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Joint Press Release
May 08, 2008

Agencies Issue Proposed Rules on Risk-Based
Pricing Notices
Board of Governors of the Federal Reserve System
Federal Trade Commission
For immediate release
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The Federal Reserve Board and the Federal Trade Commission today
announced proposed regulations that generally would require a creditor
to provide a consumer with a risk-based pricing notice when, based in
whole or in part on the consumer's credit report, the creditor offers or
provides credit to the consumer on terms less favorable than the terms it
offers or provides to other consumers.
Risk-based pricing refers to the practice of using a consumer's credit
report, which reflects his or her risk of nonpayment, in setting or
adjusting the price and other terms of credit offered or extended to a
particular consumer. Many creditors offer more favorable terms to
consumers with better credit histories. The proposed rules would apply,
with certain exceptions, to all creditors that engage in risk-based
pricing. Under these rules, a risk-based pricing notice would generally
be provided to the consumer after the terms of credit have been set, but
before the consumer becomes contractually obligated on the credit
transaction.   
The proposal provides a number of different approaches that creditors
may use to identify the consumers to whom they must provide riskbased pricing notices. In addition, the proposed rule includes certain

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exceptions to the notice requirement. The most significant of the
exceptions permits creditors, in lieu of providing a risk-based pricing
notice to those consumers who receive less favorable terms, to provide
all of their consumers with their credit scores and explanatory
information.
The proposal would implement section 311 of the Fair and Accurate
Credit Transactions Act of 2003, which amends the Fair Credit
Reporting Act.
The proposed rules are attached. The proposal will soon be published
in the Federal Register and the comment period will end 90 days
thereafter.
Federal Register Notice: 8.8 MB PDF | TEXT
Correction: 1.54 MB PDF | TEXT

Proposal for Comment
FACT Act Risk-Based Pricing Rule
View Comments

Media Contacts:
Federal Reserve
202-452Susan Stawick
Board
2955
Kellie
202-326FTC
Cosgrove Riley 2252

Last Update: May 08, 2008

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