[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79485-79486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30830]


=======================================================================
-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION


Charges For Certain Disclosures

AGENCY: Federal Trade Commission.

ACTION: Notice Regarding Charges for Certain Disclosures.

-----------------------------------------------------------------------

SUMMARY: The Federal Trade Commission announces that the ceiling on 
allowable charges under Section 612(f) of the Fair Credit Reporting Act 
(``FCRA'') will increase from $10.50 to $11.00 effective January 1, 
2009. Under 1996 amendments to the FCRA, the Federal Trade Commission 
is required to increase the $8.00 amount referred to in paragraph 
(1)(A)(i) of Section 612(f) on January 1 of each year, based 
proportionally on changes in the Consumer Price Index (``CPI''), with 
fractional changes rounded to the nearest fifty cents. The CPI 
increased 35.72 percent between September 1997, the date the FCRA 
amendments took effect, and September 2008. This increase in the CPI 
and the requirement that any increase be rounded to the nearest fifty 
cents results in an increase in the maximum allowable charge to $11.00 
effective January 1, 2009.

EFFECTIVE DATE: January 1, 2009.

ADDRESSES: Federal Trade Commission, Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT: Keith B. Anderson, Bureau of 
Economics, Federal Trade Commission, Washing-ton, DC 20580, 202-326-
3428.

SUPPLEMENTARY INFORMATION: Section 612(f)(1)(A) of the Fair Credit 
Reporting Act, which became effective in 1997, provides that a consumer 
reporting agency may charge a consumer a reasonable amount for making a 
disclosure to the consumer pursuant to Section 609 of the Act.\1\ The 
law states that, where a consumer reporting agency is permitted to 
impose a reasonable charge on a consumer for making a disclosure to the 
consumer pursuant to Section 609, the charge shall not exceed $8 and 
shall be indicated to the consumer before making the disclosure. 
Section 612(f)(2) states that the Federal Trade Commission (``the 
Commission'') shall increase the $8.00 maximum amount on January 1 of 
each year, based proportionally on changes in the Consumer Price Index, 
with fractional changes rounded to the nearest fifty cents.
---------------------------------------------------------------------------

    \1\ This provision, originally Section 612(a), was added to the 
FCRA in September 1996 and became effective in September 1997. It 
was relabeled Section 612(f) by Section 211(a)(1) of the Fair and 
Accurate Credit Transactions Act of 2003 (``FACT Act''), Public Law 
108-159, which was signed into law on December 4, 2003.
---------------------------------------------------------------------------

    Section 211(a)(2) of the Fair and Accurate Credit Transactions Act 
of 2003 (``FACT Act'') added a new Section 612(a) to the FCRA that 
gives consumers the right to request free annual disclosures once every 
12 months. The maximum allowable charge established by this Notice does 
not apply to requests made under that provision. The charge does apply 
when a consumer who orders a file disclosure has already received a 
free annual disclosure and does not otherwise qualify for an additional 
free disclosure.
    The Commission considers the $8 amount referred to in paragraph 
(1)(A)(i) of Section 612(f) to be the baseline for the effective 
ceiling on reasonable charges dating from the effective date of the 
amended FCRA, i.e., September 30, 1997. Each year the Commission 
calculates the proportional increase in the Consumer Price Index (using 
the most general CPI, which is for all urban consumers, all items) from 
September 1997 to September of the current year. The Commission then 
determines what modification, if any, from the original base of $8 
should be made effective on January 1 of the subsequent year, given the 
requirement that fractional changes be rounded to the nearest fifty 
cents.
    Between September 1997 and September 2008, the Consumer Price Index 
for all urban consumers and all items increased by 35.72 percent--from 
an index value of 161.2 in September 1997 to a value of 218.798 in 
September 2008. An increase of 35.72 percent in the $8.00 base figure 
would lead to a new figure of $10.86. However, because the statute 
directs that the resulting figure be rounded to the nearest $0.50, the 
maximum allowable charge should be $11.00.

[[Page 79486]]

    The Commission therefore determines that the maximum allowable 
charge for the year 2009 will be $11.00.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E8-30830 Filed 12-24-08: 8:45 am]
BILLING CODE 6750-01-S