Credit Score Disclosures in AAN-Commercial Credi

There were some interesting discussions back in 2011 on this, but I never saw where there was a conclusive position despite some excellent analysis.

1. Sole Prop applies for commercial credit and pulls sole prop owner's consumer report, and denies based on credit score.
- Does the AAN to the Sole Prop include the DFA Credit Score Disclosures for the natural person who owns the sole prop?
- If so, ok to modify Model Forms for Commercial Credit to include the Credit Score Disclosures?

2. Commercial credit applied for by an entity, guaranteed by one or more individuals. Credit scores of guarantors are used in adverse action.
- Am I correct, unlike #1 above, that this is more cut and dry, since guarantors on commercial credit do not (have to) receive AANs under FCRA?

Or is this still in limbo these many years later?

In #1 you are taking adverse action against the consumer and it does not matter what the purpose of the loan might be. In #2, you are not.

"Because the FCRA adopts the definition of “adverse action” from the ECOA, only an “applicant” experiences “adverse action” in the context of a credit transaction. See 12 CFR § 202.2(c)(1). A co-applicant is an “applicant” but a guarantor is not. 12 CFR. § 202.2(e). Therefore, where a creditor denies an application, both the primary applicant and any co-applicant have suffered an “adverse action,” but any guarantor has not. "

https://www.ftc.gov/sites/default/f...ary-interpretations/110720fcrareport.pdf