North Dakota Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency

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Multi-State
Control #:
US-01411BG
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Word; 
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Description

Whenever credit for personal, family, or household purposes involving a consumer is denied or the charge for the credit is increased either wholly or partly because of information obtained from a person other than a credit reporting agency bearing on the consumer's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, certain requirements must be met. The user of such information, when the adverse action is communicated to the consumer, must clearly and accurately disclose the consumer's right to make a written request for disclosure of the information. If such a request is made and is received within 60 days after the consumer learned of the adverse action, the user, within a reasonable period of time, must disclose to the consumer the nature of the information.

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FAQ

Notice is not required if: The transaction does not involve credit; A credit applicant accepts a counteroffer; A credit applicant expressly withdraws an application; or.

Under the Fair Credit Reporting Act (FCRA), creditors, lenders, and other businesses must send you an adverse action notice in these scenarios: Your credit application is denied. You are not extended credit in the amount or terms you wanted.

If your customer accepts any credit offer and you're able to seal the deal, an adverse action notice is not needed. And don't count on the lender to send an adverse action notice?they have their own set of rules, and a notice from them does not eliminate any obligations your dealership has to the consumer.

A furlough of 30 days or less (which typically occurs for budgetary reasons) is also conducted under the rules for adverse actions. However, a longer furlough, removal due to a reduction in force (RIF), or demotion due to a RIF is not an ?adverse action? and is conducted under the rules set forth in 5 C.F.R. part 351.

If you deny a consumer credit based on information in a consumer report, you must provide an ?adverse action? notice to the consumer.

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North Dakota Notice of Increase in Charge for Credit Based on Information Received From Person Other Than Consumer Reporting Agency