If we use Kroll - what credit agency should be listed at the bottom of the notice. We use both Tri-merge and an individual pull depending on the situation.

if you get the report from Kroll, use KROLL

The FCRA definition of consumer reporting agency states [603(f)]:

“The term “consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. . . .”

It further defines a “reseller of credit”, (such as Kroll Factual Data) in 603(u) as a credit reporting agency (emphasis added).

“The term “reseller” means a consumer reporting agency that--
(1) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities; and
(2) does not maintain a database of the assembled or merged information from which new consumer reports are produced. . . .”

So, even though Kroll gets the credit information from Equifax and others, the credit reporting agency of record for adverse action notices should be Kroll. The bank’s contract is with Kroll, they additionally provided the credit information to your bank. Furthermore, the bank has no contractual agreement with Equifax (or the other 2), and Equifax, Experian and Trans Union also would have no record of your bank being listed as the creditor who acquired the credit information from them.

Historically, there have been questions what might occur if an applicant disputes the information with a reseller – it might never get to the right CRA. That is again covered in the FCRA (emphasis added):

611 - Reinvestigations of Disputed Information
(1) Reinvestigation Required
(A) In general. Subject to subsection (f), if the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, . . .

This has been verified with the OCC and FDIC Atlanta regions.

We just had external compliance auditors leave our bank. They said that we cannot list Kroll Factual Data and their information under "Our credit decision was based in whole or in part on information obtained in a report from the consumer agency listed below". They said that consumers cannot dispute directly with Kroll so we must list all three bureaus names and addresses as listed on the Kroll report. I cannot get my mortgage software to list all of these.

But based on the posts above it sounds like we can list Kroll.

Ask your external compliance auditors to explain the following from the FCRA.