the reporting agency's contact information and clarify that the agency did not make the adverse decision.
Under the FCRA, when an adverse action (such as a declination or higher premium) is taken based on a consumer report, the user of the report (the insurer) must provide the consumer with the contact information of the reporting agency. The notice must also explicitly state that the agency only provided the data and did not make the adverse decision, directing the consumer to the agency for any disputes regarding accuracy.
Step-by-Step Solution
Key Concept
FCRA Adverse Action Notice Requirements
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