Thread Options
#2249794 - 02/25/21 09:05 PM Checking the FCRA box - Down payment, income
Compliance Poster Offline
Gold Star
Joined: Sep 2001
Posts: 375
We have covered in the past on whether the the FCRA box in a denial notice should be checked if the decision was based solely on “value or type of collateral” as that decision wouldn't be based in whole or in part from information in a consumer report. But what of other reasons, such as a lack of or inadequate down payment, or income, where information in the report didn’t influence the adverse decision. In the risked-based pricing regulations, below, it states “…credit score proxy method generally would eliminate the influence of variables that are not derived from information in a consumer report, such as the consumer’s income, the term of the loan, or the amount of any down payment.. …”. Do you think the FCRA box should also not be denoted when the denial reasons solely are due to the other above reasons?

https://www.govinfo.gov/content/pkg/FR-2010-01-15/pdf/E9-30678.pdf

Return to Top
Lending Compliance
#2249799 - 02/25/21 09:40 PM Re: Checking the FCRA box - Down payment, income Compliance Poster
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 46,287
Bloomington, IN
If the consumer report was not used in whole or in part in the adverse decision then that section should not be marked.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

Return to Top
#2249804 - 02/25/21 10:21 PM Re: Checking the FCRA box - Down payment, income Compliance Poster
rlcarey Online
10K Club
rlcarey
Joined: Jul 2001
Posts: 76,433
Galveston, TX
Are they talking about the second box?

Our credit decision was based in whole or in part on information obtained from an affiliate or from an outside source other than a consumer reporting agency. Under the Fair Credit Reporting Act, you have the right to make a written request, no later than 60 days after you receive this notice, for disclosure of the nature of this information.
_________________________
The opinions expressed here should not be construed to be those of my employer: PPDocs.com

Return to Top

Moderator:  Andy_Z