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Under the FCRA, as amended, "prescreened" solicitations sent to consumers are required to contain a simple and easy-to-understand notice providing information about the offer and instructions on how consumers can opt out of receiving future offers by calling a toll-free telephone number or writing to a specified address. The rule requires a "layered" notice (a short statement on the first page of the solicitation and a longer statement providing additional information about prescreening), establishes baseline requirements for the format, type size, and manner of the notice, and provides "model" notices in English and Spanish. The rule will become effective on August 1, 2005.Effective Date of Certain FACT Act ProvisionsAttached is a letter from the FTC (as well as other federal agencies responsible for regulation and enforcement with respect to non-FCS entities) providing guidance on the how the FTC and other agencies expect to apply certain provisions of the FACT Act in light of their effective dates. You may also wish to review the FTC's joint Federal Register notice dated February 11, 2004, at 69 FR 6526, for further information regarding FACT Act effective dates.
While the FCA has no enforcement authority under the FACT Act, the FCA will examine for compliance under its general authority to protect the safety and soundness of System institutions, and to assist the FTC, if material noncompliance is evident.
Click here to download the full text of the regulations.
Source: US Department of Treasury
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