[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR610.1]

[Page 533-534]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 610-FREE ANNUAL FILE DISCLOSURES--Table of Contents
 
Sec. 610.1  Definitions and rule of construction.




Sec.
610.1 Definitions and rule of construction.
610.2 Centralized source for requesting annual file disclosures from 
          nationwide consumer reporting agencies.
610.3 Streamlined process for requesting annual file disclosures from 
          nationwide specialty consumer reporting agencies.

    Authority: Pub. L. 108-159, sections 211 (a) and (d).

    Source; 69 FR 35496, June 24, 2004, unless otherwise noted.


    (a) The definitions and rule of construction set forth in this 
section apply throughout this part.
    (b) Definitions.
    (1) Annual file disclosure means a file disclosure that is provided 
to a consumer, upon consumer request and without charge, once in any 12-
month period, in compliance with section 612(a) of the Fair Credit 
Reporting Act, 15 U.S.C. 1681j(a).
    (2) Associated consumer reporting agency means a consumer reporting 
agency that owns or maintains consumer files housed within systems 
operated by one or more nationwide consumer reporting agencies.
    (3) Consumer means an individual.
    (4) Consumer report has the meaning provided in section 603(d) of 
the Fair Credit Reporting Act, 15 U.S.C. 1681a(d).
    (5) Consumer reporting agency has the meaning provided in section 
603(f) of the Fair Credit Reporting Act, 15 U.S.C. 1681a(f).
    (6) Extraordinary request volume, except as provided in sections 
610.2(i) and 610.3(g) of this part, occurs when the number of consumers 
requesting or attempting to request file disclosures during any 24-hour 
period is more than 175% of the rolling 90-day daily average of 
consumers requesting or attempting to request file disclosures. For 
example, if over the previous 90 days an average of 100 consumers per 
day requested or attempted to request file disclosures, then 
extraordinary request volume would be any volume greater than 175% of 
100, i.e., 176 or more requests in a single 24-hour period.
    (7) File disclosure means a disclosure by a consumer reporting 
agency pursuant to section 609 of the Fair Credit Reporting Act, 15 
U.S.C. 1681g.
    (8) High request volume, except as provided in sections 610.2(i) and 
610.3(g) of this part, occurs when the number of

[[Page 534]]

consumers requesting or attempting to request file disclosures during 
any 24-hour period is more than 125% of the rolling 90-day daily average 
of consumers requesting or attempting to request file disclosures. For 
example, if over the previous 90 days an average of 100 consumers per 
day requested or attempted to request file disclosures, then high 
request volume would be any volume greater than 125% of 100, i.e., 126 
or more requests in a single 24-hour period.
    (9) Nationwide consumer reporting agency means a consumer reporting 
agency that compiles and maintains files on consumers on a nationwide 
basis as defined in section 603(p) of the Fair Credit Reporting Act, 15 
U.S.C. 1681a(p).
    (10) Nationwide specialty consumer reporting agency has the meaning 
provided in section 603(w) of the Fair Credit Reporting Act, 15 U.S.C. 
1681a(w).
    (11) Request method means the method by which a consumer chooses to 
communicate a request for an annual file disclosure.
    (c) Rule of construction. The examples in this part are illustrative 
and not exclusive. Compliance with an example, to the extent applicable, 
constitutes compliance with this part.