The Facts on FACTA: the Fair and Accurate Credit Transactions Act


FACTA, the Fair and Accurate Credit Transactions Act of 2003, amends the Fair Credit Reporting Act in several ways. Those using credit scores to evaluate home loan applications must give the consumer credit-scoring information from the credit reporting agencies and explain the role of the credit score in the decisionmaking. FACTA also requires the Federal Reserve Board and Federal Trade Commission to issue regulations on "risk-based pricing" to include a notice when a person is offered credit on terms that are materially less favorable than the terms offered to other consumers. Also, consumers will be given an opportunity to opt out of certain information sharing, such as the sharing between a company that has financial information on the consumer and that company's affiliates. FACTA's procedures for reducing identity theft and the other issues above are reviewed in this article by Andrea Lee Negroni and Jonathan Jerison, which first appeared in Scotsmans Guide in August 2005.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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