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#1585943 - 08/01/11 06:17 PM Guarantor's credit report - Need FCRA Notice?
Likes to Comply Offline
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In the mountains
I am looking for confirmation or clarification.

Since a guarantor is not an "applicant" for FCRA or ECOA, even if the application is denied based upon information from the guarantor's credit report, you do not have to provide the AAN to the guarantor. This applies to both consumer and business transactions. Right?
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#1586145 - 08/01/11 11:35 PM Re: Guarantor's credit report - Need FCRA Notice? Likes to Comply
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 78,958
Galveston, TX
Correct.
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#1586148 - 08/01/11 11:40 PM Re: Guarantor's credit report - Need FCRA Notice? Likes to Comply
EmilyAnn Offline
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Joined: Jul 2007
Posts: 273
That is correct.

The preamble to the July 2011 final rule for the Regulation B changes states the following in the section titled "Guarantors and Co-Signers": "Under section 701(d)(6) of the ECOA and Sec. 202.2(c) of Regulation B, only an applicant can experience adverse action. Further, a guarantor or co-signer is not deemed an applicant under Sec. 202.2(e). Sections 603(k)(1)(A) and 603(k)(1)(B)(2) of the FCRA provide that adverse action has the same meaning for purposes of the FCRA as is provided in the ECOA and Regulation B in the context of a credit application. Therefore, a guarantor or co-signer would not receive an adverse action notice under the ECOA or the FCRA."

This 2003 article from Mary Beth Guard is also helpful, and is still applicable. It references the July 2000 Stinneford letter, which is a good reference source on this issue. http://www.bankersonline.com/lending/ci-fcradis.html.

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#1586223 - 08/02/11 01:29 PM Re: Guarantor's credit report - Need FCRA Notice? EmilyAnn
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Thank you for your help!
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